Terms Of Service (TOS)
Effective Date: 10/15/2026
Last Updated: 10/15/2026
IMPORTANT: SECTION 18 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER. EXCEPT FOR THE LIMITED EXCEPTIONS DESCRIBED THERE, IT AFFECTS HOW YOU MAY RESOLVE A DISPUTE WITH THE BURN CO. AND MAY AFFECT YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
1. Agreement to These Terms
1.1 Who We Are
The Burn Co. is the trade name of BURN COMPANY LLC, a Nevada limited liability company. In these Terms, “The Burn Co.,” “we,” “us,” and “our” mean BURN COMPANY LLC doing business as The Burn Co.
1.2 Scope
These Terms govern your access to and use of theburnco.net and its related features, communications, and services (collectively, the “Service”), and any order, purchase, or use of products sold by The Burn Co. (the “Products”), including The Dragon's Breath.
1.3 Acceptance
By accessing or using the Service, you agree to these Terms to the extent applicable to that use. If you place an order, you must affirmatively check the required checkbox confirming that you have read and agree to these Terms before proceeding to checkout. Your affirmative acceptance, together with the version of the Terms presented to you, is part of the agreement for your order.
If you do not agree to these Terms, do not use the Service or place an order.
For clarity, Section 18 applies to a visitor only when that person affirmatively accepts these Terms, including by the required checkout acceptance for an order. Mere passive viewing of a webpage, without affirmative acceptance, is not intended by itself to create an agreement to arbitrate.
1.4 Electronic Records
You agree that electronic records, communications, and signatures may be used in connection with the Service and your order. You may retain a copy of these Terms by saving or printing them. Nothing in this Section changes any right you may have to receive a disclosure or record in a particular form when applicable law requires it.
2. Eligibility and Sales Territory
2.1 Age and Authority
You may use the Service and purchase Products only if you are at least 18 years old, are the age of legal majority where you live, and can form a binding contract. If you purchase for an organization, you represent that you have authority to bind that organization to these Terms.
2.2 United States Sales; Maryland Exclusion
The Burn Co. currently offers Products only for shipment within the United States and does not sell or ship Products to Maryland. We may refuse, limit, or cancel an order if we reasonably believe that fulfillment, possession, transfer, or use would violate law, create a safety concern, or fall outside our current sales territory.
2.3 Customer Responsibility for Lawful Conduct
You are responsible for determining and complying with laws, regulations, codes, property rules, and safety requirements that apply where you purchase, possess, transport, store, or use a Product. Our decision to accept an order does not represent that a Product is legal, appropriate, or permitted for every purpose or location.
3. Product Information and Intended Market
3.1 Product Description
The Dragon's Breath is a handheld, dragon-shaped, propane-powered flame-producing product intended for adults for outdoor fantasy entertainment, novelty, and collector-oriented use. It is not a toy and is not marketed by The Burn Co. for use as a weapon, for self-defense, or for tactical use.
3.2 Product Information Is Not an Additional Warranty
We aim to describe Products accurately. Product descriptions, images, finish variations, availability information, and other content are provided for general information and do not create a warranty except to the extent expressly stated in a separate written warranty or otherwise required by applicable law.
3.3 No Fuel Included
Unless we expressly state otherwise in writing for a particular order, Products ship without propane fuel.
4. Safety Acknowledgment and Proper Use
4.1 Acknowledgment of Risks
You understand that a Product may involve exposed flame, heat, propane, combustible gas, ignition sources, and risks of burns, fire, explosion, personal injury, death, and damage to real or personal property. Those risks can arise from improper handling, storage, transport, assembly, fuel connection, operation, maintenance, modification, environmental conditions, the conduct of the user or others, or other foreseeable circumstances.
4.2 Required Conduct
Before using a Product, you must read and follow all instructions, warnings, labels, and safety information supplied by The Burn Co. You must use the Product lawfully and responsibly, take reasonable precautions for people and property, and stop use if you reasonably suspect damage, malfunction, unsafe condition, or unauthorized alteration.
4.3 Prohibited Conduct
You must not, and must not permit another person to:
use a Product contrary to law, supplied instructions, warnings, or safety information;
use a Product as a weapon, for self-defense, for tactical purposes, or to threaten, harass, or endanger any person or property;
allow a person who is underage, impaired, untrained, or otherwise legally prohibited from handling the Product to possess or use it;
alter, disassemble, bypass, defeat, or modify a safety-related component, fuel connection, ignition component, or other part of the Product except as expressly authorized in our current written instructions;
use an unapproved fuel source, component, adapter, accessory, or substitute part, or use a Product after a damaged, altered, or nonconforming component is identified; or
sell, rent, loan, transfer, or otherwise provide a Product to another person in violation of law or these Terms.
Nothing in this Section reduces our responsibilities, if any, for a defective Product or for obligations that cannot legally be disclaimed.
5. Unauthorized Modifications, Compatibility, and Service
Only use fuel, components, adapters, accessories, and service procedures that The Burn Co. expressly identifies as compatible in current written instructions. Unauthorized modification, disassembly, repair, substitution, or misuse can create serious safety risks and may affect eligibility for a voluntary return, repair, or warranty remedy to the extent the condition caused the claimed issue or applicable law otherwise permits.
