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Website Terms of Use

These terms of use are an agreement between Hockey Western New York, LLC. (“WNY”) and each individual using www.buffaloworldjuniors.com (a “User”), a website made available by WNY (the “Site), and relate to User’s use of the Site (this “Agreement”).

  1. Acceptance

    User’s use of the Site is at all times subject to this Agreement, plus WNY’s privacy policy, a copy of which is posted on the Site (the “Privacy Policy”). User should read this Agreement carefully and be sure User understands it prior to using the Site. Any use of the Site by User is deemed to be irrevocable acceptance of this Agreement. If User does not agree to this Agreement, User should not use, and should immediately exit, the Site. For purposes of this Agreement, accessing the Site only to review this Agreement or the Privacy Policy is not deemed to be use of the Site.

  2. Information

    In using the Site, WNY may collect data and other information from User and User’s computer. All such data and other information will be handled by WNY as set forth in the Privacy Policy.

  3. Content

    All right, title and interest in any content (including, but not limited to, all intellectual property rights therein) made available through the Site (collectively “Content”) belongs to, or is licensed by, WNY, unless stated otherwise in writing by WNY. User may access and use any Content solely in connection with User’s authorized use of the Site, and for no other purpose; provided, however, that User may not, in any case, use any Content for any purpose prohibited by (a) WNY, in its sole discretion, after User receives notice of such prohibition, (b) this Agreement, or (c) any applicable law.

  4. Third-Party Vendors

    WNY may rely on third parties to provide products, services and content in connection with the Site or this Agreement (individually a “Third-Party Vendor”), and WNY will have no responsibility or liability with respect to any Third-Party Vendor or any Third-Party Vendor’s products, services or content. A Third-Party Vendor may impose additional terms upon User’s use of such products, services and content, and User will be bound by such terms. If User desires to receive a copy of such terms, User should request one in writing from WNY as set forth in Section 15 or directly contact such Third-Party Vendor.

  5. User's Responsibilities

    User is solely responsible and liable for (a) obtaining and maintaining all third-party equipment, software and services necessary to use the Site, (b) protecting access to, and security of, all equipment, software and services used to connect to the Site, (c) performing all of User’s obligations pursuant to this Agreement, (d) obtaining and maintaining appropriate licenses and rights for use of any third-party products (including, but not limited to, web-browser software), equipment or services in connection with using the Site, and for paying all fees associated therewith, (e) promptly reporting to WNY in writing any defect or error in, shortcoming of, and other problem with, the Site, (f) User’s compliance with all applicable law in connection with all matters for which User is responsible hereunder and User’s use of the Site, and (g) obtaining from any third party any required approval, authorization, consent, license, permission and permit to use the Site as contemplated herein.

  6. Right to Monitor

    WNY may monitor User’s use of the Site to confirm that User is complying with User’s obligations pursuant to this Agreement or for other legitimate business purposes; provided, however, that WNY has no obligation to do so and any such monitoring will be at WNY’s sole discretion. WNY will have no liability to User or any third party in connection with its monitoring (or not monitoring) such use.

  7. Third-Party Sites

    The Site may contain links to, or may be accessible through links on, other websites that are not maintained by WNY. WNY is not responsible for any content contained on, or otherwise with respect to, such other websites. No link from the Site to another website, or from another website to the Site, is an endorsement, sponsorship or recommendation by WNY of such other website and links are provided only for User’s convenience. WNY will have no responsibility or liability to User or any third party arising from any link between the Site and another website.

  8. Idemnification

    User shall indemnify, defend and hold harmless WNY from all costs, damages, expenses, fines, liabilities, losses, penalties and other payments (including, but not limited to, fees and disbursements of counsel to WNY) resulting from, or relating to, (a) User’s failure to perform any obligation or assume any responsibility pursuant to this Agreement, (b) any warranty or representation made by User in this Agreement being untrue or misleading in any respect, (c) any unauthorized use of the Site by User, (d) any products, services or content of Third-Party Vendors, or (e) except to the extent WNY is grossly negligent or engages in intentional misconduct, any action taken, or not taken, by User or any third party in reliance on the Site or any other use of the Site.

  9. Warranty Disclaimer

    THE SITE IS MADE AVAILABLE TO USER “AS IS” AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, WNY DISCLAIMS All IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).

    Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to User.

  10. Limitation of Liability

    WNY WILL NOT BE LIABLE TO USER OR ANY THIRD PARTY WITH RESPECT TO THE SITE, THIS AGREEMENT OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES. EXCEPT ONLY IN THE CASE OF ANY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY WNY, IN NO EVENT WILL ANY LIABILITY OF WNY WITH RESPECT TO THE SITE, THIS AGREEMENT OR OTHERWISE EXCEED THE LESSER OF (A) ALL DIRECT DAMAGES ACTUALLY INCURRED BY USER OR (B) $100. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT), EVEN IF THE POSSIBILITY OF ANY DAMAGES SHOULD HAVE BEEN FORESEEN BY WNY, AND EVEN IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

    Some jurisdictions do not allow the limitations or exclusions of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to User.

