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Terms of Service

Last updated June 29, 2026

These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and HockeyStack, Inc., doing business as Bourne (“Bourne,” “we,” “us,” or “our”), concerning your access to and use of https://www.usebourne.com, any related media form, media channel, mobile website, mobile application, and any Bourne services made available through them (collectively, the “Site”). We are registered in Delaware, United States, with a registered office at 651 N Broad St, Suite 206, Middletown, Delaware 19709. Our EIN is 35-2733973.

By accessing the Site, you represent that you have read, understood, and agree to be bound by these Terms. If you do not agree with all of these Terms, you are prohibited from using the Site and must discontinue use immediately. If a separate written agreement or order form governs your access to a Bourne product or service, that agreement controls to the extent it conflicts with these Terms.

Supplemental terms, policies, or documents that may be posted on the Site from time to time are incorporated by reference. We may change these Terms from time to time by updating the “Last updated” date above. Your continued use of the Site after revised Terms are posted means you accept the changes.

The Site is intended for users who are at least 18 years old. The Site is not tailored to comply with industry-specific regulations such as HIPAA, FISMA, or GLBA, so you may not use the Site in a way that would subject us to those laws unless we have separately agreed to do so in writing.

1. Intellectual Property Rights

Unless otherwise indicated, the Site, including its source code, databases, functionality, software, designs, text, photographs, graphics, trademarks, service marks, and logos (collectively, the “Content” and “Marks”), is owned or controlled by us or licensed to us and is protected by intellectual property and unfair competition laws. The Content and Marks are provided on an as-is basis for your information and personal, non-commercial use only.

Provided that you are eligible to use the Site, we grant you a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. Except as expressly permitted in these Terms, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for a commercial purpose without our prior written permission.

2. User Representations

By using the Site, you represent and warrant that: all registration or form information you submit is true, accurate, current, and complete; you will maintain and promptly update that information as needed; you have the legal capacity to agree to these Terms; you are not a minor in your jurisdiction; you will not access the Site through automated or non-human means except as allowed by us; you will not use the Site for an illegal or unauthorized purpose; and your use of the Site will not violate any applicable law or regulation.

If you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account or refuse current or future use of the Site.

3. User Registration

You may be required to register for certain parts of the Site or our services. You agree to keep your password confidential and are responsible for all use of your account and password. We may remove, reclaim, or change a username if we determine, in our discretion, that it is inappropriate, obscene, or otherwise objectionable.

4. Fees and Payment

You may be required to purchase or pay a fee to access some Bourne services. You agree to provide current, complete, and accurate purchase and account information for all purchases and to promptly update payment information so we can complete transactions and contact you as needed. Unless a separate order form states otherwise, payments are due in U.S. dollars, sales tax may be added where required, and we may change prices at any time.

If your purchase is subject to recurring charges, you authorize us or our payment processor to charge your payment method on a recurring basis until you cancel or the subscription ends. We reserve the right to correct pricing errors and to refuse any order placed through the Site.

5. Cancellation

Unless a separate written agreement says otherwise, you may cancel a subscription according to the cancellation controls made available in your account or by contacting us. Cancellation takes effect at the end of the current paid term. If you are unsatisfied with our services, please contact us through our contact page.

