The Company's Liability.
Bear-Buffalo acts as a venue for promoting the sale of Southwest Contemporary Native American Style Jewelry and Contemporary Judaic Silver Designs.
In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through Bearbuffalocrafts.com, Bear-Buffalo Silver Designs and other related sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using Bearbuffalocrafts.com and/or other associated and affiliated sites.
Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on any Bearbuffalo Site, in the event that You have a dispute with one or more Users, You release the Company (and any agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
The Bear-Buffalo Site Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any Bear-Buffalo site or content. The use of all Bear-Buffalo site and the Bear-Buffalo content is at your own risk. Changes are periodically made to the Bear-Buffalo site and may be made at any time.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any information or material presented to Bear-Buffalo.
Bear-Buffalo Silver Designs cannot guarantee and does not promise any specific results from use or purchase of jewelry or other items. No advice or information, whether oral or written, obtained by a User from Bear-Buffalo/Bearbuffalocrafts.com or through or from Bearbuffalocrafts.com or any other Bear-Buffalo Site shall create any warranty not expressly stated herein.
Disclaimer of Warranty.
THE COMPANY DOES NOT WARRANT THAT ANY BEAR-BUFFALO SITE WILL OPERATE ERROR-FREE OR THAT ANY BEAR-BUFFALO SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY BEAR-BUFFALO SITE OR THE BEAR-BUFFALO CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE BEAR-BUFFALO SITES AND BEAR-BUFFALO CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE BEAR-BUFFALO CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY BEAR-BUFFALO SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY BEAR-BUFFALO SITE AND THE BEAR-BUFFALO CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability.
BEAR-BUFFALO SILVER DESIGNS MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY BEAR-BUFFALO SITE OR YOUR USE OF THE BEAR-BUFFALO CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
Links to Other Sites.
Bearbuffalocrafts.com and certain other BEAR-BUFFALO Sites contain links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.
No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of any BEAR-BUFFALO Site.
Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any BEAR-BUFFALO sites, (ii) your use of any BEAR-BUFFALO Content, or (iii) your breach of the terms of these Terms of Use. The Company shall provide notice to You promptly of any such claim, suit, or proceeding.
General.
The Company makes no claims that the BEAR-BUFFALO Content may be lawfully viewed or accessed outside of the United States. Access to the BEAR-BUFFALO Content may not be legal by certain persons or in certain countries. If You access a Bearbuffalocrafts.com or other U.S.-based BEAR-BUFFALO Sites 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 Maryland, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Baltimore County, Maryland and the State of Maryland. If any provision of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use , which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in an additional agreement, additional terms of use for areas of Bearbuffalocrafts.com, a particular "Legal Notice," or Software License or material on particular Web pages, these Terms of Use constitute the entire agreement between You and the Company with respect to the use of Bearbuffalocrafts.com. No changes to these Terms of Use shall be made except by a revised posting on this page.
