Terms of Service

Last Revised: January 1, 2026

OVERVIEW

By accessing our website and/or purchasing products from Burke Home Goods, you are using our services (the “Service”) and agree to comply with and be bound by these Terms of Service (the “Terms”), together with any additional terms, conditions, or policies referenced in this document or made available through links. These Terms apply to all individuals and entities that access or use the Site, including but not limited to visitors, customers, vendors, merchants, and individuals who contribute content.

Please review these Terms carefully before using our website or Services. By accessing or using any portion of the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to all terms and conditions contained herein, you are not authorized to access the Site or use any of the Services. To the extent these Terms are deemed to constitute an offer, acceptance is expressly limited to the provisions set forth herein.

Any new features, tools, or functionalities added to the Site or Services in the future will also be governed by these Terms. The most current version of the Terms of Service will always be available on this page. We reserve the right to revise, modify, or replace any portion of these Terms at our discretion by posting updated terms on the website. It is your responsibility to review this page periodically for changes. Continued access to or use of the Site following the posting of revised Terms constitutes your acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are of legal age to form a binding contract with Burke Home Goods and that you have given us your consent to allow any of your minor dependents to use the Site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

SECTION 2 – GENERAL CONDITIONS

We reserve the right, in our sole discretion, to deny or discontinue access to the Service to any individual or entity at any time and for any reason.

You acknowledge that information you submit through the Service, excluding payment card data, may be transmitted across multiple networks and may be subject to technical modifications to ensure compatibility with various systems or devices. All payment card information is encrypted during electronic transmission.

Except where expressly authorized in writing by Burke Home Goods, you may not copy, reproduce, distribute, sell, resell, exploit, or otherwise use any portion of the Service, the Site, or its content. This restriction includes, without limitation, the use of automated tools or technologies—such as bots, spiders, scrapers, crawlers, data-mining software, scripts, or similar mechanisms—to access, retrieve, collect, or extract content or data from the Site for any purpose. You further agree not to employ manual methods to access, copy, or monitor any portion of the Site in an unauthorized manner or in a way that could impair, disrupt, or interfere with the Site’s functionality.

We further reserve the right to restrict, suspend, or terminate access to the Site, without prior notice, for any user, account, IP address, or system that we reasonably believe is engaging in unauthorized data extraction or similar activities. Any unauthorized scraping, harvesting, or use of Site data constitutes a violation of these Terms and may also breach applicable laws, including those governing computer misuse and intellectual property. We retain all legal and equitable remedies available, including the right to seek injunctive relief, monetary damages, and recovery of attorneys’ fees.

The section headings used in these Terms are provided solely for organizational convenience and shall not affect the interpretation or scope of any provision.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information on this Site is not accurate, complete, or current. The material on the Site is provided for general information only and should not be relied upon as the sole basis for purchasing decisions without consulting primary, more accurate, more complete, or more timely sources of information.

SECTION 4 – MODIFICATIONS TO SERVICE AND PRICES

Product pricing may be adjusted at our discretion and may change from time to time without prior notice.

We reserve the right to alter, suspend, or discontinue the Service, or any portion of it, at any time and for any reason, with or without notice.

Burke Home Goods shall not be responsible or liable to you or to any third party for any changes to pricing, modifications to the Service, or for any temporary or permanent suspension or termination of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products, such as the Axis Pro Ankle Strengthener, may be available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products; however, we cannot guarantee that your computer monitor’s display of any color will be accurate.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, household, or order.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email or phone number you provided when the order was made.

SECTION 7 – OPTIONAL TOOLS

We may provide access to optional third-party tools that we do not monitor or control. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties.

SECTION 8 – THIRD-PARTY LINKS

Some features, content, products, or services made available through the Service may originate from or be provided by third parties.

Links on our website may lead you to external websites or services that are not owned, operated, or controlled by Burke Home Goods. We do not monitor, endorse, or assume responsibility for the content, accuracy, availability, or practices of any third-party websites or materials, and we make no warranties regarding them.

Burke Home Goods shall not be responsible or liable for any loss, damage, or injury arising from your access to, use of, or reliance on any third-party content, products, services, or resources, including any transactions conducted through third-party websites. You are encouraged to review the applicable terms, policies, and practices of any third party before engaging in transactions or relying on their offerings. Any disputes, claims, or concerns relating to third-party products or services should be addressed directly with the applicable third party.

SECTION 9 – USER COMMENTS & SUBMISSIONS

If you submit materials to us at our request (such as entries for promotions or contests), or voluntarily provide feedback, ideas, suggestions, concepts, proposals, or other content through any method, including electronic communications or physical mail (collectively, “Submissions”), you grant Burke Home Goods an unrestricted, perpetual, irrevocable, royalty-free right to use, reproduce, modify, adapt, publish, translate, distribute, and display such Submissions in any form or medium, without limitation.

We are not obligated to treat any Submissions as confidential, to provide compensation for their use, or to respond to them.

We reserve the right, but are not required, to review, modify, restrict, or remove any content that we determine, in our sole discretion, violates applicable laws, is offensive, inappropriate, defamatory, infringing, or otherwise inconsistent with these Terms.

