These terms and conditions (collectively, the “Terms of Use”) govern your use of any websites BuffDormeier.com (“BuffDormeier.com,” “we,” “our,” or “us”) owns or operates, including BuffDormeier.com (the “Site”), your purchase of any of our products or services, or your access to or use of any of our other offerings (collectively, the “Services”). We may change these Terms of Use from time to time, at any time, without providing notice to you, by posting such changes on the Site. BY USING ANY OF THE SERVICES, YOU ACCEPT AND AGREE THAT THESE TERMS OF USE WILL APPLY TO YOUR USE OF SUCH SERVICES. If you do not agree to these Terms of Use, you may not access or otherwise use the Services.
1. Proprietary Rights. As between you and us, we own, solely and exclusively, all rights, title, and interest in and to the Services; all the content (including, without limitation, audio, text, photographs, illustrations, graphics, visuals, video, copy, and/or software), data, and materials made available through the Services (collectively, the “Content”); the look, feel, design, and organization of the Services; and the compilation of any Content on the Services, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. Your use of the Services does not grant to you any ownership of any Content you may access on the Services.
2. Limited License. Subject to these Terms of Use and your compliance therewith, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, limited right to access, view, download, play, listen to, display, and/or use, as applicable, the Content solely for your personal, non-commercial use. You acknowledge and agree that no title or ownership in the Content is being transferred or assigned to you, and that we, our licensors, and/or our authors retain all right, title, and interest in the Content, including, but not limited to, all copyrights, trademark rights, trade names, audio files, video files, artwork, and any other intellectual property or proprietary rights therein. All rights not expressly granted under these Terms of Use are reserved by us, our licensors, and/or our authors, as applicable.
3. Prohibited Use. Any commercial downloading, displaying, copying, recording, reproduction, alteration, modification, distribution, publishing, or exploitation of the Services or any Content is strictly prohibited, unless you have received our express written prior permission or the express written prior permission of the applicable rights holder to do so. You may not download, display, copy, record, reproduce, alter, modify, distribute, publish, perform, transfer, create derivative works from, sell, or otherwise exploit any Services or Content other than as expressly set forth in these Terms of Use. Any violation of the foregoing sentence may constitute a violation of copyright or other local, state, national, and international laws, and doing so may subject you to liability for any such unauthorized use of the Services or Content. We will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
4. Trademarks. The trademarks, trade names, logos, and service marks (collectively, the “Trademarks”) displayed on any Services or Content are registered and unregistered Trademarks of us and others and may not be used unless authorized by the applicable Trademark owner. All Trademarks not owned by us that appear on or through the Services are the property of their respective owners. Nothing contained in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in the Services without our written permission or that of the applicable Trademark holder. Your misuse of the Trademarks displayed in the Services and Content is strictly prohibited. We will aggressively enforce our Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
5. User Information. While using the Services, you may be asked to provide certain personalized information to us (“User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in our Privacy Policy, which is incorporated herein by reference. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you acknowledge and agree that you will keep your User Information up-to-date.
6. Submitted Materials. Unless specifically requested, we do not solicit, nor do we wish to receive, any confidential, secret, or proprietary information or other material from you through the Services, by email, or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials submitted or sent to us (“Submitted Materials”) will be deemed not to be confidential or secret and may be used by us in any manner consistent with these Terms of Use and our Privacy Policy. Notwithstanding anything to the contrary in these Terms of Use, if you do submit or send Submitted Materials to us, you (i) represent and warrant that (A) the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived; and (B) that the Submitted Materials, and their use, do not and will not violate the law or violate or infringe the rights of any entity or person; and (ii) grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, fully transferable, fully assignable, and fully sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and/or display such Submitted Materials (in whole or part) and/or to incorporate them in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Materials that you provide to us, and we may delete or destroy any Submitted Materials at any time. This Section 6 does not apply to manuscripts submitted through the Orbit Works submission process.
7. Your Representations and Warranties. You represent and warrant that, while using the Services, you will not (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) insert your own or a third party’s advertising, branding, or other promotional content into any Services or Content (for example, without limitation, in an RSS feed or a podcast received from us or otherwise through the Services) or use, redistribute, republish, or exploit any such Service or Content for any of your commercial or promotional purposes; (iii) gain or attempt to gain unauthorized access to computer systems, materials, or information through the Services; (iv) engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses, wireless addresses, or other contact or personal information, or any other automatic means of accessing, logging-in, or registering on any Services, or obtaining or accessing lists of users or other information or features on, from, or through any Services, including, without limitation, any information residing on any server or database connected to the Services; (v) use the Services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (vi) use the Services in violation of our or any third party’s intellectual property or other proprietary, personal, or legal rights; (vi) use any Services in violation of any applicable law; (vii) attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services or Content or make unauthorized use thereof; or (viii) interfere with any other party’s use and enjoyment of any Service.
8. Public Forums and Blogs. We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums, and similar services available on or through the Services. In addition to any other rules or regulations that we may post in connection with a particular Service, you agree that you will not upload, post, transmit, distribute, or otherwise publish through the Services any materials which (i) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (ii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law, (iii) violate, plagiarize, or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity, or any other proprietary right, (iv) contain a virus, spyware, or other harmful component, (v) contain embedded links, advertising, chain letters, or pyramid schemes of any kind, or (vi) constitute or contain false or misleading indications of origin, endorsement, or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone at BuffDormeier.com. You alone are responsible for the content and consequences of any of your activities.
