Terms of Use

Welcome to boardbuffs.com (the “Site”). Your access to and use of the Site is subject to these Terms and Conditions of Use (“Terms of Use”) and all applicable laws. The Site is operated by Board Buffs LLC (“Board Buffs”) from its offices within the United States.

The following Terms of Use apply to the Site. By accessing, browsing and/or using the Site, including all separate content, materials and information made available on or accessed through the Site - whether you are a "Visitor" (which means that you simply browse the Site) or a "Registered User" (which means that you have registered with Board Buffs) - you acknowledge that you have read, understood and agree to comply with these Terms of Use and all applicable laws. If you do not agree, do not use the Site. The term "you" or "user", as used in these Terms of Use, refers to a Visitor or a Registered User.

Board Buffs may modify or change these Terms of Use, in whole or in part, at any time at its sole discretion by updating this posting without prior notice to users or liability. 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.

1. Proprietary Rights

The Site, including the design, structure, selection, coordination, expression, “look and feel” and arrangement of content, and its content including text, graphics, images, photographs, illustrations, videos, audio, code, data, trademarks, service marks, logos, taglines, slogans, trade names and other material, made available on or accessed through the Site (collectively, the “Materials”) and any and all intellectual property and proprietary rights inherent therein or appurtenant thereto, are owned by Board Buffs or its licensors and are protected under both United States and foreign laws. Your use of the Site does not grant to you ownership of any of the Materials. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of authorized personnel of Board Buffs, its licensors or the otherwise applicable rights holders.

The trademarks, service marks, logos, taglines, slogans and trade names (collectively, the "Marks") displayed on the Site or on the Materials are registered and unregistered Marks of Board Buffs, its licensors or other rights holders and may not be copied or used in any manner. Nothing contained on the Site or on the Materials should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark displayed on the Site or on the Materials without the written permission of Board Buffs or the otherwise applicable rights holders. Your misuse, including any unauthorized use, of the Marks displayed on the Site or on the Materials is strictly prohibited.

2. Limited License

Subject to your compliance with these Terms of Use, you may (a) access and view the Materials on the Site on your computer or other device and (b) download any of the Materials displayed and identified on the Site as specifically available for downloading solely for your own lawful, personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the Materials. Any rights not expressly granted herein are reserved. Notwithstanding the foregoing, any Materials or other content or information that are made available on or accessed through the Site with their own license terms, conditions and notices shall be governed by such terms, conditions and notices. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms of Use.

Except for the limited permission in the preceding paragraph, Board Buffs does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights. You may not mirror the Site or any of the Materials on another web site or in any other media.

3. Use Restrictions and Prohibited Conduct

Any commercial or promotional distribution, publishing or exploitation of the Site or any of the Materials is strictly prohibited unless you have received the express prior written permission from authorized personnel of Board Buffs, Board Buffs’ licensors or the otherwise applicable rights holders. Other than as expressly allowed herein, no part of the Site or any of the Materials may be copied, reproduced, republished, uploaded, downloaded, posted, publicly displayed, published, modified, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution without Board Buffs’ express written consent. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the Materials, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material made available on or accessed through the Site.

You agree that you shall not: (a) impersonate any individual or entity or misrepresent your affiliation with any other individual or entity; (b) use the Site in any manner with the intent to interrupt, damage, disable, overburden or impair the Site; (c) use the Site or any of the Materials in violation of Board Buffs’ or any third party's intellectual property or other proprietary or legal rights; (d) use the Site or any of the Materials in violation of any applicable laws; (e) attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt or otherwise alter or interfere with the Site, or make any unauthorized use thereof; (f) obtain or attempt to obtain any content, materials or information through any means not intentionally made publicly available or provided for through the Site; (g) attempt to gain unauthorized access to the Site through hacking, password mining or any other means; or (h) use or attempt to use any “spider”, “robot”, “bot”, “scraper”, “data minder” or any other program, device or algorithm, process or methodology to access, acquire, copy, or monitor the Site (or portions thereof) or Materials. The Site may be indexed by search engines that survey the Web and are available to the public generally.

4. Site and Materials Disclaimer

Board Buffs does not promise or guarantee that the Site and/or the Materials are correct, current or complete. Board Buffs has no duty or policy to update any Materials or other content or information displayed, distributed or made available on or accessed through the Site and, therefore, such Materials, content or information should not be relied upon as being current as of the date you access the Site. Moreover, the Site and/or the Materials may include inaccuracies or typographical errors. Board Buffs makes no representations about the accuracy, reliability, completeness or timeliness of any of the Materials or of any other content or information displayed, distributed or made available on or accessed through the Site. You acknowledge that any reliance on any such Materials, content or information will be at your sole risk. Board Buffs will not be responsible for any loss, however arising, from use of, or reliance on any such Materials, content or information.