  11. Severability

    Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law. If, however, any such provision is prohibited by or invalid under such law, it will be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it will be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this Agreement, being prohibited or invalid.

  12. Revisions

    WNY may revise any provision of this Agreement from time to time by (a) posting the revised provision so that it is accessible to User on the Site, or (b) notifying User of the revised provision in an email message or other notice sent to User at the address for User in WNY’s records. Any such revision will be effective immediately upon the earlier of such posting, sending such email message or five days after such notice is placed in regular mail, with postage prepaid, as set forth in this Section. User is responsible for periodically checking this Agreement on the Site for revisions to this Agreement. Any other revision to this Agreement must be in a writing signed by WNY and User.

  13. Disputes

    This Agreement shall be governed by, and interpreted and enforced in accordance with, the laws of the State of New York, without regard to its principles of conflict of laws. Any complaint of User relating to the Site or this Agreement must first be submitted to WNY as set forth in Section 15, and WNY must be given a reasonable opportunity of not less than 30 days to investigate and respond to such complaint. Upon WNY’s completing such investigation and so responding, User and WNY must then attempt, in good faith, to promptly resolve any remaining aspects of such complaint. If any aspect of such complaint remains unresolved after an additional reasonable period of not less than 30 days, and User desires to pursue other remedies, User may, within one year after WNY received User’s initial complaint, only commence a lawsuit against WNY in connection with the unresolved portion of such complaint in a court located in Erie County, New York, and having subject matter jurisdiction over such complaint. User consents to any such court being a proper venue for such complaint, and waives any right to object to such court being an improper venue, whether for inconvenience or otherwise. If any such lawsuit is commenced as set forth herein, User (a) waives any right to a jury trial, (b) consents to all findings of fact being determined by the presiding judge, and (c) waives any right to bring or join any claim against WNY as a member or other participant in any class action or other similar form of litigation.

  14. Notices

    User must send notices to WNY relating to the Site or this Agreement at webmaster@buffaloworldjuniors.com. Any such notice will be effective upon actual receipt by WNY. WNY may send notices to User relating to the Site or this Agreement through e-mail, regular mail or a general posting on the Site. Any such notice from WNY will be effective (a) immediately upon WNY’s sending such notice to the address it has in its records for User in the case of e-mail, (b) five days after WNY’s sending such notice to the address it has in its records for User, with postage prepaid, in the case of regular mail, and (c) immediately upon User’s entering the Site after such notice is posted on the Site.

  15. Waivers

    No failure of WNY to exercise, and no delay by WNY in exercising, any right or remedy under this Agreement shall be a waiver of such right or remedy. No waiver of any such right or remedy shall be effective unless made in a writing signed by WNY, and specifically referring to each such right or remedy being waived.

  16. Equitable Remedies

    User acknowledges that a remedy at law will be inadequate if User violates any provision of Section 3, 5, 6, 13, 14, 17, 18 or 19, and if WNY reasonably believes User has violated any such provision, User consents to WNY’s obtaining from a court having jurisdiction an injunction, a restraining order, specific performance or other equitable remedy against User. The right of WNY to obtain any such equitable remedy shall be in addition to, and not in lieu of, each other right or remedy available to WNY under this Agreement or any applicable law.

  17. Third-Party Beneficiaries

    There are no third-party beneficiaries of this Agreement, and no provision of this Agreement can be enforced or relied upon by any third party.

  18. Miscellaneous

    This Agreement (a) inures to the benefit of, and is binding upon, User and WNY and each of User’s and WNY’s successors and assignees, except that User may not assign any of User’s rights or obligations under this Agreement without first obtaining the written consent of WNY, and (b) constitutes the entire agreement between User and WNY with respect to the subject matter of this Agreement, and supersedes all prior oral and written proposals, representations, understandings and agreements. Any attempt by User to assign to a third party any right or remedy hereunder will be null and of no effect. WNY may, in its sole discretion, assign or otherwise transfer this Agreement to a third party (including, but not limited to, an affiliate of WNY). To the extent there is any conflict or inconsistency between any provision of this Agreement and any provision contained on the Site (other than the Privacy Policy), the former will control.

User represents and warrants to WNY that User (1) has carefully read this Agreement, (2) is entering into this Agreement on User’s own behalf, and (3) has sufficient capacity to enter into this Agreement.

