Effective Date: June 16, 2016
You Accept These Terms
Each time you access and/or use the Services, you agree to these Terms. More Info
Services are Provided “As Is”
We provide the Services “As Is” and we make no representations for quality, effectiveness and availability of the Services. More Info.
Limitation of Liability
Our liability to you is limited. More Info
Arbitration of All Disputes; No Class Actions
Any disputes under these Terms will be resolved on an individual basis through binding arbitration; you waive participation in class actions. More Info
Questions about our Terms may be sent to: Buffalo Lodging Associates, LLC, 3000 Davenport Avenue, Suite 101, Canton, MA 02021. More Info
Effective Date: June 16, 2016
1. ACCEPTANCE OF TERMS
Legally Binding Agreement
Updates to Terms
These Terms may change at any time. Buffalo Lodging will post the most current version on the Site or via a link on the applicable Service with a new Effective Date. Changes are effective from the Effective Date. Your continued access or use of the Services after we post changes to the Terms signifies your agreement to those changes. If you do not agree to the current Terms, you must discontinue using the Services.
Contact and Electronic Communications
By accessing or using the Services, you consent to having these Terms provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with contact information in connection with a particular activity, such as an email address or telephone number (“Contact Information”), you agree that this establishes a business relationship with us and that we may communicate with you using the Contact Information you provided to us. You acknowledge the legal authority over any Contact Information.
Links to Third Party Services
2. CODE OF CONDUCT
You agree to comply with all applicable laws, rules, and regulations and agree not to:
- collect, use, share or transfer any information available on the Services except as expressly permitted by these Terms, or by the owner of such information;
- use the Service in connection with any commercial endeavors except those that are specifically endorsed or approved by us;
- use manual or automated software, devices, scripts robots, or other means or processes to access, “scrape,” “crawl” or “spider” any content or other services contained in or through the Services;
- utilize information, content or any data you view on and/or obtain from the Services to provide any service that is competitive with the Services including the use of Buffalo Lodging trademarks or copyrighted material or confusingly similar marks;
- interfere, disrupt or attempt to gain unauthorized access to the Services;
- disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
- damage, disable, overburden, or impair any Buffalo Lodging server, or the network(s) connected to any Buffalo Lodging server, or interfere with any other party’s use and enjoyment of any of the Services;
- gain unauthorized access to any Services, accounts, computer systems or networks connected to any Buffalo Lodging server or to any of the Services through hacking, cracking, distribution of counterfeit software, password mining or any other means;
- reverse engineer, decompile or disassemble any software accessed through the Services;
- engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- access the Services except through the interfaces expressly provided by Buffalo Lodging;
- override any security feature of the Services; or
- engage in any other activity deemed by Buffalo Lodging in its sole discretion to be in competition with or in conflict with the spirit or intent of Services.
You agree that Buffalo Lodging may take whatever steps it deems necessary to abridge, or prevent behavior of any kind on the Services that violates these Terms in its sole discretion, without notice.
3. INTELLECTUAL PROPERTY RIGHTS
Access to Content on the Services
You acknowledge that by using the Services you may have access to pictures, digital images, graphics, music, video, audio, text, computer code and other creative output (collectively, “Content”). You acknowledge that Buffalo Lodging, Buffalo Lodging licensors and users have rights in their respective Content under copyright and other applicable laws and treaty provisions. You accept full responsibility and liability for your use of any Content in violation of any such rights.
Our Ownership Rights
All right, title and interest in and to the Services is the exclusive property of Buffalo Lodging and its licensors. We hereby grant you a limited, revocable, non-sublicenseable license to reproduce and display the Buffalo Lodging Content (excluding any software code) solely for your personal use. All trademarks, logos, service marks, trade names, and trade dress appearing on the Services, are proprietary to Buffalo Lodging or its licensors. Buffalo Lodging reserves all rights not expressly granted in and to the Buffalo Lodging Content and the Services.
All comments, feedback or materials submitted by you to us, including feedback, testimonials, images, reviews, questions, comments, suggestions or ideas (collectively, “Feedback”), is received and treated by us on a non-confidential and unrestricted basis. Buffalo Lodging is free to use, display, perform, distribute, copy, adapt, and promote the Feedback in any way, without compensation to you. You agree that in submitting Feedback, it will not violate any right of any third party, including any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam”.
Images on Services
Images available on or through the Services may not accurately capture the actual appearance, color, look and feel, specifications, features, or functionality of such Services.
