Buffalo SOLUTIONS Group/ BUFFALO-
WEB SITE USE AGREEMENT FOR BUFFALO SOLUTIONS GROUP/BUFFALO-
THIS
VERSION IN EFFECT AS OF JULY 25, 2009.
THIS AGREEMENT GOVERNS YOUR USE OF THE BUFFALO
SOLUTIONS GROUP/BUFFALO-
EACH TIME YOU USE THE WEB SITE, THIS AGREEMENT AS IT THEN READS
WILL GOVERN YOUR USE. ACCORDINGLY, WHEN YOU USE THE WEB SITE YOU SHOULD CHECK THE
DATE OF THIS AGREEMENT (WHICH APPEARS AT THE TOP OF THIS AGREEMENT) AND REVIEW ANY
CHANGES SINCE THE LAST VERSION.
This Agreement contains the following provisions:
1.
Your Acceptance of this Agreement
2. Scope of this Agreement
3. Changes to this
Agreement
4. Permission to Use the Web Site
5. Web Site Communications and Orders
6.
Errors
7. No Advice
8. Disclaimer, Liability Exclusion, Liability Limitation, Release
and Indemnity
9. Ownership and Permitted Uses of the Web Site
10. Trademark Information
11.
Personal Information Privacy
12. Other Sites
13. Linking, Framing, Mirroring, Scraping
and Data-
14. Termination of this Agreement and the Web Site
15.
Governing Law and Dispute Resolution
16. Other Matters
This is an Agreement between you and all persons you represent (and for
purposes of this Agreement, "person" includes natural persons and any type of incorporated
or unincorporated entity) and Buffalo SOLUTIONS Group, LLC ("BSG"), and governs your
use of the Buffalo-
Each time you use the Web Site
you signify your acceptance and agreement, and the acceptance and agreement of all
persons you represent, without limitation or qualification, to be bound by this Agreement,
and you represent and warrant that you have the legal authority to agree to and accept
this Agreement on behalf of yourself and all persons you represent. If you do not
agree with each provision of this Agreement, or you are not authorized to agree to
and accept this Agreement, you may not use the Web Site.
2. SCOPE OF THIS AGREEMENT
This
Agreement is in addition to and supplements any written agreements that you or any
persons you represent have with BSG or Affiliates and Providers (now or in the future)
concerning your dealings with BSG or Affiliates and Providers generally.
This Agreement
and all other agreements that you or any persons you represent have with BSG or Affiliates
and Providers (now or in the future) together constitute the entire agreement regarding
your access to and use of the Web Site, and supersede all previous agreements (written,
oral or otherwise) regarding your access to and use of the Web Site. In the event
of any inconsistency or conflict between the provisions of this Agreement and the
provisions of any other agreement that you or any persons you represent have with
BSG or Affiliates and Providers (now or in the future), the provisions of this Agreement
shall govern regarding your access to and use of the Web Site.
3. CHANGES TO THIS
AGREEMENT
BSG may, in its discretion, change, supplement or amend this Agreement
as it relates to your future use of the Web Site from time to time, for any reason,
and without any prior notice or liability to you or any other person. You may not
change, supplement, or amend this Agreement in any manner.
4. PERMISSION TO USE THE
WEB SITE
The Web Site may be accessed and used only by individuals who have: (a)
reached the age of majority in their jurisdiction of residence and can form legally
binding contracts under applicable law; and (b) accepted this Agreement. Persons
using the Web Site must comply with all applicable laws. BSG may in its discretion
refuse permission to access and use the Web Site.
5. WEB SITE COMMUNICATIONS AND
ORDERS
The Web Site is a portal and information conduit to other web sites and businesses
operated by Affiliates and Providers. Affiliates and Providers may be independent
from BSG, their web sites may have different or inconsistent terms of use or privacy
policies, and their services may be provided under different terms and conditions.
Your dealings with Affiliates and Providers and use of their web sites are at your
own risk, and you shall not make any claim against BSG arising out of those matters.