Website Terms of Use

These terms of use are an agreement between Hockey Western New York, LLC. (“WNY”) and each individual using www.buffaloworldjuniors.com (a “User”), a website made available by WNY (the “Site), and relate to User’s use of the Site (this “Agreement”).

  1. Acceptance

    User’s use of the Site is at all times subject to this Agreement, plus WNY’s privacy policy, a copy of which is posted on the Site (the “Privacy Policy”). User should read this Agreement carefully and be sure User understands it prior to using the Site. Any use of the Site by User is deemed to be irrevocable acceptance of this Agreement. If User does not agree to this Agreement, User should not use, and should immediately exit, the Site. For purposes of this Agreement, accessing the Site only to review this Agreement or the Privacy Policy is not deemed to be use of the Site.

  2. Information

    In using the Site, WNY may collect data and other information from User and User’s computer. All such data and other information will be handled by WNY as set forth in the Privacy Policy.

  3. Content

    All right, title and interest in any content (including, but not limited to, all intellectual property rights therein) made available through the Site (collectively “Content”) belongs to, or is licensed by, WNY, unless stated otherwise in writing by WNY. User may access and use any Content solely in connection with User’s authorized use of the Site, and for no other purpose; provided, however, that User may not, in any case, use any Content for any purpose prohibited by (a) WNY, in its sole discretion, after User receives notice of such prohibition, (b) this Agreement, or (c) any applicable law.

  4. Third-Party Vendors

    WNY may rely on third parties to provide products, services and content in connection with the Site or this Agreement (individually a “Third-Party Vendor”), and WNY will have no responsibility or liability with respect to any Third-Party Vendor or any Third-Party Vendor’s products, services or content. A Third-Party Vendor may impose additional terms upon User’s use of such products, services and content, and User will be bound by such terms. If User desires to receive a copy of such terms, User should request one in writing from WNY as set forth in Section 15 or directly contact such Third-Party Vendor.

  5. User's Responsibilities

    User is solely responsible and liable for (a) obtaining and maintaining all third-party equipment, software and services necessary to use the Site, (b) protecting access to, and security of, all equipment, software and services used to connect to the Site, (c) performing all of User’s obligations pursuant to this Agreement, (d) obtaining and maintaining appropriate licenses and rights for use of any third-party products (including, but not limited to, web-browser software), equipment or services in connection with using the Site, and for paying all fees associated therewith, (e) promptly reporting to WNY in writing any defect or error in, shortcoming of, and other problem with, the Site, (f) User’s compliance with all applicable law in connection with all matters for which User is responsible hereunder and User’s use of the Site, and (g) obtaining from any third party any required approval, authorization, consent, license, permission and permit to use the Site as contemplated herein.

  6. Right to Monitor

    WNY may monitor User’s use of the Site to confirm that User is complying with User’s obligations pursuant to this Agreement or for other legitimate business purposes; provided, however, that WNY has no obligation to do so and any such monitoring will be at WNY’s sole discretion. WNY will have no liability to User or any third party in connection with its monitoring (or not monitoring) such use.

  7. Third-Party Sites

    The Site may contain links to, or may be accessible through links on, other websites that are not maintained by WNY. WNY is not responsible for any content contained on, or otherwise with respect to, such other websites. No link from the Site to another website, or from another website to the Site, is an endorsement, sponsorship or recommendation by WNY of such other website and links are provided only for User’s convenience. WNY will have no responsibility or liability to User or any third party arising from any link between the Site and another website.

  8. Idemnification

    User shall indemnify, defend and hold harmless WNY from all costs, damages, expenses, fines, liabilities, losses, penalties and other payments (including, but not limited to, fees and disbursements of counsel to WNY) resulting from, or relating to, (a) User’s failure to perform any obligation or assume any responsibility pursuant to this Agreement, (b) any warranty or representation made by User in this Agreement being untrue or misleading in any respect, (c) any unauthorized use of the Site by User, (d) any products, services or content of Third-Party Vendors, or (e) except to the extent WNY is grossly negligent or engages in intentional misconduct, any action taken, or not taken, by User or any third party in reliance on the Site or any other use of the Site.

  9. Warranty Disclaimer

    THE SITE IS MADE AVAILABLE TO USER “AS IS” AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, WNY DISCLAIMS All IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).

    Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to User.

  10. Limitation of Liability

    WNY WILL NOT BE LIABLE TO USER OR ANY THIRD PARTY WITH RESPECT TO THE SITE, THIS AGREEMENT OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES. EXCEPT ONLY IN THE CASE OF ANY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY WNY, IN NO EVENT WILL ANY LIABILITY OF WNY WITH RESPECT TO THE SITE, THIS AGREEMENT OR OTHERWISE EXCEED THE LESSER OF (A) ALL DIRECT DAMAGES ACTUALLY INCURRED BY USER OR (B) $100. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT), EVEN IF THE POSSIBILITY OF ANY DAMAGES SHOULD HAVE BEEN FORESEEN BY WNY, AND EVEN IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

    Some jurisdictions do not allow the limitations or exclusions of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to User.