Data Collection Policy
All data generated by or collected from us while visiting our Services is our property. No party unaffiliated with us may collect or use, or direct, authorize or assist other persons or entities to collect or use, any data from a user, or a computer or device operated by a user, while accessing our Services without our prior express written permission. For example, no data may be collected, used or transferred for purposes of retargeting, behavioral remarketing, or targeting any advertisements, segment categorization or any form of syndication which is related to our Services, the Content, or our users without our prior express written permission of in each instance. The data covered by this policy includes, but is not limited to, data collected via any advertising unit, widget, pixel tag, cookie, script or other data collection process.
4. DISCLAIMERS OF WARRANTY AND LIABILITY
The Services are provided “AS IS”
Buffalo Lodging provides the Services strictly on an “AS IS” basis and does not guarantee that the Services will function without interruption or errors in functioning, or be virus-free. The operation of the Services may be interrupted due to maintenance, updates, or system or network failures. Buffalo Lodging disclaims all liability for damages caused by any interruption, malfunction, impossibility of access, or poor use conditions of the Services for any reason. Use of the Services is at your own risk, to the fullest extent permissible under applicable law. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BUFFALO LODGING EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Buffalo Lodging makes no warranty as to the quality, accuracy, completeness or validity of any information or Content you access or receive in connection with the Services, or that your use of the Services will meet your requirements.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BUT EXPRESSLY EXCLUDING GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, IN NO EVENT WILL BUFFALO LODGING OR ITS RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (“RELEASED PARTIES”) BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SERVICES, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN BUFFALO LODGING’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES WILL NOT EXCEED $50.00.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If you are a California resident, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
You agree to defend, indemnify and hold harmless Buffalo Lodging and its members, shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, and licensors from and against all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys’ fees and costs including costs to respond to regulatory inquiries, actions or subpoenas) related to all third party claims, charges, and investigations, arising from, relating to, or caused by (a) your use of the Services or (b) your failure to comply with these Terms.
5. DISPUTE RESOLUTION FOR US RESIDENTS
These Terms will be governed, construed, and enforced in accordance with the laws of the State of New York, without regard to its conflict of laws rules except that the arbitration provision will be governed by the Federal Arbitration Act as stated herein.
Resolution of Any Dispute
In the event a dispute arises between you and Buffalo Lodging, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our customer care at 718-344-4435 or writing us at 3000 Davenport Avenue, Suite 101, Canton, MA 02021. If, however, there is an issue that needs to be resolved, the following provisions of this Section 5 describe how both of us will proceed.
Limitation of Legal Remedies
If there is a dispute that remains unresolved, INSTEAD OF SUING IN COURT, YOU AND BUFFALO LODGING EACH AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION PURSUANT TO THE JAMS ARBITRATION RULES AND PROCEDURES, ON AN INDIVIDUAL BASIS, WITHOUT CLASS RELIEF, EXCEPT FOR DISPUTES PERTAINING TO BUFFALO LODGING’S INTELLECTUAL PROPERTY RIGHTS; STATUTORY CLAIMS THAT PURSUANT TO LAW ARE NOT ARBITRABLE; INDEMNIFICATION; CONTRIBUTION; INTERPLEADER; OR INJUNCTIVE RELIEF ARISING OUT OF A CLAIM. This agreement to arbitrate is intended to be broadly interpreted. It includes claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Claim(s)”). The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Jury Trial Waiver
YOU AND BUFFALO LODGING EACH VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY IN RESOLVING ANY DISPUTE BETWEEN US ARISING OUT OF THESE TERMS OR THE SERVICES.
Class Action Waiver
YOU AND BUFFALO LODGING EACH AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. All arbitrations under these Terms must be conducted on an individual (and not a class-wide) basis, and an arbitrator will have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others, participating in a class, representative, or collective action as a class representative, class member or an opt-in party, acting as a private attorney general, or joining or consolidating Claims with claims or proceedings brought by any other person (“Class Action Waiver”).