6. Orders, Pricing, Payment, and Acceptance
6.1 Your Order Is an Offer; Our Acceptance
Your submission of an order is an offer to buy the Product(s) identified in that order. An automated order-receipt email confirms only that we received your order; it does not mean we accepted it. We accept an order when we send a shipping confirmation or another clear acceptance notice. We may decline, limit, or cancel an order before acceptance for lawful reasons, including inventory limits, suspected fraud, payment authorization failure, pricing or listing error, safety concerns, legal restrictions, shipping limitations, or a violation of these Terms. If we cancel an order after payment has been captured, we will refund the amount paid for the canceled item(s) as required by law.
If, after acceptance, we reasonably determine that fulfillment would be unlawful, unsafe, or materially impossible, or is prohibited by a governmental order, we may cancel the affected order subject to applicable law and refund obligations.
6.2 Pricing and Taxes
Prices are shown in U.S. dollars unless we clearly state otherwise. We may change prices prospectively before an order is submitted. If a material pricing, listing, or availability error occurs, we may correct it and cancel the affected order before acceptance, with a prompt refund of any amount paid for that canceled order. You are responsible for sales, use, and similar taxes where applicable; we may collect those amounts when required or permitted by law.
6.3 Payment Authorization
You authorize us and our payment-service providers to charge the payment method you provide for the amounts shown at checkout, including applicable taxes and shipping charges. Available payment methods are those displayed at checkout. We may use third-party payment providers, and their separate terms and privacy notices may apply to your transaction.
6.4 Payment Disputes and Fraud Review
If a payment is declined, reversed, disputed, or reasonably suspected to be unauthorized or fraudulent, we may pause fulfillment, investigate the matter, cancel an unaccepted order, or decline future transactions to the extent permitted by law. Nothing in these Terms limits your good-faith rights under applicable law or the rules of your payment provider.
7. Free Early-Access Waitlist
When a Product is sold out, you may be able to join a free early-access waitlist. Joining the waitlist is not a purchase, reservation, deposit, contract to sell, allocation of inventory, or promise of price, availability, priority, or delivery date. We may contact waitlist participants about potential availability, but we may change, limit, suspend, or end the waitlist at any time. Marketing-consent and privacy rights relating to waitlist communications are governed by our Privacy Policy and applicable law.
The Burn Co. does not currently accept paid preorders, partial-payment preorders, or nonrefundable deposits through the waitlist.
8. Shipping, Delivery, Availability, and Delays
8.1 Shipping Information
You must provide accurate, complete shipping and contact information. We may use a carrier of our choice unless we expressly agree otherwise. Shipping and delivery estimates are estimates, not guarantees, unless we expressly state a guarantee in writing.
8.2 Delayed or Unavailable Orders
We will handle shipping delays, backorders, cancellations, and refunds as required by applicable law. If we cannot ship within a stated or legally required time, we will provide any delay notice, cancellation option, or refund required by law.
8.3 Delivery and Risk of Loss
To the extent permitted by applicable law, title to a Product passes after full payment, and risk of loss passes when the carrier confirms delivery to the shipping address you provided. This Section does not limit any remedy available for a Product that is defective, nonconforming, or not delivered as required by law.
9. Returns, Refunds, and Cancellations
Returns, refunds, exchanges, and cancellation rights are governed by our current Return/Refund Policy, available at https://theburnco.net/policies/refund-policy, and by applicable law. You must follow reasonable return instructions we provide. The Return/Refund Policy does not limit any applicable written-warranty remedy or statutory right that cannot legally be limited.
10. Written Warranty and Disclaimer of Other Warranties
10.1 Separate Written Warranty
If a Product is accompanied by a separate written limited warranty, that warranty governs its stated coverage, duration, exclusions, claim procedure, and remedies.
10.2 Disclaimer; Statutory Savings
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR ANY EXPRESS WRITTEN WARRANTY PROVIDED WITH A PRODUCT, THE BURN CO. DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Some laws do not allow the exclusion or limitation of certain implied warranties or remedies. If an implied warranty cannot legally be disclaimed or limited, it applies only to the minimum extent and duration permitted by law. Nothing in these Terms disclaims or limits a written warranty, an implied warranty, or a remedy to the extent the Magnuson-Moss Warranty Act or other applicable law prohibits that result.
11. Intellectual Property
The Service, Product designs, product names, logos, photographs, videos, text, graphics, artwork, and other content are owned by or licensed to The Burn Co. and are protected by applicable intellectual-property laws. Subject to these Terms, we grant you a limited, personal, nonexclusive, nontransferable, revocable license to use the Service for its intended consumer purpose. Except where law permits, you may not copy, reproduce, distribute, modify, reverse engineer, create derivative works from, exploit, or use our intellectual property without prior written permission. No purchase transfers any intellectual-property right in a Product design or content.
12. Feedback
If you voluntarily provide comments, suggestions, ideas, or other feedback about the Service or Products, you grant The Burn Co. a nonexclusive, worldwide, perpetual, irrevocable, royalty-free right to use, reproduce, modify, and otherwise exploit that feedback for any lawful business purpose without compensation to you. Do not provide feedback that includes confidential information you do not have authority to share.
13. Privacy
Our collection, use, and disclosure of personal information are governed by our Privacy Policy, available at https://theburnco.net/policies/privacy-policy. The Privacy Policy is incorporated into these Terms only to the extent it applies to your use of the Service or a purchase. If there is a conflict between a privacy right required by applicable law and these Terms, the applicable law controls.
14. Third-Party Services and Website Availability
The Service may rely on third-party platforms, payment providers, carriers, social-media services, or links to third-party websites. We do not control and are not responsible for third-party services, content, availability, policies, or acts or omissions. Your use of a third-party service is governed by that provider's terms and privacy practices.