6. Prohibited Activities

You may not access or use the Site for any purpose other than the purpose for which we make it available. The Site may not be used for commercial endeavors except those specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • Use the Site in a manner inconsistent with applicable laws or regulations.
  • Disparage, tarnish, or otherwise harm us, in our opinion, or the Site.
  • Copy or adapt the Site's software, including HTML, CSS, JavaScript, or other code.
  • Harass, annoy, intimidate, or threaten our employees, contractors, or agents.
  • Delete copyright or other proprietary rights notices from any Content.
  • Attempt to bypass measures designed to prevent or restrict access to the Site.
  • Decipher, decompile, disassemble, or reverse engineer software making up part of the Site.
  • Use the Site or Content to compete with us or for an unauthorized revenue-generating endeavor.
  • Use information obtained from the Site to harass, abuse, or harm another person.
  • Sell or otherwise transfer your profile or account.
  • Interfere with, disrupt, or create an undue burden on the Site or related networks.
  • Use data mining, robots, scraping, or similar data gathering and extraction tools.
  • Misuse support services or submit false reports of abuse or misconduct.
  • Trick, defraud, or mislead us or other users, including attempts to learn sensitive account information.
  • Frame or link to the Site in an unauthorized way.
  • Circumvent, disable, or interfere with security-related features of the Site.
  • Collect usernames or email addresses for unsolicited email or create accounts by automated means or false pretenses.
  • Systematically retrieve Site data or content to create a collection, database, or directory without written permission.
  • Use, launch, develop, or distribute an automated system that accesses the Site, except for standard search-engine or browser usage.

7. User Generated Contributions

The Site does not offer public posting features, but you may be able to create, submit, post, display, transmit, or otherwise provide text, comments, suggestions, form responses, personal information, files, or other material to us or through the Site (collectively, “Contributions”). Contributions may be handled in accordance with our Privacy Policy. When you provide Contributions, you represent and warrant that:

  • Your Contributions do not infringe any copyright, patent, trademark, trade secret, moral right, privacy right, publicity right, or other right of any third party.
  • You own or have the rights, licenses, consents, releases, and permissions needed to provide your Contributions and allow us to use them as contemplated by the Site and these Terms.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited advertising, promotional materials, spam, pyramid schemes, chain letters, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, violent, harassing, libelous, slanderous, or otherwise objectionable as determined by us.
  • Your Contributions do not ridicule, mock, disparage, intimidate, abuse, harass, or threaten anyone.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not include material intended to exploit or harm minors.
  • Your Contributions do not otherwise violate these Terms or link to material that violates these Terms.

Any use of the Site in violation of the foregoing may result in termination or suspension of your rights to use the Site.

8. Contribution License and Submissions

You and Bourne agree that we may access, store, process, and use information and personal data that you provide according to our Privacy Policy and your choices. We do not assert ownership over your Contributions. You retain any ownership rights you have in your Contributions, and you are solely responsible for them.

By submitting questions, comments, suggestions, ideas, feedback, or other information regarding the Site or our services (“Submissions”), you agree that those Submissions are non-confidential and may be used and shared by us for any lawful purpose without acknowledgment or compensation to you. You waive moral rights in those Submissions to the extent permitted by law and represent that you have the right to submit them.

9. Third-Party Websites and Content

The Site may contain links to third-party websites and third-party content. We do not investigate, monitor, or check third-party websites or content for accuracy, appropriateness, or completeness, and we are not responsible for them. Inclusion of or linking to third-party websites or content does not imply approval or endorsement by us. If you leave the Site or use third-party content, you do so at your own risk and should review the applicable terms and privacy policies.

10. U.S. Government Rights

Our services are commercial items as defined in Federal Acquisition Regulation (“FAR”) 2.101. If acquired by or on behalf of a U.S. government agency, our services are subject to these Terms in accordance with FAR 12.212 and 12.211 and, for Department of Defense acquisitions, Defense Federal Acquisition Regulation Supplement (“DFARS”) 227.7202-3 and DFARS 252.227-7015 as applicable. This clause supersedes any other FAR, DFARS, or similar provision addressing government rights in computer software or technical data under these Terms.

11. Site Management

We reserve the right, but not the obligation, to monitor the Site for violations of these Terms; take appropriate legal action against anyone who violates the law or these Terms; refuse, restrict access to, limit the availability of, or disable Contributions; remove or disable files and content that are excessive in size or burdensome to our systems; and otherwise manage the Site to protect our rights and property and facilitate proper operation.

12. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy, which is incorporated into these Terms. We are based in the United States, and our service providers may process information in the United States and other countries as described in the Privacy Policy.