5. Disclaimer of Warranties

The site and materials are provided on “as is” basis without warranties or any kind, either expressed or implied. To the fullest extent permitted by law, Board Buffs hereby disclaims all express, implied, statutory and other warranties, guarantees or representations, including, without limitation, any warranties of title, merchantability, non infringement of third parties’ rights, and of fitness for particular purpose.

Board Buffs uses reasonable efforts to include accurate and up-to-date information on the site. Board Buffs, however, makes no warranties as to the accuracy, reliability, completeness or timeliness of the materials or of any other content or information displayed, distributed or made available on or through the site, about the results to be obtained from using the site and/or said materials, content or information. Board Buffs does not assume liability or responsibility for any error or omission in the contents of the site.

Board Buffs does not warrant that the site will operate error free or that the site, the materials or of any other content or information displayed, distributed or made available on or through the site will be timely, secure, uninterrupted or error free, free of viruses or other harmful components, or that defects will be corrected. Board Buffs reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site or the materials.

6. Limitation of Liability

To the fullest extent permitted by law, in no event shall Board Buffs be liable for any damages whatsoever (including, without limitation, direct, indirect, special, incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from or relating to the site, the materials or any other content or information displayed, distributed or made available on or through the site, or the internet generally, including, without limitation, the use or inability to use the site, any changes to or inaccessibility of the site, delay, failure, unauthorized access to or alteration of any transmission or data, any submissions by users, or any material, statement or information from a third party accessed on or through the site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Board Buffs is advised of the possibility of such damages.

7. Indemnity

You agree to defend, indemnify, and hold harmless Board Buffs, its parent, subsidiaries and affiliates, and their respective directors, shareholders, officers, employees, agents, licensors and service providers from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your use of the Site or the Materials, your Submissions, your breach of these Terms of Use and/or violation of any applicable laws.

8. Links

The Site may contain links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by Board Buffs of the content or information available on such third-party web sites. Board Buffs is not responsible for the content or information available on linked third-party sites and does not make any warranty or representation whatsoever regarding same. Nor does Board Buffs make any warranty or representation regarding, nor does it endorse, any linked third-party web sites or the content or information appearing thereon or any of the products or services described thereon. Links to a non-Board Buffs web site do not mean that Board Buffs endorses, is affiliated or associated with, the linked third-party site, or accepts any responsibility for the content or information available on or use of such third-party site.You will need to make your own independent judgment regarding your interaction with these linked third-party sites. If you decide to access linked third-party web sites, you do so at your own risk.

In general, Board Buffs does not object to links to the Site from third-party web sites. Unless Board Buffs has a written agreement with you, you may not use any of Board Buffs’s trademarks, service marks or trade names in or with your links. You may not present the link to the Site in any way that suggests Board Buffs has any relationship or affiliation with your web site or endorses, sponsors or recommends the information, products or services on your site, unless you have a specific written agreement with Board Buffs to do so. You may link to the Site using the plain text name of the Site. Link only to the home page of the Site. Do not, without Board Buffs’s written permission: (a) incorporate any of the Materials into your web site (e.g., by in-lining or framing); (b) use any of Board Buffs’s, trademarks, service marks, taglines, slogans, trade names or any other words or codes identifying Board Buffs or the Site in any "metatag". Board Buffs will not tolerate links from any web site that may adversely affect the name, reputation and/or goodwill of Board Buffs and/or its products or services. Board Buffs reserves the right to terminate permission to link to the Site at any time, for any reason.

9. Submissions

Board Buffs does not claim ownership of any information or material including any data, questions, comments or suggestions, a user transmits posts or uploads to or through the Site, by any means, including, without limitation, by message boards, chat rooms or similar discussion forums, blogs, wiki pages, e-mail or otherwise (“Submissions”). All Submissions will be treated as non-confidential and non-proprietary and may be disseminated or used by Board Buffs and/or its parent, affiliates or subsidiaries, for any purpose and in any way without any compensation.

By making a Submission to or through the Site, you automatically grant Board Buffs an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, distribute and create derivative works from such Submission, alone or as part of other works in any form, media, or technology whether now known or hereafter developed.

You warrant and represent that you shall not transmit, post or upload to or through the Site any Submission that is, or whole or in part, libelous, scandalous, inflammatory, discriminatory, defamatory, false, threatening, vulgar, obscene, pornographic, profane, abusive, harassing, invasive of another’s privacy, hateful or bashing, aimed at gender, race, color, sexual orientation, national origin, religious views or disability, or otherwise unlawful, or that violates or infringes on the privacy, publicity, intellectual property, proprietary, or contractual rights of any third party.