We may modify, suspend, or discontinue any part of the Service for operational, security, legal, or business reasons. We will not be liable for a temporary interruption except to the extent applicable law requires otherwise.
15. Assumption of Inherent Risks
You knowingly acknowledge the inherent and foreseeable risks described in Section 4 and accept responsibility for your own lawful handling, storage, transport, and use of a Product and for the conduct of persons to whom you provide access. To the fullest extent permitted by law, you assume risks arising from your own breach of these Terms, failure to follow supplied instructions or warnings, unlawful conduct, unauthorized modification, use of unapproved components or fuel, or the conduct of another user.
This acknowledgment is not a release of claims arising from an alleged defective design, defective manufacture, inadequate warning, gross negligence, willful misconduct, fraud, or any liability that applicable law does not permit to be released or limited.
16. Limited Indemnification for Customer-Caused Third-Party Claims
To the fullest extent permitted by applicable law, you will defend, indemnify, and hold harmless The Burn Co. and its members, managers, employees, contractors, agents, successors, and assigns from third-party claims, damages, liabilities, losses, and reasonable expenses (including reasonable attorneys' fees) to the extent directly arising from your breach of these Terms, unlawful conduct, unauthorized modification, use of unapproved fuel or components, failure to follow supplied instructions or warnings, or other misuse of a Product by you or a person to whom you gave access.
This obligation does not apply to the extent a claim arises from a Product defect, our negligence, our gross negligence, our willful misconduct, or any matter for which indemnification is prohibited by law. We will give you reasonable notice of a claim and may control the defense, subject to your right to participate with counsel at your expense.
17. Limitation of Liability
17.1 Excluded Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, THE BURN CO. WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SERVICE, A PRODUCT, OR THESE TERMS, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF USE, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
17.2 Liability Cap for Permitted Claims
TO THE FULLEST EXTENT PERMITTED BY LAW, THE BURN CO.'S AGGREGATE LIABILITY FOR CLAIMS SUBJECT TO THIS SECTION WILL NOT EXCEED THE AMOUNT YOU PAID TO THE BURN CO. FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
17.3 Claims Not Limited
Sections 17.1 and 17.2 do not limit liability to the extent limitation is prohibited by law, including liability for fraud, willful misconduct, gross negligence, or a claim for personal injury, death, or property damage to the extent caused by a defective Product or by conduct for which liability cannot legally be limited. They also do not limit a written warranty or statutory remedy to the extent applicable law prohibits the limitation.
18. Dispute Resolution: Informal Resolution, Individual Arbitration, and Class-Action Waiver
18.1 Scope and Mutual Agreement to Arbitrate
Except for the limited exceptions in this Section 18, you and The Burn Co. agree that any past, present, or future dispute, claim, or controversy arising out of or relating to the Service, Products, an order, payment, shipping, marketing, a warranty, a return, these Terms, the Privacy Policy, or the formation, enforceability, interpretation, performance, or breach of any of them (each, a “Claim”) will be resolved by binding individual arbitration, not in court. This includes Claims based on contract, tort, statute, regulation, common law, or equity, including product-related and personal-injury Claims, to the fullest extent arbitration is legally permitted.
This Section extends to Claims involving our affiliates, members, managers, employees, contractors, agents, successors, and assigns when they arise from or relate to a Claim against or involving The Burn Co.
18.2 Informal Notice and Good-Faith Resolution
Before either party begins arbitration or, where permitted, a court action, the party asserting a Claim must first send the other a written Notice of Dispute and allow 60 days for good-faith informal resolution.
For a customer, a Notice of Dispute must be sent by email to theburnco.na@gmail.com with the subject line “Notice of Dispute.” It must include the customer's name, contact information, order number if available, a description of the Claim, the requested relief, and any supporting information reasonably necessary to evaluate the Claim.
The Burn Co. will send its Notice of Dispute to the email address associated with the relevant order or account. The parties agree to communicate in good faith during the 60-day period. To the extent permitted by law, the parties agree that any applicable limitations period or filing deadline will be tolled while they complete this process.
18.3 Arbitration Administrator and Governing Rules
Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, if applicable, its Mass Arbitration Supplementary Rules, in each case as in effect when arbitration is filed, except where these Terms provide a more consumer-protective procedure or applicable law requires otherwise. AAA rules, forms, and fee information are available at www.adr.org or by contacting AAA.
If AAA is unavailable or unwilling to administer an arbitration under this Section, the parties will select a neutral administrator that applies materially comparable consumer-arbitration procedures. If they cannot agree, a court of competent jurisdiction may appoint an administrator or arbitrator as permitted by law.
18.4 Procedure, Location, and Fees
The arbitration will be conducted by a single neutral arbitrator selected under AAA procedures. Any in-person hearing will be held at a location reasonably convenient to you, unless the parties agree otherwise or AAA rules provide a different lawful procedure. Hearings may be conducted remotely where permitted by AAA rules and applicable law.
The parties will pay filing, administration, arbitrator, and other arbitration fees as required by the applicable AAA consumer rules and applicable law. The Burn Co. will pay fees it is required to pay under those rules or law. Each party will bear its own attorneys' fees and costs unless the arbitrator awards them under applicable law. The arbitrator may award any individual relief that a court of competent jurisdiction could award under applicable law.