As between you and BSG, the provisions of this Agreement under the section headed Disclaimer,
Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all
necessary modifications, to your dealings with any Affiliates and Providers and use
of their web sites.
By activating certain links, including order-
All communications you submit through the Web Site or e-
You authorize BSG and Affiliates
and Providers to: (a) accept communications that they receive from you by means of
the Web Site or e-
BSG may refuse to process any communications sent to BSG by means
of the Web Site or e-
Communications that are submitted to Mr. Brandon Murphy through the
Web site may be answered by other staff, rather than by Mr. Murphy personally.
6. ERRORS
BSG endeavors to provide accurate information through the Web Site. Nevertheless,
errors may occur. Accordingly, BSG reserves the right to change other information
available through the Web Site at any time and from time to time without any notice
or liability to you or any other person.
7. NO ADVICE
The Web Site is not intended
to be a comprehensive or detailed statement concerning the matters addressed; investment,
tax, banking, accounting, legal, or other professional or expert advice or recommendations;
or an offer or recommendation to sell or buy any stock, bond or other financial instrument
or any product or service. You should seek appropriate, qualified professional advice
and recommendations before acting or omitting to act based upon any information provided
on or though the Web Site.
8. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION,
RELEASE AND INDEMNITY
BSG and Affiliates and Providers do not accept any liability
for your use of the Web Site. For that reason, the following provisions apply to
your use of the Web Site.
DISCLAIMER
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK.
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY
REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
AND INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE,
NON-
THE
INTERNET IS NOT A SECURE MEDIUM, MAY BE SUBJECT TO INTERRUPTION AND DISRUPTION, AND
INADVERTENT OR DELIBERATE BREACHES OF SECURITY AND PRIVACY. THE OPERATION OF THE
WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND BSG'S CONTROL. THE OPERATION
OF THE WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED, SECURE OR PRIVATE.
BSG AND
THE AFFILIATES AND PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
LOSS OR DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY FAILURE OR
REFUSAL BY BSG TO GIVE EFFECT TO, OR FOR ANY FAILURE OR DELAY BY BSG IN RECEIVING,
ACCESSING, PROCESSING OR ACCEPTING, ANY COMMUNICATION SENT TO BSG BY MEANS OF THE
WEB SITE OR e-
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BSG AND THE
AFFILIATES AND PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT: (A)
THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;
(B) THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL
BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE WEB SITE WILL MEET
YOUR REQUIREMENTS; (D) THE INFORMATION CONTAINED IN THE WEB SITE OR DERIVED FROM
THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; (E) CERTAIN OR ANY
RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE; (F) THE USE OF THE WEB SITE,
INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES,
TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR (G) THE USE
OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS)
OF ANY PERSON; AND BSG AND THE AFFILIATES AND PROVIDERS DISCLAIM ANY AND ALL LIABILITY
REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
LIABILITY EXCLUSION
BSG
AND THE AFFILIATES AND PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU
OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS
(ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER
IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LAW
OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY
YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING
BY BSG OR ANY AFFILIATE OR PROVIDER OR ANY PERSON FOR WHOM BSG OR AN AFFILIATE OR
PROVIDER MAY BE RESPONSIBLE, AND NOTWITHSTANDING THAT BSG OR ANY AFFILIATE OR PROVIDER
MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY
YOU OR ANY OTHER PERSON.
The exclusion of certain warranties and the exclusion of
certain liabilities are prohibited by legislation in some jurisdictions. Such legislative
limitations may apply to you.
LIABILITY LIMITATION
WITHOUT LIMITING THE FOREGOING,
IN NO EVENT WILL BSG OR ANY OF THE AFFILIATES AND PROVIDERS' TOTAL LIABILITY TO YOU
OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES,
LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER
ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT
OR WRONGDOING BY BSG OR ANY AFFILIATE OR PROVIDER OR ANY PERSON FOR WHOM BSG OR ANY
AFFILIATE OR PROVIDER IS RESPONSIBLE, EXCEED $100 (US) OR THE AMOUNT YOU PAID TO
BSG FOR THE USE OF THE WEB SITE, WHICHEVER IS LESS.