  11. Severability

    Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law. If, however, any such provision is prohibited by or invalid under such law, it will be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it will be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this Agreement, being prohibited or invalid.

  12. Revisions

    WNY may revise any provision of this Agreement from time to time by (a) posting the revised provision so that it is accessible to User on the Site, or (b) notifying User of the revised provision in an email message or other notice sent to User at the address for User in WNY’s records. Any such revision will be effective immediately upon the earlier of such posting, sending such email message or five days after such notice is placed in regular mail, with postage prepaid, as set forth in this Section. User is responsible for periodically checking this Agreement on the Site for revisions to this Agreement. Any other revision to this Agreement must be in a writing signed by WNY and User.

  13. Disputes

    This Agreement shall be governed by, and interpreted and enforced in accordance with, the laws of the State of New York, without regard to its principles of conflict of laws. Any complaint of User relating to the Site or this Agreement must first be submitted to WNY as set forth in Section 15, and WNY must be given a reasonable opportunity of not less than 30 days to investigate and respond to such complaint. Upon WNY’s completing such investigation and so responding, User and WNY must then attempt, in good faith, to promptly resolve any remaining aspects of such complaint. If any aspect of such complaint remains unresolved after an additional reasonable period of not less than 30 days, and User desires to pursue other remedies, User may, within one year after WNY received User’s initial complaint, only commence a lawsuit against WNY in connection with the unresolved portion of such complaint in a court located in Erie County, New York, and having subject matter jurisdiction over such complaint. User consents to any such court being a proper venue for such complaint, and waives any right to object to such court being an improper venue, whether for inconvenience or otherwise. If any such lawsuit is commenced as set forth herein, User (a) waives any right to a jury trial, (b) consents to all findings of fact being determined by the presiding judge, and (c) waives any right to bring or join any claim against WNY as a member or other participant in any class action or other similar form of litigation.

  14. Notices

    User must send notices to WNY relating to the Site or this Agreement at webmaster@buffaloworldjuniors.com. Any such notice will be effective upon actual receipt by WNY. WNY may send notices to User relating to the Site or this Agreement through e-mail, regular mail or a general posting on the Site. Any such notice from WNY will be effective (a) immediately upon WNY’s sending such notice to the address it has in its records for User in the case of e-mail, (b) five days after WNY’s sending such notice to the address it has in its records for User, with postage prepaid, in the case of regular mail, and (c) immediately upon User’s entering the Site after such notice is posted on the Site.

  15. Waivers

    No failure of WNY to exercise, and no delay by WNY in exercising, any right or remedy under this Agreement shall be a waiver of such right or remedy. No waiver of any such right or remedy shall be effective unless made in a writing signed by WNY, and specifically referring to each such right or remedy being waived.

  16. Equitable Remedies

    User acknowledges that a remedy at law will be inadequate if User violates any provision of Section 3, 5, 6, 13, 14, 17, 18 or 19, and if WNY reasonably believes User has violated any such provision, User consents to WNY’s obtaining from a court having jurisdiction an injunction, a restraining order, specific performance or other equitable remedy against User. The right of WNY to obtain any such equitable remedy shall be in addition to, and not in lieu of, each other right or remedy available to WNY under this Agreement or any applicable law.

  17. Third-Party Beneficiaries

    There are no third-party beneficiaries of this Agreement, and no provision of this Agreement can be enforced or relied upon by any third party.

  18. Miscellaneous

    This Agreement (a) inures to the benefit of, and is binding upon, User and WNY and each of User’s and WNY’s successors and assignees, except that User may not assign any of User’s rights or obligations under this Agreement without first obtaining the written consent of WNY, and (b) constitutes the entire agreement between User and WNY with respect to the subject matter of this Agreement, and supersedes all prior oral and written proposals, representations, understandings and agreements. Any attempt by User to assign to a third party any right or remedy hereunder will be null and of no effect. WNY may, in its sole discretion, assign or otherwise transfer this Agreement to a third party (including, but not limited to, an affiliate of WNY). To the extent there is any conflict or inconsistency between any provision of this Agreement and any provision contained on the Site (other than the Privacy Policy), the former will control.

User represents and warrants to WNY that User (1) has carefully read this Agreement, (2) is entering into this Agreement on User’s own behalf, and (3) has sufficient capacity to enter into this Agreement.