18.5 Authority of the Arbitrator
Except as stated in Sections 18.6 and 18.11, the arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any allegation that all or part of it is void or voidable. The arbitrator may consider dispositive motions and will issue a reasoned written decision upon request by either party. Judgment on an arbitration award may be entered in any court with jurisdiction.
18.6 Individual Proceedings; Class, Collective, and Representative Action Waiver
YOU AND THE BURN CO. MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS, PRESIDE OVER A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, OR AWARD RELIEF TO ANYONE OTHER THAN THE INDIVIDUAL PARTY SEEKING RELIEF.
Nothing in this Section prevents either party from seeking relief that applicable law does not permit the parties to waive, including public injunctive relief where and to the extent a valid waiver of that remedy is prohibited by law.
18.7 Mass Arbitration
If 25 or more substantially similar arbitration demands are filed against The Burn Co. by or with the assistance of the same law firm, group of law firms, or coordinated counsel, AAA's then-current Mass Arbitration Supplementary Rules and fee schedule will apply to the extent AAA determines they apply. This Section does not authorize class, collective, consolidated, or representative arbitration.
18.8 Small-Claims Court and Other Nonwaivable Exceptions
Either party may bring an individual Claim in small-claims court if the Claim qualifies and the court has jurisdiction. Nothing in these Terms prevents a party from seeking temporary or preliminary equitable relief in a court of competent jurisdiction to protect that party's intellectual-property rights, prevent imminent misuse of a Product, or preserve the status quo pending arbitration, where such relief is otherwise available.
18.9 No Retaliation for Good-Faith Claims
The Burn Co. will not retaliate against you for asserting a good-faith Claim, seeking a legally available remedy, or opting out of arbitration. We may still take reasonable action for fraud, abuse, safety concerns, or violation of these Terms where permitted by law.
18.10 Right to Opt Out of Arbitration
You may opt out of this arbitration agreement without affecting your purchase or any other part of these Terms. To opt out, send an email to theburnco.na@gmail.com with the subject line “Arbitration Opt-Out” within 30 days after you first accept these Terms in connection with an order. Include your full name, the email address used for the order, the order number if available, and a clear statement that you are opting out of Section 18. Only the person who accepted these Terms may opt out on that person's own behalf.
If you opt out timely, Sections 18.1 through 18.8 will not apply to your Claims, but the rest of these Terms will remain in effect. A late, incomplete, or ineffective opt-out will not affect the arbitration agreement to the extent permitted by law.
18.11 Severability
If any part of this Section 18 is found unenforceable, that part will be severed and the remaining provisions will be enforced to the maximum extent permitted by law. If the class, collective, or representative waiver in Section 18.6 is found unenforceable as to a particular Claim or remedy, only that Claim or remedy may proceed in a court of competent jurisdiction to the extent required by law; all other arbitrable Claims will remain subject to individual arbitration. If applicable law requires that a nonwaivable Claim cannot be severed from the arbitration agreement, the arbitration agreement will not apply to that Claim to the required extent.
19. Governing Law and Forum for Nonarbitrable Claims
Except to the extent federal law governs or the law of your state provides a nonwaivable protection, these Terms and any nonarbitrable Claim will be governed by Nevada law, without regard to conflict-of-law rules that would apply another jurisdiction's law. Where Section 18 does not require arbitration, the parties consent to jurisdiction in state or federal courts sitting in Nevada, except where applicable law gives a consumer a nonwaivable right to sue elsewhere or makes this forum-selection provision unenforceable as to a particular Claim.
20. Changes to These Terms
We may update these Terms prospectively by posting a revised version and updating the “Last Updated” date. A material change will not retroactively alter the Terms that governed a completed order or a Claim already subject to a Notice of Dispute unless you separately agree to the revised terms. For a future purchase, we may require affirmative acceptance of the then-current Terms. Material changes to Section 18 will apply only as permitted by law and will not affect a timely arbitration opt-out already submitted for the relevant purchase.
21. Electronic Communications and Notices
You agree that we may send ordinary transaction, customer-service, and legal communications relating to these Terms electronically to the email address you provide, unless applicable law requires another method. You are responsible for keeping your email address current.
Email to theburnco.na@gmail.com is appropriate for customer support and the Notices of Dispute described in Section 18. It is not a designated method for formal service of process. Any service of process or statutory notice must be made by the method applicable law requires.
22. General Terms
22.1 Entire Agreement
These Terms, the applicable order details, and any policies or written warranty expressly incorporated by reference form the entire agreement between you and The Burn Co. concerning the relevant Service or Product, except that a separate written warranty controls to the extent it expressly says it controls.
22.2 Severability
Except as specifically provided in Section 18.11, if any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect to the maximum extent permitted by law.
22.3 No Waiver
Our failure to enforce a provision is not a waiver of that provision or any other provision. A waiver must be in writing and signed by an authorized representative of The Burn Co.
22.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, sale of assets, or other transfer of all or part of our business, subject to applicable law.
22.5 Force Majeure
The Burn Co. is not responsible for a delay or failure caused by events beyond its reasonable control, including carrier disruption, supply interruption, natural disaster, fire, governmental action, labor dispute, communication failure, or other force-majeure event. This Section does not limit any shipping-delay notice, cancellation, refund, or other obligation that applicable law requires.
22.6 Survival
Sections that by their nature should survive termination or completion of an order—including Sections 11 through 19 and 22—will survive to the extent permitted by law.