The limitation of certain liabilities
is prohibited by legislation in some jurisdictions. Such legislative limitations
may apply to you.
RELEASE
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF
BSG AND THE AFFILIATES AND PROVIDERS AND ALL OF THEIR RESPECTIVE FRANCHISEES, PARTNERS,
AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS,
SUPPLIERS, SUBCONTRACTORS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED,
OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS,
CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS
OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN,
WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH
YOUR USE OF THE WEB SITE.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS
EACH OF BSG AND THE AFFILIATES AND PROVIDERS AND ALL OF THEIR RESPECTIVE FRANCHISEES,
PARTNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE
PROVIDERS, SUPPLIERS, SUBCONTRACTORS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED,
ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS
FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION
REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION
WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF
THE WEB SITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND COOPERATE AS FULLY
AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY CLAIM OR
DEMAND. ADVICE AND INFORMATION PROVIDED BY BSG OR THE AFFILIATES AND PROVIDERS OR
THEIR RESPECTIVE REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION,
WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER,
LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND
YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
FAIR ALLOCATION OF RISK AND
LIABILITY.
YOUR ACKNOWLEDGE AND AGREE THIS AGREEMENT REPRESENTS A FAIR ALLOCATION
OF RISK AND LIABILITY.
9. OWNERSHIP AND PERMITTED USES OF THE WEB SITE
Copyright
© Buffalo SOLUTIONS Group, LLC 2009. All Rights Reserved. The Web Site and all information
(in text, graphical, video and audio forms), images, icons, software, designs, applications,
calculators, models, data, and other elements available on or through the Web Site
are the property of BSG, Affiliates and Providers and others, and are protected by
United States and international copyright, trademark, and other laws. Your use of
the Web Site does not transfer to you any ownership or other rights in the Web Site
or its content.
The Web Site may only be used in the manner described expressly in
this Agreement. In particular, except as expressly stated otherwise in this Agreement,
the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted,
transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in
whole or in part, without the express prior written consent of BSG.
The Web Site
may be used only for lawful purposes. The Web Site may be accessed and used only
using commercially available, SSL-
BUFFALO
SOLUTIONS GROUP OR BUFFALO-
Any use of
the trade names, trademarks, service marks and logos (collectively "
11. PERSONAL INFORMATION PRIVACY
BSG
collects, uses and discloses information regarding your use of the Web Site and your
personal information in accordance with the Privacy Policy, which is available by
clicking here. BSG may change the Privacy Policy from time to time in its discretion
without prior notice or liability to you or any other person. By accepting this Agreement,
and each time you use the Web Site, you consent to BSG’s collection, use and disclosure
of your personal information in accordance with the Privacy Policy as it then reads
without any further notice or any liability to you or any other person.
12. OTHER
SITES
The Web Site includes links to other web sites or resources and businesses
operated by Affiliates and Providers or other persons (collectively, "Other Sites").
Other Sites are independent from BSG, may have different or inconsistent privacy
policies or terms of use, and BSG has no responsibility or liability for or control
over Other Sites, their business, goods, services, or content. Links to Other Sites
are provided solely for your convenience. BSG does not sponsor or endorse any Other
Sites or their content or the goods or services available through those Other Sites.
Your use of Other Sites and your dealings with the owners or operators of Other Sites
is at your own risk, and you shall not make any claim against BSG arising out of
your use of any Other Sites or your dealings with the owners or operators of any
Other Sites. As between you and BSG, the provisions of this Agreement under the section
headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply,
with all necessary modifications, to your access to and use of any Other Sites and
their business, goods, services, and content.
13. LINKING, FRAMING, MIRRORING, SCRAPING
AND DATA-
Links to the Web Site without the express written permission
of BSG are strictly prohibited. The framing, mirroring, scraping or data mining of
the Web Site or any of its content in any form and by any method are strictly prohibited.
14.