A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought (a “Notice”). All Notices to Buffalo Lodging must be sent to the following address: 3000 Davenport Avenue, Suite 101, Canton, MA 02021. All notices to you will be sent to the email or street address provided via the Contact page on the Site or in your account, if available. Upon receipt of such Notice, the receiving party will have a 60 day period in which it may satisfy the Claim against it by fully curing the Claim, providing all the relief requested in the Notice, or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such 60 day cure period, you or Buffalo Lodging may commence an arbitration proceeding. Unless otherwise agreed to by you and Buffalo Lodging in writing, the arbitration will be governed and conducted by JAMS before a single arbitrator with substantial experience in the internet industry and will follow substantive law in adjudicating the dispute, except that this section will be construed as a written agreement to arbitrate pursuant to the Federal Arbitration Act (“FAA”). You and Buffalo Lodging agree that this section satisfies the writing requirement of the FAA. The arbitration of any claim will be conducted in the State of New York for any non-frivolous claim that does not exceed $10,000.00, you will have the choice as to whether the hearing is conducted in person or by telephone. Each party will pay the fees and costs of its own counsel, experts and witnesses. The JAMS rules are available on its website at www.jamsadr.com. To the extent that this dispute resolution section conflicts with JAMS minimum standards for procedural fairness, the JAMS rules and/or minimum standards for arbitration procedures in that regard will control. Neither party will sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence will not apply to the clause entitled “Class Action Waiver”.
All parties, including related third parties, will retain the right to seek adjudication in a small claims tribunal for disputes within the scope of such tribunal’s jurisdiction. Any dispute, which cannot be adjudicated within the jurisdiction of a small claims tribunal, will be resolved by binding arbitration, with the exception of any Claim or action for indemnification, contribution, interpleader, or injunctive relief arising out of a Claim, which Claims or actions will not be subject to arbitration. Any appeal of a judgment from a small claims tribunal will be resolved by binding arbitration.
6. DISPUTE RESOLUTION FOR NON-US RESIDENTS
If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Services or Terms and you are a non-U.S. resident, then you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us but if no such information exists or if such information is not current, then we have no obligation under this section. Your notice to us must be sent to us at 3000 Davenport Avenue, Suite 101, Canton, MA 02021.For a period of 60 days from the date of receipt of notice from the other party, Buffalo Lodging and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or Buffalo Lodging to resolve the dispute on terms either you or Buffalo Lodging, in each of our sole discretion, are unsatisfactory. Nothing in this section will prevent a party from pursuing their claims in court or another complaint process.
7. GENERAL PROVISIONS
You must be at least 18 years old or the age of majority in your state or country of residence, whichever is older, to use the Services.
The Services are controlled and operated by Buffalo Lodging from its offices within the United States. Buffalo Lodging makes no representation that the Services are appropriate or available for use in other locations, and access to such materials or use of the Services from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Buffalo Lodging may give notice to you by means of a general notice on the Services, by electronic mail to your e-mail address in our records, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record.
All notices given by you, whether or not required under these Terms, will be faxed to718-344-4438; or sent to us by receipted mail or courier at:
Buffalo Lodging Associates, LLC
3000 Davenport Avenue, Suite 101
Canton, MA 02021
Any notices that you provide without compliance with this section will have no legal effect.
The failure of Buffalo Lodging to partially or fully exercise any rights of these Terms, or the waiver of Buffalo Lodging of any breach of these Terms by you, will not prevent a subsequent exercise of such rights by Buffalo Lodging or be deemed a waiver by Buffalo Lodging of any subsequent breach by you of the same or any other condition of these Terms. The rights and remedies of Buffalo Lodging under these Terms, its policies, and any other applicable agreement between you and Buffalo Lodging will be cumulative, and the exercise of any such right or remedy will not limit Buffalo Lodging’s right to exercise any other right or remedy.
If any part of these Terms is determined to be unlawful, invalid, void or unenforceable (“Unenforceable”), such provision will be ineffective only to the extent that it is found Unenforceable, and the remainder of the provision and all other terms will remain fully enforceable except that should the provision on Class Action Waiver for any Claims, as provided in Section 5, be found to be Unenforceable by a court of law, then the provision to arbitrate in Section 5 will no longer apply.
The provisions of Sections 5 and 6 (Dispute Resolution), 4 (Disclaimers of Warranty and Liability) and 7 General Provisions) will survive the termination of these Terms.
Headings in these Terms are for convenience of reference only and will not affect the interpretation or construction of these Terms.
Third Party Beneficiaries
These Terms do not create third party beneficiary rights enforceable by third parties.
These Terms, and the policies incorporated herein, are the entire agreement between you and Buffalo Lodging. They supersede any and all prior or contemporaneous agreements between you and Buffalo Lodging relating to your use of the Services.
Please contact customer service at 718-344-4435 or write to us at: 3000 Davenport Avenue, Suite 101, Canton, MA 02021, if you have any questions about these Terms.
Copyright © 2016, Buffalo Lodging Associates, LLC. All rights reserved