You further warrant and represent that to the extent you transmit, post or upload to or through the Site any Submission that constitutes a review, a testimonial and/or an endorsement of a product and/or service, you will clearly and conspicuously disclose the material connections you share with the seller of the product and/or service, including disclosing the fact that you are being paid to promote or review the product and/or service or from any links within your Submission whenever that is the case, based your review, testimonial and/or endorsements on your own independent evaluation of the product and/or service, not pass along misleading or unsubstantiated advertiser claims, and otherwise comply with applicable laws.

Board Buffs does not represent or warrant the truthfulness, accuracy or reliability of any content or information contained in any Submissions made to or through the Site by users or endorse any statements, representations or opinions expressed by users in their Submissions. Your reliance on content or information, including any statements, representations or opinions, contained in any Submissions made to or through the Site by other users shall be at your own risk. Any product claim, statistic, quote or other representation about a product and/or service contained in a Submission should be verified with the applicable manufacturer or provider.

Board Buffs is not responsible for screening or monitoring Submissions made to or through the Site by users. If notified by a user of any Submissions made to the Site allegedly in violation of these Terms of Use, Board Buffs may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission or any portion thereof. Board Buffs shall have no liability or responsibility to users for performance or nonperformance of such activities.

Board Buffs reserves the right not to post or to remove any information or material posted, uploaded, input or submitted to the Site for any reason, including, without limitation, any Submissions that, in its sole discretion, it deems to be in violation of these Terms of Use.

The foregoing is not intended to apply to any Personal Information (as that term is defined below), the use of which is governed by the Site's Privacy Policy, or to the use of digital images submitted through the Site in connection with Photo Puzzle orders, which are governed by the Photo Puzzle Terms and Conditions and incorporated herein as reference.

10. Privacy Policy

Your privacy is important to us. We collect and use your personal information only to process your orders and improve your shopping experience. Checkout is handled by a secure payment processor, so we never store your payment information. We do not share your information with third parties except as necessary to fulfill your order or comply with legal requirements.

In order for you to access certain portions of the Site, you may be asked to provide information that personally identifies you, such as your name, mailing address, e-mail address and home and/or telephone numbers ("Personal Information"). If you make a Submission, communicate with us by e-mail or complete online forms or the like, any Personal Information provided in such Submission or communication will be subject to the Site's Privacy Policy and incorporated herein by reference.

11. Termination/Suspension

Board Buffs reserves the right, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or the Materials at any time and/or to restrict, suspend or terminate your access to the Site and/or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

12. Miscellaneous

Board Buffs makes no claims the materials, content or information provided on or accessed through the Site are appropriate or may be downloaded outside of the United States. Access to the Site and/or such materials, content or information may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the internal substantive laws of the state of Utah, without respect to its conflict of laws principles. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be an appropriate state or federal court located in the state of Utah. If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions set forth herein, which shall remain in full force and effect. No waiver of any term hereunder of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. These Terms of Use constitute the entire agreement between you and Board Buffs with respect to the use of the Site. Any changes to these Terms of Use must be made in writing, signed by an authorized representative of Board Buffs to be binding on Board Buffs. Notwithstanding the foregoing, Board Buffs, at its sole discretion and without notice, may change, modify, add or remove any portion of the Terms of Use, in whole or in part, at any time. Changes in the Terms of Use will be effective when posted. Your continued use of the Site and/or the services made available on or accessed through the Site after any changes to the Terms of Use are posted will be considered acceptance of those changes.

13. Accessibility & ada compliance

We are committed to ensuring that our website is accessible to individuals with disabilities. We strive to meet the web standards as required by the Americans with Disabilities Act (ADA). We continuously work to improve the accessibility of our website and services. If you encounter any accessibility barriers or have suggestions on how we can improve accessibility, please let us know at contact@boardbuffs.com

While we strive to make our website as accessible as possible, we cannot guarantee that every page conforms to the ADA standards at all times. We are not responsible for any third-party content or websites that may be linked to or from our website.

To the fullest extent permitted by law, we disclaim any liability for any damages or losses, including but not limited to direct, indirect, incidental, consequential, or punitive damages, arising out of or in connection with any accessibility issues on our website. You agree to indemnify, defend, and hold harmless Board Buffs LLC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your use of our website, including any claims related to accessibility or ADA compliance.

For any issues relating to any of the above terms, we reserve the right to consult with our retained attorneys before issuing any replies.