195 Concourse Blvd. Ste B Santa Rosa, CA 95403
By accessing, viewing, browsing or otherwise using (all of which shall be referred to as "using" in these Terms and Conditions of Use) www.buffusa.com (the "Website"), you ("you" or the "User") agree to be bound by and comply with these Terms and Conditions of Use. Buff, Inc.("we") may at any time revise these Terms and Conditions of Use by updating this posting and may also make changes to the content or any links provided on the Website at any time. By using the Website, you agree to be bound by any such revisions and should therefore periodically review these Terms and Conditions of Use.
Limitations of Liability and Release
Your use of the Website is solely at your own risk. Neither Buff, Inc. nor any other party involved in creating, producing, or delivering the Website shall in any event be liable for any direct, incidental, economic, consequential, indirect, punitive, special or exemplary damages arising out of your use of the Website and any materials contained on or available through the Website (even if Buff, Inc. has been advised of the possibility of such damages) under contract, tort, equity, or any other theory of liability or responsibility (including, without limitation, negligence). Without limiting the generality of the foregoing, everything on the Website is provided to you "as is" without warranty of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. By using the Website, you agree to release Buff, Inc. and its affiliates and their employees, agents, and suppliers from any and all liability for injuries or damages resulting from your use of the Website.
Termination and Modifications
Buff, Inc. retains the right at any time to discontinue, modify, or temporarily or permanently terminate the Website with or without notifying you. If we discontinue, modify or terminate the site in whole or in part, we will not be liable to you or any third party for such discontinuance, modification or termination.
Viruses, Destruction of the Website
You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs intended to or which does interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment including Buff, Inc.’s systems. You also agree not to interfere with the servers or networks connected to the site or to disobey any requirements, procedures, policies or regulations of networks connected to the site. Any attempt by a user to deliberately damage the Website or to undermine the operation of any aspect or component of the Website constitutes a violation of criminal and civil laws.
Use of Content on the Website
You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used, without Buff, Inc.’s permission, except as provided for in these Terms and Conditions of Use or in any other text appearing in the Website. Buff, Inc. neither warrants nor represents that your use of materials displayed on the Website will not infringe any rights of third parties not owned by or affiliated with Buff, Inc.
Accuracy of Information
While Buff, Inc. makes reasonable efforts to include accurate and up to date information on the Website, we make no warranties or representations as to the accuracy of any information appearing on the Website. Buff, Inc. assumes no liability or responsibility for any errors or omissions in the content of the Website.
Communications to Buff, Inc.
Buff, Inc. is free to use any ideas, concepts, know-how, or techniques contained or described in any communication you send to Buff, Inc. without further compensation or payment to you and for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and creating, modifying or improving the Website.
Images on the Site
Images of people, places or any other item displayed on the Website are either Buff, Inc.’s intellectual property or are used by Buff, Inc. with the permission of third parties. The use of these images by you or anyone else authorized by you is prohibited unless specifically permitted by these Terms and Conditions of Use or elsewhere on the Website. Any unauthorized use of any image appearing on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Buff, Inc. has not reviewed any of the websites, if any, linked to the Website and is not responsible for the content of any off-site pages or links to any other sites. The inclusion of a link does not imply Buff, Inc.’s endorsement of the linked website. Viewing all other sites is done solely at your own risk. Buff, Inc. is not responsible or liable for any loss or damage incurred as a result of any dealings with any third-party website(s) or co-branded website(s). Any merchant(s) or operator(s) of a third-party website(s) or co-branded website(s), or any other person with whom you hold in any transaction(s).
Communications on Buff, Inc.’s Website
Although Buff, Inc. may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like which may appear from time to time on the Website, Buff, Inc. is under no obligation to do so and assumes no responsibility or liability arising from the content of any such communications nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such communications on the Website. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Buff, Inc. will fully cooperate with any law enforcement authorities or court order requesting or directing Buff, Inc. to disclose the identity of anyone posting any such information or materials.
Entitlement to Use
By using the Website, you represent and warrant to Buff, Inc. that you have all rights and entitlement necessary to use the Website in your country and jurisdiction, and that you are not violating any laws, policies, regulations or other restrictions of your country and jurisdiction to which you may be subject by using the Website.
Buff® and any “How to wear Buff®” icon symbols are registered trademarks of Original Buff, SA Spain. All of the trademarks, logos, and service marks (collectively referred to as the "Trademarks") displayed on the Website are registered or unregistered trademarks of Buff, Inc. or of third parties who have authorized their use by Buff, Inc.. Nothing contained on the Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Buff, Inc. or owner of the Trademarks. Your misuse of the Trademarks or any other content displayed on the Website, except as provided for in these Terms and Conditions of Use, is strictly prohibited.
All email sent to Buff, Inc should be generated by the person in whose name the e-mail account is registered. Email shall not mask the identity of the submitter by using a false name or someone else's name or account. Buff, Inc will use your email address and the content of any email only for correspondence purposes and to meet our legal and regulatory requirements with regard to customer communications.
Buff, Inc. attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of the Buff, Inc. Website are accurate, complete, reliable, current, or error-free. Most Buff® products displayed on the Buff, Inc. website are available in select retail stores in the United States. In some cases, merchandise displayed for sale via the Buff, Inc. website may not be available in retail stores. Unless otherwise stated, the prices displayed at the Buff, Inc. website are quoted in U.S. dollars.
Buff, Inc. has made every effort to display as accurately as possible the colors of our products that appear on the Buff, Inc. Website. As the actual colors you see depend on your computer monitor or mobile device, however, we cannot guarantee that your monitor or device’s display of any color will be accurate.
Governing Law and Disputes
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California. Any dispute relating in any way to your visit to the Buff, Inc. Website or to products you purchase through Buff, Inc. shall be submitted to confidential arbitration in United States of America, except that, to the extent you have in any manner violated or threatened to violate Buff, Inc.’s intellectual property rights, Buff, Inc. may seek injunctive or other appropriate relief in any state or federal court in the State of California, United States of America, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You agree to defend, indemnify, and hold harmless Buff, Inc. and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Buff, Inc. arising out of or relating to your use of the Buff, Inc. Website, your violation of this Agreement, or your violation of any rights of another.