13. Term and Termination

These Terms remain in full force while you use the Site. Without limiting any other provision of these Terms, we may, in our sole discretion and without notice or liability, deny access to and use of the Site, including by blocking certain IP addresses, to any person for any reason or no reason, including for breach of any representation, warranty, covenant, law, or regulation. We may terminate your use of the Site or delete your account and any content or information you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from creating a new account under your name, a fake or borrowed name, or the name of any third party, even if acting on behalf of that third party. We also reserve the right to pursue civil, criminal, or injunctive relief.

14. Modifications and Interruptions

We may change, modify, remove, suspend, discontinue, or otherwise update all or part of the Site at any time or for any reason without notice. We have no obligation to update information on the Site and will not be liable for any modification, price change, suspension, or discontinuance.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or perform maintenance that results in interruptions, delays, or errors. Nothing in these Terms obligates us to maintain or support the Site or provide corrections, updates, or releases.

15. Governing Law

These Terms are governed by the laws of the United States and, where applicable, the State of Delaware, without regard to conflict-of-law rules. You and HockeyStack, Inc. consent to jurisdiction in the United States for disputes arising in connection with these Terms, subject to the arbitration provisions below.

16. Dispute Resolution

Informal negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each, a “Dispute”), the parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Informal negotiations begin upon written notice from one party to the other.

Binding arbitration

Any Dispute arising out of or in connection with these Terms, including any question regarding existence, validity, or termination, will be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber according to its rules. The number of arbitrators will be one (1). The seat, or legal place, of arbitration will be Delaware, United States. The language of the proceedings will be English, and the governing law will be the substantive law of the United States.

Restrictions

Any arbitration will be limited to the Dispute between the parties individually. To the fullest extent permitted by law, no arbitration may be joined with another proceeding, no Dispute may be arbitrated on a class-action basis, and no Dispute may be brought in a representative capacity on behalf of the general public or other persons.

Exceptions

Disputes seeking to enforce or protect intellectual property rights, Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use, and claims for injunctive relief are not subject to the informal negotiation and arbitration provisions above. If any part of this provision is found illegal or unenforceable, the affected Dispute will be decided by a court of competent jurisdiction, and the parties submit to personal jurisdiction in that court.

17. Corrections

The Site may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information on the Site at any time without prior notice.

18. Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE OF IT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITE LINKED TO THE SITE.

WE WILL NOT BE LIABLE FOR ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; INTERRUPTIONS OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; BUGS, VIRUSES, OR SIMILAR MATERIALS TRANSMITTED BY A THIRD PARTY; OR LOSS OR DAMAGE INCURRED FROM USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING.

19. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE AND REGARDLESS OF THE FORM OF ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTHS BEFORE THE CAUSE OF ACTION AROSE. SOME LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.

20. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, employees, and contractors, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your use of the Site, breach of these Terms, breach of your representations and warranties, violation of a third party's rights, or harmful act toward another user connected via the Site.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of those claims. We will use reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification after becoming aware of it.

21. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the Site and data relating to your use of the Site. Although we may perform routine backups, you are solely responsible for all data that you transmit or that relates to activity you undertake using the Site. You agree that we have no liability for any loss or corruption of such data, and you waive any right of action against us arising from that loss or corruption.

22. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide electronically, by email, or on the Site satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, records, notices, policies, and transaction records initiated or completed by us or through the Site.

23. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

24. Miscellaneous

Unless otherwise agreed in writing, if you are a Bourne customer, you grant us the right to identify you as a Bourne customer and to use your name, mark, or logo on our website or in marketing materials in connection with your use of the service.

These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us regarding the Site. Our failure to exercise or enforce any right or provision does not operate as a waiver. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations at any time. We are not responsible for loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision is unlawful, void, or unenforceable, that provision or part is deemed severable and does not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us by these Terms or use of the Site. You waive any defenses based on the electronic form of these Terms and the lack of signing by the parties.

25. Contact Us

To resolve a complaint about the Site or receive further information about use of the Site, contact us through our contact page or at [email protected].