Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the BUFFALO ARCHITECTURE FOUNDATION, INC. web site located at BUFFALOARCHITECTURE.ORG, and all associated sites linked to BUFFALOARCHITECTURE.ORG by BUFFALO ARCHITECTURE FOUNDATION, INC. (collectively, the “Site”). The Site is the property of BUFFALO ARCHITECTURE FOUNDATION, INC. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE DO NOT USE THE SITE.
BUFFALO ARCHITECTURE FOUNDATION, INC. reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, BUFFALO ARCHITECTURE FOUNDATION, INC. grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to BUFFALO ARCHITECTURE FOUNDATION, INC., and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without BUFFALO ARCHITECTURE FOUNDATION, INC.’s express prior written consent.
You may use information on BUFFALO ARCHITECTURE FOUNDATION, INC. products and services purposely made available by BUFFALO ARCHITECTURE FOUNDATION, INC. for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. BUFFALO ARCHITECTURE FOUNDATION, INC. reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any BUFFALO ARCHITECTURE FOUNDATION, INC. server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other client of BUFFALO ARCHITECTURE FOUNDATION, INC., including any BUFFALO ARCHITECTURE FOUNDATION, INC. account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or BUFFALO ARCHITECTURE FOUNDATION, INC.’s systems or networks, or any systems or networks connected to the Site or to BUFFALO ARCHITECTURE FOUNDATION, INC.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to BUFFALO ARCHITECTURE FOUNDATION, INC. on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of BUFFALO ARCHITECTURE FOUNDATION, INC. or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify BUFFALO ARCHITECTURE FOUNDATION, INC. immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by BUFFALO ARCHITECTURE FOUNDATION, INC. or any other user of or visitor to the Site due to someone else using your ID, password or account.
You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. BUFFALO ARCHITECTURE FOUNDATION, INC. cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
BUFFALO ARCHITECTURE FOUNDATION, INC.’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view BUFFALO ARCHITECTURE FOUNDATION, INC.’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites and to BUFFALO ARCHITECTURE FOUNDATION, INC.
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under BUFFALO ARCHITECTURE FOUNDATION, INC.’s control, and BUFFALO ARCHITECTURE FOUNDATION, INC. is not responsible for and makes no warrant, endorsement, nor recommendation to any of the content, media, opinions or information expressed on these Linked Sites.
IN NO EVENT SHALL BUFFALO ARCHITECTURE FOUNDATION, INC., ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY, THE “BUFFALO ARCHITECTURE FOUNDATION, INC. ENTITIES” AND EACH, A “BUFFALO ARCHITECTURE FOUNDATION, INC. ENTITY”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE BUFFALO ARCHITECTURE FOUNDATION, INC. ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH BUFFALO ARCHITECTURE FOUNDATION, INC.’S SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES.
Disclaimers
BUFFALO ARCHITECTURE FOUNDATION, INC. DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BUFFALO ARCHITECTURE FOUNDATION, INC. CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BUFFALO ARCHITECTURE FOUNDATION, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUFFALO ARCHITECTURE FOUNDATION, INC. DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY BUFFALO ARCHITECTURE FOUNDATION, INC. SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BUFFALO ARCHITECTURE FOUNDATION, INC. FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
BUFFALO ARCHITECTURE FOUNDATION, INC. reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will BUFFALO ARCHITECTURE FOUNDATION, INC. be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if BUFFALO ARCHITECTURE FOUNDATION, INC. has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, BUFFALO ARCHITECTURE FOUNDATION, INC. is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, BUFFALO ARCHITECTURE FOUNDATION, INC.’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against BUFFALO ARCHITECTURE FOUNDATION, INC. or (2) Total amount paid to BUFFALO ARCHITECTURE FOUNDATION, INC. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold BUFFALO ARCHITECTURE FOUNDATION, INC., its officers, employees, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against BUFFALO ARCHITECTURE FOUNDATION, INC. by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
BUFFALO ARCHITECTURE FOUNDATION, INC. may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) BUFFALO ARCHITECTURE FOUNDATION, INC.’s rights or property, or the rights or property of visitors to or users of the Site, including BUFFALO ARCHITECTURE FOUNDATION, INC.’s clients. BUFFALO ARCHITECTURE FOUNDATION, INC. reserves the right at all times to disclose any information that BUFFALO ARCHITECTURE FOUNDATION, INC. deems necessary to comply with any applicable law, regulation, legal process or governmental request. BUFFALO ARCHITECTURE FOUNDATION, INC. also may disclose your information when BUFFALO ARCHITECTURE FOUNDATION, INC. determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