23. Contact Us
For customer-service questions, contact The Burn Co. at:
Email: theburnco.na@gmail.com
Last Updated: 10/15/2026
IMPORTANT: SECTION 18 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER. EXCEPT FOR THE LIMITED EXCEPTIONS DESCRIBED THERE, IT AFFECTS HOW YOU MAY RESOLVE A DISPUTE WITH THE BURN CO. AND MAY AFFECT YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
1. Agreement to These Terms
1.1 Who We Are
The Burn Co. is the trade name of BURN COMPANY LLC, a Nevada limited liability company. In these Terms, “The Burn Co.,” “we,” “us,” and “our” mean BURN COMPANY LLC doing business as The Burn Co.
1.2 Scope
These Terms govern your access to and use of theburnco.net and its related features, communications, and services (collectively, the “Service”), and any order, purchase, or use of products sold by The Burn Co. (the “Products”), including The Dragon's Breath.
1.3 Acceptance
By accessing or using the Service, you agree to these Terms to the extent applicable to that use. If you place an order, you must affirmatively check the required checkbox confirming that you have read and agree to these Terms before proceeding to checkout. Your affirmative acceptance, together with the version of the Terms presented to you, is part of the agreement for your order.
If you do not agree to these Terms, do not use the Service or place an order.
For clarity, Section 18 applies to a visitor only when that person affirmatively accepts these Terms, including by the required checkout acceptance for an order. Mere passive viewing of a webpage, without affirmative acceptance, is not intended by itself to create an agreement to arbitrate.
1.4 Electronic Records
You agree that electronic records, communications, and signatures may be used in connection with the Service and your order. You may retain a copy of these Terms by saving or printing them. Nothing in this Section changes any right you may have to receive a disclosure or record in a particular form when applicable law requires it.
2. Eligibility and Sales Territory
2.1 Age and Authority
You may use the Service and purchase Products only if you are at least 18 years old, are the age of legal majority where you live, and can form a binding contract. If you purchase for an organization, you represent that you have authority to bind that organization to these Terms.
2.2 United States Sales; Maryland Exclusion
The Burn Co. currently offers Products only for shipment within the United States and does not sell or ship Products to Maryland. We may refuse, limit, or cancel an order if we reasonably believe that fulfillment, possession, transfer, or use would violate law, create a safety concern, or fall outside our current sales territory.
2.3 Customer Responsibility for Lawful Conduct
You are responsible for determining and complying with laws, regulations, codes, property rules, and safety requirements that apply where you purchase, possess, transport, store, or use a Product. Our decision to accept an order does not represent that a Product is legal, appropriate, or permitted for every purpose or location.
3. Product Information and Intended Market
3.1 Product Description
The Dragon's Breath is a handheld, dragon-shaped, propane-powered flame-producing product intended for adults for outdoor fantasy entertainment, novelty, and collector-oriented use. It is not a toy and is not marketed by The Burn Co. for use as a weapon, for self-defense, or for tactical use.
3.2 Product Information Is Not an Additional Warranty
We aim to describe Products accurately. Product descriptions, images, finish variations, availability information, and other content are provided for general information and do not create a warranty except to the extent expressly stated in a separate written warranty or otherwise required by applicable law.
3.3 No Fuel Included
Unless we expressly state otherwise in writing for a particular order, Products ship without propane fuel.
4. Safety Acknowledgment and Proper Use
4.1 Acknowledgment of Risks
You understand that a Product may involve exposed flame, heat, propane, combustible gas, ignition sources, and risks of burns, fire, explosion, personal injury, death, and damage to real or personal property. Those risks can arise from improper handling, storage, transport, assembly, fuel connection, operation, maintenance, modification, environmental conditions, the conduct of the user or others, or other foreseeable circumstances.
4.2 Required Conduct
Before using a Product, you must read and follow all instructions, warnings, labels, and safety information supplied by The Burn Co. You must use the Product lawfully and responsibly, take reasonable precautions for people and property, and stop use if you reasonably suspect damage, malfunction, unsafe condition, or unauthorized alteration.
4.3 Prohibited Conduct
You must not, and must not permit another person to:
use a Product contrary to law, supplied instructions, warnings, or safety information;
use a Product as a weapon, for self-defense, for tactical purposes, or to threaten, harass, or endanger any person or property;
allow a person who is underage, impaired, untrained, or otherwise legally prohibited from handling the Product to possess or use it;
alter, disassemble, bypass, defeat, or modify a safety-related component, fuel connection, ignition component, or other part of the Product except as expressly authorized in our current written instructions;
use an unapproved fuel source, component, adapter, accessory, or substitute part, or use a Product after a damaged, altered, or nonconforming component is identified; or
sell, rent, loan, transfer, or otherwise provide a Product to another person in violation of law or these Terms.
Nothing in this Section reduces our responsibilities, if any, for a defective Product or for obligations that cannot legally be disclaimed.
5. Unauthorized Modifications, Compatibility, and Service
Only use fuel, components, adapters, accessories, and service procedures that The Burn Co. expressly identifies as compatible in current written instructions. Unauthorized modification, disassembly, repair, substitution, or misuse can create serious safety risks and may affect eligibility for a voluntary return, repair, or warranty remedy to the extent the condition caused the claimed issue or applicable law otherwise permits.