9. Right to Monitor and Editorial Control. We reserve the right, but do not have an obligation, to monitor and/or review materials, in whole or in part, posted to the Services by users, and we are not responsible for any such materials posted by users. However, we reserve the right, at all times, to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that, in our sole discretion, are objectionable or in violation of these Terms of Use, our policies, or applicable law. We may also impose limits on certain features of the Services or restrict your access to part or all the Services without notice or penalty if we believe you are in breach of these Terms of Use or applicable law or for any other reason, without notice or liability.
10. Private or Sensitive Information. Please do not disclose private, sensitive, proprietary, or confidential information about yourself or anyone else when using or interacting with any public-facing components of our Services. You agree that you will not provide any personal information about another individual if you do not have the permission of such individual to do so.
11. Indemnification. You agree to defend, indemnify, and hold us and our directors, officers, employees, agents, service providers, and licensors harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Services, your placement or transmission of any message, content, information, software, or other materials through the Services, or your breach or violation of these Terms of Use or the law. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
12. Third Party Websites. By agreeing to these Terms of Use, you are also agreeing to all terms of service and use, privacy policies, and applicable terms and conditions of any service providers that we use to enable your access to the Services or fulfill any purchases you make of our products and services. Please review any such service providers’ terms of service and use, privacy policies, and applicable terms and conditions carefully, as we will have no responsibility to you in connection with them. You may be able to link from the Services to third party websites, and third party websites may link to the Services (“Linked Sites”). You acknowledge and agree that we have no responsibility for any information, content, products, services, advertising, code, or other materials, or any lack thereof, provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute any endorsements or sponsorships by us of such Linked Sites or the information, content, products, services, advertising, code, or other materials presented on or through such Linked Sites. We are not responsible for webcasting or any other form of transmission received from any Linked Site. Any reliance on the contents of a Linked Site is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance. These Terms of Use only apply to the Services, and you should always review the terms of service and use, privacy policy, and other applicable terms and conditions of any Linked Site that you access through a link from our Services.
13. Ecommerce. The sale of products and services on or through the Services and your transactions are subject to additional sales terms and policies. For all charges for any products or services sold on or through the Services, our payment processor will bill your credit card. You will be charged at the time you place your order. We reserve the right at any time after receipt of your order, without prior notice to you, to decline or refund your order for any reason. When you provide credit card information to us or our vendors in connection with any purchase of our products or services, you represent to us that you are the authorized user of the credit card being used to pay for such products or services.
14. Infringement Notification.
We respect the intellectual property rights of others and require that users of our Services do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
Please send any Infringement Notices to:
info@buffdormeier.com
15. DISCLAIMER OF WARRANTIES. ALL SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME, OR UNINTERRUPTED ACCESS; ANY WARRANTY CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION; AND ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICES OR CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT ANY SERVICES WILL MEET USERS’ REQUIREMENTS. WE DO NOT ASSUME ANY RESPONSIBILITY, AND WE WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING OF OUR SERVICES OR YOUR DOWNLOADING OF ANY CONTENT FROM OR THROUGH THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SERVICES IS CORRECT AND UP-TO-DATE, WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS, OR COMPLETENESS OF ANY OF THE SERVICES OR CONTENT, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE SERVICES OR CONTENT. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO THE SERVICES AND CONTENT AT ANY TIME AND WITHOUT ANY PRIOR WARNING.
16. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR ANY OF OUR AFFILIATES, SUBSIDIARIES, OR PARENT COMPANIES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, OR LICENSORS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF OR INABILITY TO USE ANY SERVICES OR CONTENT, ANY MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SERVICES, OR LOST BUSINESS OR LOST SALES, EVEN IF, IN EACH CASE, SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL WE OR ANY OTHER PROTECTED ENTITY BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SERVICES. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF US OR ANY OTHER PROTECTED ENTITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES OR CONTENT EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF ANY SERVICES OR PURCHASE OF ANY OF OUR PRODUCTS OR SERVICES.
17. Age. Users must (i) be 18 years of age or older or an emancipated minor or possess legal parental or guardian consent to use the Services; (ii) be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use; and (iii) abide by and comply with these Terms of Use. By using the Services, you hereby represent and warrant that you are 13 years of age or older, as the Services are not intended for children under 13. Your right to participate in the Services may be terminated without warning if we discover that you are under 13 years of age.
18. Applicable Laws. We control and operate the Services and the Content from our offices in the United States. We do not represent that the Services or Content are appropriate or available for use in locations other than the United States. Persons who choose to access the Services and Content from locations other than the United States do so on their own initiative and at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms of Use waive their respective rights to a trial by jury.
19. Termination. We may terminate, change, suspend, or discontinue any aspect of the Services or Content at any time. We may restrict, suspend, or terminate your access to the Services or any part thereof if we believe you are in breach of these Terms of Use, any other applicable terms of service or policy, or applicable law, or for any other reason without notice or liability. We will terminate, in appropriate circumstances, your ability to use and access the Services and Content if you are a repeat infringer of intellectual property rights.
20. Changes to Terms of Use. We reserve the right, in our sole discretion, to change, modify, add, or remove any portion of these Terms of Use, in whole or in part, at any time. Changes in these Terms of Use will be effective when posted on the Site. Your continued use of the Services after any changes to these Terms of Use are posted will be considered acceptance of those changes.
21. Miscellaneous. These Terms of Use and the relationship between you and us shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under these Terms of Use or out of the use of these Services shall be commenced and heard in the appropriate court (state or federal) in the State of New York, County of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, both you and we agree that the court should endeavor to give effect to the intentions reflected in such provision, and the other provisions of these Terms of Use will remain in full force and effect.
BuffDormeier.com
Effective Date: April 11, 2024
Last Updated: April 11, 2024
Before it’s too late.