TERMINATION OF THIS AGREEMENT AND THE WEB SITE
If you breach any provision of this
Agreement, you may no longer use the Web Site.
BSG may, at any time and for any reason
and in its discretion: (a) change, suspend or terminate, temporarily or permanently,
the Web Site or any part of it; or (b) restrict, suspend or terminate (in whole or
in part) your permission to access or use the Web Site; all without any notice or
liability to you or any other person. If this Agreement or your permission to access
or use the Web Site is terminated by you, or by a person you represent, or by BSG,
then: (a) this Agreement and all other then existing agreements between BSG and any
persons you represent will continue to apply and be binding upon you and any persons
you represent, jointly and severally, regarding your prior access to and use of the
Web Site, and anything connected with, relating to or arising therefrom; and (b)
BSG may continue to use and disclose your personal information in accordance with
the Web Site Privacy Policy as amended from time to time.
15. GOVERNING LAW AND DISPUTE
RESOLUTION
The Web Site is controlled by BSG from Minneapolis, Minnesota, United
States of America. This Agreement, your use of the Web Site, and all related matters
are governed solely by the laws of the state of Minnesota, United States of America
and applicable federal laws of the United States of America, excluding any rules
of private international law or the conflict of laws that would lead to the application
of any other laws.
Any controversy or claim arising out of or relating to this Agreement,
or the breach thereof, shall be settled by arbitration administered by the American
Arbitration Association under its Commercial Arbitration Rules, and judgment on the
award rendered by the arbitrator may be entered in any court having jurisdiction
thereof. The arbitration will be before a single arbitrator. The place of arbitration
will be Minneapolis, Minnesota, United States of America. Notwithstanding the foregoing,
you or BSG may seek injunctive relief from an appropriate court located in Minneapolis,
Minnesota, United States of America prior to or during the arbitration.
Any claim
or cause of action you may have arising from, connected with, or relating to your
use of the Web Site, this Agreement, or any related matters must be commenced within
six (6) months after the claim or cause of action arises, after which time the claim
or cause of action is forever barred, regardless of any statute or law to the contrary.
16.
OTHER MATTERS
If any provision of this Agreement is found to be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed to be severed from
the rest of this Agreement and shall not affect the validity and enforceability of
any remaining provisions.
Notwithstanding anything herein to the contrary, the following
provisions of this Agreement, and all other provisions necessary for their interpretation
or enforcement, will survive indefinitely after the termination of this Agreement
and remain in full force and effect and be binding upon the parties as applicable:
8 (Disclaimer, Liability Exclusion, Liability Limitation, Release, and Indemnity);
9 (Ownership and Permitted Uses of the Web Site); 11 (Personal Information Privacy);
12 (Other Sites); 14 (Termination); 15 (Governing Law and Dispute Resolution); and
16 (Other Matters). The provisions of this Agreement will inure to the benefit of
and be binding upon each of BSG and Affiliates and Providers and each of their respective
successors and assigns and related persons, and you and your heirs, executors, administrators,
successors, and personal representatives, and all persons you represent and their
respective successors, assigns and related persons. You and the persons you represent
may not assign this Agreement or the rights and obligations under this Agreement
without the express prior written consent of BSG, which may be withheld in BSG’s
discretion. BSG may assign this Agreement and its rights and obligations under this
Agreement without your consent or the consent of any persons you represent.
No consent
or waiver by any party to or of any breach or default by any other party in its performance
of its obligations under this Agreement will be deemed or construed to be a consent
to or waiver of a continuing breach or default or any other breach or default of
those or any other obligations of that party. No consent or waiver will be effective
unless in writing and signed by all parties.
You and any persons you represent (on
the one hand) and BSG and Affiliates and Providers (on the other hand) are independent
contractors and no agency, partnership, joint venture, employment or franchise relationship
is intended or created by this Agreement or your use of the Web Site.
The parties
have expressly requested and required that this Agreement and all other related documents
be drawn up in the English language.
Any rights not expressly granted by this Agreement
are reserved to BSG.
This Agreement is subject to change without notice.