6. Orders, Pricing, Payment, and Acceptance
6.1 Your Order Is an Offer; Our Acceptance
Your submission of an order is an offer to buy the Product(s) identified in that order. An automated order-receipt email confirms only that we received your order; it does not mean we accepted it. We accept an order when we send a shipping confirmation or another clear acceptance notice. We may decline, limit, or cancel an order before acceptance for lawful reasons, including inventory limits, suspected fraud, payment authorization failure, pricing or listing error, safety concerns, legal restrictions, shipping limitations, or a violation of these Terms. If we cancel an order after payment has been captured, we will refund the amount paid for the canceled item(s) as required by law.
If, after acceptance, we reasonably determine that fulfillment would be unlawful, unsafe, or materially impossible, or is prohibited by a governmental order, we may cancel the affected order subject to applicable law and refund obligations.
6.2 Pricing and Taxes
Prices are shown in U.S. dollars unless we clearly state otherwise. We may change prices prospectively before an order is submitted. If a material pricing, listing, or availability error occurs, we may correct it and cancel the affected order before acceptance, with a prompt refund of any amount paid for that canceled order. You are responsible for sales, use, and similar taxes where applicable; we may collect those amounts when required or permitted by law.
6.3 Payment Authorization
You authorize us and our payment-service providers to charge the payment method you provide for the amounts shown at checkout, including applicable taxes and shipping charges. Available payment methods are those displayed at checkout. We may use third-party payment providers, and their separate terms and privacy notices may apply to your transaction.
6.4 Payment Disputes and Fraud Review
If a payment is declined, reversed, disputed, or reasonably suspected to be unauthorized or fraudulent, we may pause fulfillment, investigate the matter, cancel an unaccepted order, or decline future transactions to the extent permitted by law. Nothing in these Terms limits your good-faith rights under applicable law or the rules of your payment provider.
7. Free Early-Access Waitlist
When a Product is sold out, you may be able to join a free early-access waitlist. Joining the waitlist is not a purchase, reservation, deposit, contract to sell, allocation of inventory, or promise of price, availability, priority, or delivery date. We may contact waitlist participants about potential availability, but we may change, limit, suspend, or end the waitlist at any time. Marketing-consent and privacy rights relating to waitlist communications are governed by our Privacy Policy and applicable law.
The Burn Co. does not currently accept paid preorders, partial-payment preorders, or nonrefundable deposits through the waitlist.
8. Shipping, Delivery, Availability, and Delays
8.1 Shipping Information
You must provide accurate, complete shipping and contact information. We may use a carrier of our choice unless we expressly agree otherwise. Shipping and delivery estimates are estimates, not guarantees, unless we expressly state a guarantee in writing.
8.2 Delayed or Unavailable Orders
We will handle shipping delays, backorders, cancellations, and refunds as required by applicable law. If we cannot ship within a stated or legally required time, we will provide any delay notice, cancellation option, or refund required by law.
8.3 Delivery and Risk of Loss
To the extent permitted by applicable law, title to a Product passes after full payment, and risk of loss passes when the carrier confirms delivery to the shipping address you provided. This Section does not limit any remedy available for a Product that is defective, nonconforming, or not delivered as required by law.
9. Returns, Refunds, and Cancellations
Returns, refunds, exchanges, and cancellation rights are governed by our current Return/Refund Policy, available at https://theburnco.net/policies/refund-policy, and by applicable law. You must follow reasonable return instructions we provide. The Return/Refund Policy does not limit any applicable written-warranty remedy or statutory right that cannot legally be limited.
10. Written Warranty and Disclaimer of Other Warranties
10.1 Separate Written Warranty
If a Product is accompanied by a separate written limited warranty, that warranty governs its stated coverage, duration, exclusions, claim procedure, and remedies.
10.2 Disclaimer; Statutory Savings
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR ANY EXPRESS WRITTEN WARRANTY PROVIDED WITH A PRODUCT, THE BURN CO. DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Some laws do not allow the exclusion or limitation of certain implied warranties or remedies. If an implied warranty cannot legally be disclaimed or limited, it applies only to the minimum extent and duration permitted by law. Nothing in these Terms disclaims or limits a written warranty, an implied warranty, or a remedy to the extent the Magnuson-Moss Warranty Act or other applicable law prohibits that result.
11. Intellectual Property
The Service, Product designs, product names, logos, photographs, videos, text, graphics, artwork, and other content are owned by or licensed to The Burn Co. and are protected by applicable intellectual-property laws. Subject to these Terms, we grant you a limited, personal, nonexclusive, nontransferable, revocable license to use the Service for its intended consumer purpose. Except where law permits, you may not copy, reproduce, distribute, modify, reverse engineer, create derivative works from, exploit, or use our intellectual property without prior written permission. No purchase transfers any intellectual-property right in a Product design or content.
12. Feedback
If you voluntarily provide comments, suggestions, ideas, or other feedback about the Service or Products, you grant The Burn Co. a nonexclusive, worldwide, perpetual, irrevocable, royalty-free right to use, reproduce, modify, and otherwise exploit that feedback for any lawful business purpose without compensation to you. Do not provide feedback that includes confidential information you do not have authority to share.
13. Privacy
Our collection, use, and disclosure of personal information are governed by our Privacy Policy, available at https://theburnco.net/policies/privacy-policy. The Privacy Policy is incorporated into these Terms only to the extent it applies to your use of the Service or a purchase. If there is a conflict between a privacy right required by applicable law and these Terms, the applicable law controls.
14. Third-Party Services and Website Availability
The Service may rely on third-party platforms, payment providers, carriers, social-media services, or links to third-party websites. We do not control and are not responsible for third-party services, content, availability, policies, or acts or omissions. Your use of a third-party service is governed by that provider's terms and privacy practices.