You represent and warrant that any Submissions you provide do not infringe upon the intellectual property, privacy, publicity, or other rights of any third party, and that such content does not contain unlawful, defamatory, abusive, obscene, or harmful material, including viruses or other malicious code that could disrupt the operation of the Service or related systems. You further agree not to submit content using false contact information, impersonate another individual, or misrepresent the origin of any Submission.

You are solely responsible for the content and accuracy of any Submissions you provide. Burke Home Goods assumes no responsibility or liability for content submitted by you or by any third party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on the Site may contain errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, or availability. We reserve the right to correct any errors and to change or update information without prior notice.

SECTION 12 – PROHIBITED USES

In addition to any other restrictions set forth in these Terms of Service, you agree that you will not access or use the Site or its content for any prohibited purpose. Prohibited conduct includes, but is not limited to, using the Site or Services:

(a) in violation of any applicable local, state, federal, or international law or regulation;
(b) to encourage, solicit, or assist others in engaging in unlawful or unauthorized activities;
(c) in a manner that infringes upon or misappropriates the intellectual property rights of Burke Home Goods or any third party;
(d) to engage in conduct that is threatening, abusive, harassing, defamatory, discriminatory, or otherwise harmful toward any individual or group;
(e) to provide inaccurate, deceptive, or misleading information;
(f) to introduce, upload, transmit, or distribute malware, viruses, or other harmful code that could disrupt, damage, or interfere with the operation or security of the Service, this Site, or any connected systems;
(g) to collect, monitor, or misuse the personal information of others without proper authorization;
(h) to engage in unsolicited communications or automated data collection practices, including but not limited to spamming, phishing, scraping, crawling, or similar activities;
(i) for obscene, offensive, or otherwise inappropriate purposes; or
(j) to bypass, disable, or interfere with any security-related features or protective measures associated with the Service, the Site, or any related networks.

We reserve the right, in our sole discretion, to suspend or terminate your access to the Service or any related website if we determine that you have engaged in prohibited conduct or violated these Terms.

SECTION 13 – DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

Burke Home Goods does not make any assurances or guarantees that access to or use of the Service will be continuous, timely, secure, or free from errors or interruptions.

We make no representations regarding the accuracy, reliability, or usefulness of any outcomes or information obtained through use of the Service.

You acknowledge and agree that we may, at our discretion, suspend, modify, or discontinue the Service, in whole or in part, at any time and for any duration, without prior notice.

Your use of the Service, and any inability to access or use it, is undertaken entirely at your own risk. Unless expressly stated otherwise by Burke Home Goods, the Service and all products or services provided through it are offered on an “as is” and “as available” basis, without any representations, warranties, or conditions of any kind, whether express or implied. This includes, without limitation, any implied warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement.

To the fullest extent permitted by applicable law, Burke Home Goods, together with its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, and licensors, shall not be liable for any injury, loss, claim, or damages of any kind, including direct, indirect, incidental, special, punitive, or consequential damages. This includes, without limitation, lost profits, lost revenue, loss of data, replacement costs, or similar losses, whether arising under contract, tort (including negligence), strict liability, or any other legal theory, and whether or not we were advised of the possibility of such damages. This limitation applies to any claims arising from or related to your use of the Service or any products obtained through it, including errors or omissions in content or materials made available through the Service.

In jurisdictions that do not permit the exclusion or limitation of certain damages, our liability shall be limited to the maximum extent allowed by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Burke Home Goods, including its parent entities, subsidiaries, affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, and suppliers, from and against any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your breach of these Terms of Service, any policies incorporated herein by reference, your violation of applicable law, or the infringement of any rights of a third party.

SECTION 15 – SEVERABILITY

If any provision of these Terms is unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion will be deemed severed.

SECTION 16 – TERMINATION

Any duties, responsibilities, or liabilities that arose before this agreement ends will continue to apply after termination, to the extent necessary to give them effect.

These Terms remain in force unless ended by either you or Burke Home Goods. You may terminate this agreement at any time by discontinuing your use of our website and Services or by informing us that you no longer wish to use them.

We reserve the right, at our sole discretion, to suspend or terminate your access to the Services immediately and without prior notice if we believe you have violated, or attempted to violate, any provision of these Terms. In such cases, you will remain responsible for any outstanding charges or obligations incurred up to the date of termination, and we may restrict or revoke your access to all or part of the Services.

SECTION 17 – ENTIRE AGREEMENT

Our decision not to enforce any right or provision of these Terms does not mean that we waive the ability to enforce that right or provision at a later time.

These Terms of Service, together with any policies or guidelines we publish on this website or in connection with the Service, represent the complete and exclusive agreement between you and Burke Home Goods regarding your use of the Service. They replace and supersede all prior or contemporaneous understandings, agreements, discussions, or communications, whether written or oral, including any previous versions of these Terms.

Any uncertainty or ambiguity in the interpretation of these Terms shall be interpreted fairly and shall not be construed against either party based solely on authorship.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Manitoba, Canada. Without limiting the preceding covenant, if you actually or allegedly violate Sections 2 or Section 12 hereof, you consent to the personal jurisdiction of and venue within the federal courts located within the state of Idaho, Ada County, USA for any lawsuit arising out of or related hereto.

SECTION 19 – CHANGES TO TERMS

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to: info.burkehomegoods@gmail.com