PLEASE READ THE FOLLOWING CAREFULLY
By using this site, you agree to these terms and conditions. If you do not agree with them you should not use this site or download any materials from it.
Listed below is the entire agreement between you and Brickyard Buffalo, LLC (“Brickyard Buffalo”) regarding use of this site. Brickyard Buffalo can revise these terms and conditions at any time by updating them on the site. Brickyardbuffalo.com and the services provided to you on and via brickyardbuffalo.com are provided on an "AS IS" basis. You agree that Brickyard Buffalo reserves the right to modify or discontinue provision of brickyardbuffalo.com and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. Brickyard Buffalo will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
OWNERSHIP OF MATERIALS
Material from this site (www.brickyardbuffalo.com) is copyrighted and any unauthorized use of anything contained within the site may violate copyright, trademark, and other laws. Materials may not be copied, reproduced, modified, published, uploaded, transmitted or distributed without Brickyard Buffalo’s prior written permission. Except as expressly provided herein, Brickyard Buffalo does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
Brickyard Buffalo and the Brickyard Buffalo logo design are trademarks of Brickyard Buffalo LLC in the United States. Brickyard Buffalo’s trademarks may be used publicly with permission only from Brickyard Buffalo. Fair use of Brickyard Buffalo’s trademarks in advertising and promotion of Brickyard Buffalo products requires proper acknowledgment.
PERMORMANCE INFORMATION & SPECIFICATIONS
This site is made available only to provide information about Brickyard Buffalo and its products, capabilities, and technologies. Performance tests, ratings, and specifications are measured using specific computer systems, test equipment and/or components and reflect the approximate performance of Brickyard Buffalo products as measured by those tests. Brickyard Buffalo reserves the right to make changes without further notice to any products herein.
DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
Any portion of this site may contain technical inaccuracies or typographical errors, and Brickyard Buffalo may change its contents to make improvements at any time. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND BRICKYARD BUFFALO DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. BRICKYARD BUFFALO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY ALSO DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. BRICKYARD BUFFALO WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE USE OR APPLICATION OF ANY PRODUCTS OR FOR FACTORS SUCH AS FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN TRANSMISSION, OR COMPUTER VIRUS. BRICKYARD BUFFALO WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF OR INABILITY TO USE THE INFORMATION ON THIS SITE. THIS IS TRUE EVEN IF THERE IS NEGLIGENCE BY BRICKYARD BUFFALO OR ANY OF ITS AUTHORIZED REPRESENTATIVES. YOU AGREE TO USE ANY INFORMATION PROVIDED ON THE SITE AT YOUR OWN RISK AND WILL NOT USE IT IN ANY WAY THAT MAY EXPOSE BRICKYARD BUFFALO TO LIABILITY FOR PATENT INFRINGEMENT.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF BRICKYARDBUFFALO.COM AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND BRICKYARD BUFFALO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BRICKYARD BUFFALO MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER BRICKYARD BUFFALO NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA BRICKYARDBUFFALO.COM MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT BRICKYARD BUFFALO WILL NOT BE HELD LIABLE IN ANY WAY. Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDITOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BRICKYARD BUFFALO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES. In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
LINKS TO OTHER SITES AND THIRD-PARTY SERVICES
Any linked sites on this Web site are not under Brickyard Buffalo’s control and Brickyard Buffalo is not responsible for the content of any linked site or any link contained in a linked site. Brickyard Buffalo reserves the right to terminate any link or linking program at any time. Brickyard Buffalo does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites that may be linked to this site, you do so at your own risk.
Goods and services of third parties may be advertised and/or may be made available on or through brickyardbuffalo.com. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. Brickyard Buffalo will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
The terms and conditions contained herein are governed and interpreted pursuant to the laws of the State of California, USA. If any portion of these terms and conditions is unlawful, void, or unenforceable, only that part will be deemed severable and will not affect the validity and enforceability of any remaining portions. Brickyard Buffalo makes no representation that materials on this site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations.
REGISTRATION AND PASSWORD
You are responsible for maintaining the confidentiality of your password. You are responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify Brickyard Buffalo of any unauthorized use of your user account, user name or password.
Brickyard Buffalo takes customer satisfaction very seriously. If for any reason you are unhappy with any of the products you purchase on Brickyard Buffalo, please contact us at [email protected] within 7 days of receipt to arrange a replacement or refund.
YOUR BEHAVIOR AND CONDUCT
By accessing brickyardbuffalo.com, you agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that brickyardbuffalo.com may expose you to content that may be objectionable or offensive. Brickyard Buffalo will not be responsible to you in any way for content displayed on brickyardbuffalo.com, nor for any error or omission. By accessing or using brickyardbuffalo.com, or any service provided, you explicitly agree that:
a: you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of brickyardbuffalo.com or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
b: you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
c: you will not collect or harvest any information about other users;
d: you will not provide, and you will not use brickyardbuffalo.com to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use brickyardbuffalo.com to promote or operate any service or content without Brickyard Buffalo's prior written consent;
e: you will not provide any content that may give rise to Brickyard Buffalo being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.
You agree to indemnify and hold harmless Brickyard Buffalo and Brickyard Buffalo's representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with brickyardbuffalo.com or service, your provision of content, your violation of these Terms and Conditions, or any other violation by you of the rights of another person or party.
SUBMISSION OF CONTENT
By providing any content to brickyardbuffalo.com: a: you agree to grant Brickyard Buffalo a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, and technology already known at the time of provision or developed subsequently;
b: you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Brickyard Buffalo the license specified above;
c: you acknowledge and agree that Brickyard Buffalo will have the right (but not obligation), at Brickyard Buffalo's entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
In the event that any provision of these Terms and Conditions is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain valid and applicable. The failure of either party to assert any right under these Terms and Conditions will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect. You agree that any claim or cause in respect of brickyardbuffalo.com or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation. Brickyard Buffalo may assign Brickyard Buffalo's rights and obligations under these Terms of Conditions and in this event, Brickyard Buffalo will be relieved of any further obligation.
If you have any questions regarding the above, please contact us at:
Brickyard Buffalo, LLC
P.O. Box 170
Kaysville, Utah 84037