We may modify, suspend, or discontinue any part of the Service for operational, security, legal, or business reasons. We will not be liable for a temporary interruption except to the extent applicable law requires otherwise.
15. Assumption of Inherent Risks
You knowingly acknowledge the inherent and foreseeable risks described in Section 4 and accept responsibility for your own lawful handling, storage, transport, and use of a Product and for the conduct of persons to whom you provide access. To the fullest extent permitted by law, you assume risks arising from your own breach of these Terms, failure to follow supplied instructions or warnings, unlawful conduct, unauthorized modification, use of unapproved components or fuel, or the conduct of another user.
This acknowledgment is not a release of claims arising from an alleged defective design, defective manufacture, inadequate warning, gross negligence, willful misconduct, fraud, or any liability that applicable law does not permit to be released or limited.
16. Limited Indemnification for Customer-Caused Third-Party Claims
To the fullest extent permitted by applicable law, you will defend, indemnify, and hold harmless The Burn Co. and its members, managers, employees, contractors, agents, successors, and assigns from third-party claims, damages, liabilities, losses, and reasonable expenses (including reasonable attorneys' fees) to the extent directly arising from your breach of these Terms, unlawful conduct, unauthorized modification, use of unapproved fuel or components, failure to follow supplied instructions or warnings, or other misuse of a Product by you or a person to whom you gave access.
This obligation does not apply to the extent a claim arises from a Product defect, our negligence, our gross negligence, our willful misconduct, or any matter for which indemnification is prohibited by law. We will give you reasonable notice of a claim and may control the defense, subject to your right to participate with counsel at your expense.
17. Limitation of Liability
17.1 Excluded Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, THE BURN CO. WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SERVICE, A PRODUCT, OR THESE TERMS, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF USE, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
17.2 Liability Cap for Permitted Claims
TO THE FULLEST EXTENT PERMITTED BY LAW, THE BURN CO.'S AGGREGATE LIABILITY FOR CLAIMS SUBJECT TO THIS SECTION WILL NOT EXCEED THE AMOUNT YOU PAID TO THE BURN CO. FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
17.3 Claims Not Limited
Sections 17.1 and 17.2 do not limit liability to the extent limitation is prohibited by law, including liability for fraud, willful misconduct, gross negligence, or a claim for personal injury, death, or property damage to the extent caused by a defective Product or by conduct for which liability cannot legally be limited. They also do not limit a written warranty or statutory remedy to the extent applicable law prohibits the limitation.
18. Dispute Resolution: Informal Resolution, Individual Arbitration, and Class-Action Waiver
18.1 Scope and Mutual Agreement to Arbitrate
Except for the limited exceptions in this Section 18, you and The Burn Co. agree that any past, present, or future dispute, claim, or controversy arising out of or relating to the Service, Products, an order, payment, shipping, marketing, a warranty, a return, these Terms, the Privacy Policy, or the formation, enforceability, interpretation, performance, or breach of any of them (each, a “Claim”) will be resolved by binding individual arbitration, not in court. This includes Claims based on contract, tort, statute, regulation, common law, or equity, including product-related and personal-injury Claims, to the fullest extent arbitration is legally permitted.
This Section extends to Claims involving our affiliates, members, managers, employees, contractors, agents, successors, and assigns when they arise from or relate to a Claim against or involving The Burn Co.
18.2 Informal Notice and Good-Faith Resolution
Before either party begins arbitration or, where permitted, a court action, the party asserting a Claim must first send the other a written Notice of Dispute and allow 60 days for good-faith informal resolution.
For a customer, a Notice of Dispute must be sent by email to theburnco.na@gmail.com with the subject line “Notice of Dispute.” It must include the customer's name, contact information, order number if available, a description of the Claim, the requested relief, and any supporting information reasonably necessary to evaluate the Claim.
The Burn Co. will send its Notice of Dispute to the email address associated with the relevant order or account. The parties agree to communicate in good faith during the 60-day period. To the extent permitted by law, the parties agree that any applicable limitations period or filing deadline will be tolled while they complete this process.
18.3 Arbitration Administrator and Governing Rules
Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, if applicable, its Mass Arbitration Supplementary Rules, in each case as in effect when arbitration is filed, except where these Terms provide a more consumer-protective procedure or applicable law requires otherwise. AAA rules, forms, and fee information are available at www.adr.org or by contacting AAA.
If AAA is unavailable or unwilling to administer an arbitration under this Section, the parties will select a neutral administrator that applies materially comparable consumer-arbitration procedures. If they cannot agree, a court of competent jurisdiction may appoint an administrator or arbitrator as permitted by law.
18.4 Procedure, Location, and Fees
The arbitration will be conducted by a single neutral arbitrator selected under AAA procedures. Any in-person hearing will be held at a location reasonably convenient to you, unless the parties agree otherwise or AAA rules provide a different lawful procedure. Hearings may be conducted remotely where permitted by AAA rules and applicable law.
The parties will pay filing, administration, arbitrator, and other arbitration fees as required by the applicable AAA consumer rules and applicable law. The Burn Co. will pay fees it is required to pay under those rules or law. Each party will bear its own attorneys' fees and costs unless the arbitrator awards them under applicable law. The arbitrator may award any individual relief that a court of competent jurisdiction could award under applicable law.
18.5 Authority of the Arbitrator
Except as stated in Sections 18.6 and 18.11, the arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any allegation that all or part of it is void or voidable. The arbitrator may consider dispositive motions and will issue a reasoned written decision upon request by either party. Judgment on an arbitration award may be entered in any court with jurisdiction.
18.6 Individual Proceedings; Class, Collective, and Representative Action Waiver
YOU AND THE BURN CO. MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS, PRESIDE OVER A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, OR AWARD RELIEF TO ANYONE OTHER THAN THE INDIVIDUAL PARTY SEEKING RELIEF.
Nothing in this Section prevents either party from seeking relief that applicable law does not permit the parties to waive, including public injunctive relief where and to the extent a valid waiver of that remedy is prohibited by law.
18.7 Mass Arbitration
If 25 or more substantially similar arbitration demands are filed against The Burn Co. by or with the assistance of the same law firm, group of law firms, or coordinated counsel, AAA's then-current Mass Arbitration Supplementary Rules and fee schedule will apply to the extent AAA determines they apply. This Section does not authorize class, collective, consolidated, or representative arbitration.
18.8 Small-Claims Court and Other Nonwaivable Exceptions
Either party may bring an individual Claim in small-claims court if the Claim qualifies and the court has jurisdiction. Nothing in these Terms prevents a party from seeking temporary or preliminary equitable relief in a court of competent jurisdiction to protect that party's intellectual-property rights, prevent imminent misuse of a Product, or preserve the status quo pending arbitration, where such relief is otherwise available.
18.9 No Retaliation for Good-Faith Claims
The Burn Co. will not retaliate against you for asserting a good-faith Claim, seeking a legally available remedy, or opting out of arbitration. We may still take reasonable action for fraud, abuse, safety concerns, or violation of these Terms where permitted by law.
18.10 Right to Opt Out of Arbitration
You may opt out of this arbitration agreement without affecting your purchase or any other part of these Terms. To opt out, send an email to theburnco.na@gmail.com with the subject line “Arbitration Opt-Out” within 30 days after you first accept these Terms in connection with an order. Include your full name, the email address used for the order, the order number if available, and a clear statement that you are opting out of Section 18. Only the person who accepted these Terms may opt out on that person's own behalf.
If you opt out timely, Sections 18.1 through 18.8 will not apply to your Claims, but the rest of these Terms will remain in effect. A late, incomplete, or ineffective opt-out will not affect the arbitration agreement to the extent permitted by law.
18.11 Severability
If any part of this Section 18 is found unenforceable, that part will be severed and the remaining provisions will be enforced to the maximum extent permitted by law. If the class, collective, or representative waiver in Section 18.6 is found unenforceable as to a particular Claim or remedy, only that Claim or remedy may proceed in a court of competent jurisdiction to the extent required by law; all other arbitrable Claims will remain subject to individual arbitration. If applicable law requires that a nonwaivable Claim cannot be severed from the arbitration agreement, the arbitration agreement will not apply to that Claim to the required extent.
19. Governing Law and Forum for Nonarbitrable Claims
Except to the extent federal law governs or the law of your state provides a nonwaivable protection, these Terms and any nonarbitrable Claim will be governed by Nevada law, without regard to conflict-of-law rules that would apply another jurisdiction's law. Where Section 18 does not require arbitration, the parties consent to jurisdiction in state or federal courts sitting in Nevada, except where applicable law gives a consumer a nonwaivable right to sue elsewhere or makes this forum-selection provision unenforceable as to a particular Claim.
20. Changes to These Terms
We may update these Terms prospectively by posting a revised version and updating the “Last Updated” date. A material change will not retroactively alter the Terms that governed a completed order or a Claim already subject to a Notice of Dispute unless you separately agree to the revised terms. For a future purchase, we may require affirmative acceptance of the then-current Terms. Material changes to Section 18 will apply only as permitted by law and will not affect a timely arbitration opt-out already submitted for the relevant purchase.
21. Electronic Communications and Notices
You agree that we may send ordinary transaction, customer-service, and legal communications relating to these Terms electronically to the email address you provide, unless applicable law requires another method. You are responsible for keeping your email address current.
Email to theburnco.na@gmail.com is appropriate for customer support and the Notices of Dispute described in Section 18. It is not a designated method for formal service of process. Any service of process or statutory notice must be made by the method applicable law requires.
22. General Terms
22.1 Entire Agreement
These Terms, the applicable order details, and any policies or written warranty expressly incorporated by reference form the entire agreement between you and The Burn Co. concerning the relevant Service or Product, except that a separate written warranty controls to the extent it expressly says it controls.
22.2 Severability
Except as specifically provided in Section 18.11, if any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect to the maximum extent permitted by law.
22.3 No Waiver
Our failure to enforce a provision is not a waiver of that provision or any other provision. A waiver must be in writing and signed by an authorized representative of The Burn Co.
22.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, sale of assets, or other transfer of all or part of our business, subject to applicable law.
22.5 Force Majeure
The Burn Co. is not responsible for a delay or failure caused by events beyond its reasonable control, including carrier disruption, supply interruption, natural disaster, fire, governmental action, labor dispute, communication failure, or other force-majeure event. This Section does not limit any shipping-delay notice, cancellation, refund, or other obligation that applicable law requires.
22.6 Survival
Sections that by their nature should survive termination or completion of an order—including Sections 11 through 19 and 22—will survive to the extent permitted by law.
23. Contact Us
For customer-service questions, contact The Burn Co. at:
Email: theburnco.na@gmail.com