Terms of Use

BUCKMAN’S.COM SITES TERMS & CONDITIONS

IMPORTANT - PLEASE READ THE FOLLOWING TERMS OF USE ("TERMS") CAREFULLY BEFORE CONTINUING!

These Terms govern the relationship and serve as a legally binding agreement between you and Buckman's Inc. ("Buckman’s", "we", "our", or "us") and set forth the terms and conditions by which you may access and use Buckmans.com ("Buckmans.com") and all other websites owned and/or provided by Buckman’s (collectively, the "Sites"), and all products, content, services, and features offered thereon (collectively, the "Services"). By accessing or using any of the Sites or Services, you expressly acknowledge that you have read, understand, accept and agree to be bound by these Terms, which form a binding agreement ("Agreement") between you and Buckman’s. If you do not agree to these Terms, do not access or use the Sites or Services. Your use of the Sites is conditioned on your acceptance without modification of these Terms.

These Terms apply across Buckman’s family of websites and digital properties. Specific features or offerings may be available only on certain Sites; where that is the case, additional or site-specific terms posted on the applicable Site also apply and are incorporated into these Terms.

By clicking "I Agree," selecting a relevant box to indicate your acceptance of these Terms, creating an account on any of the Sites or by using any of the Sites in any way, you (as a "User") expressly acknowledge that you have read, understand, accept and agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITES.

ARBITRATION NOTICE: IF YOU DO NOT OPT OUT OF ARBITRATION AS OUTLINED IN SECTION XIV OF THESE TERMS, YOU CONSENT TO RESOLVING DISPUTES BETWEEN YOU AND US, OR YOU AND OUR SERVICE PROVIDERS RELATED TO THESE TERMS, THROUGH BINDING, INDIVIDUAL ARBITRATION. BY AGREEING TO THIS, YOU RELINQUISH YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS DETAILED FURTHER IN SECTION XIV.

I. MODIFICATIONS

The Services undergo continuous development, and we retain the right to amend or eliminate any portion of these Terms at any time and in our sole discretion, without prior notification.  You are therefore responsible for regularly reviewing these Terms. Should these Terms change materially, we will post notice of modifications to these Terms as an email, and/or notice in the Terms.  If you do not agree to any modified terms, you must stop all use of the Services. Unless specified otherwise, any new content, services, or features incorporated into the Services is bound by these Terms upon its posting on the Sites. Your continued use of the Services following the posting of any changes to these Terms signifies your acceptance of the modified Agreement.

II. PRIVACY & SECURITY

A. Personal Information

Your use of the Sites and Services is subject to our Privacy Notice, a copy of which can be found at HERE, which describes how we collect, use, disclose, and safeguard information.  By using the Sites and Services, you consent to all actions taken by us with respect to your information in compliance with our Privacy Notice.

B. Children’s Privacy

The Sites and Services are not intended for children under 13 years of age. We do not knowingly collect, use, or disclose personal information from children under 13. If you are under 13, do not use or provide any information on the Sites or through any of its features, register on the Sites, make any purchases, or provide any information about yourself to us, including your name, address, telephone number, or email address. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. By using the Sites, you represent and warrant that you are at least 13 years of age and meet all other eligibility requirements. If you believe we might have any information from or about a child under 13, please contact us HERE. Parents or legal guardians who believe that we may have collected personal information from a child under 13 may request removal of such information by contacting us at HERE.

III. ELIGIBILITY; ACCOUNTS; SECURITY

To access certain features, you may be required to create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree not to misrepresent your identity or create an account for anyone other than yourself without authorization. Notify Buckman’s immediately of any unauthorized use of your account.

IV. PERMITTED USE; RESTRICTIONS

By accessing or using the Sites or any feature provided through the Sites, you agree to abide by the following standards of conduct.  You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to:

• Use the Sites in breach of these Terms;
• Reproduce, modify, copy, distribute, transmit, display, perform, publish, create derivative works from, transfer, sell, resell or exploit for any commercial purposes, any portion of the Sites or its contents, without express written permission by us;
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• Impersonate another person or entity;
• Introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the Sites;
• Gain unauthorized access to any computer system or nonpublic portion of the Sites or interfere with or disrupt the Sites, servers, or networks connected to the Sites;
• Engage in, encourage, advocate, provide instructions for or discuss with the intent to commit conduct that would constitute a criminal or civil offense or otherwise violate any federal, state, local, or international law or regulation.
• Transmit unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise inappropriate content;
• Remove legal notices or attributions from uploaded content;
• Misuse communication features to disrupt others’ use; or
• Register or subscribe others without authorization;
• Post or upload any content or data, which is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening;  promotes or condones hate, discrimination, abuse, intolerance, terrorism, or violence in any manner, either directly or indirectly; otherwise violates any applicable law or promotes the violation of any law;
• Offer goods or services, or post or upload Materials (“Materials” include photos, images, videos, graphics, written content, audio files, code, information, or data) that exploit or abuse children, including, but not limited to, images or depictions of child abuse or sexual abuse, or that present children in a sexual manner;
• Post or upload any Materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords (unless you have explicit consent from the person to whom the information belongs or who is otherwise authorized to provide such consent);

Buckman’s is not liable and has no responsibility to you or to any third party for any loss or damage caused by, arising out of, or resulting from your unauthorized conduct under these Terms. Buckman’s reserves the right to investigate and respond to actual or suspected violations of this Agreement by taking appropriate lawful actions, including suspending or terminating access to the Sites and Buckman’s User Accounts. Except as provided in the Privacy Notice or prohibited by law, Buckman’s may disclose information as necessary to comply with legal obligations or governmental requests, or to exercise discretion in moderating submissions and content on the Sites.  

A. Software

You acknowledge that these Terms & Conditions govern your use of any software offerings and applications owned or provided by Buckman’s and/or available on or through the Sites or any Buckman’s Sites (collectively, “Software”) provided by Buckman’s and/or made available through the Sites, whether or not there are license agreements and/or end-user agreements. Unless otherwise agreed in writing, you acknowledge that (1) your use of the Software shall be only for personal and/or noncommercial purposes; (2) you shall not attempt to alter or modify the Software; (3) you shall not reverse engineer, decompile, or otherwise attempt to gain access to the source code for the Software; (4) you shall not attempt to circumvent or disable the Software or its intended purpose; and (5) you shall not copy, sublicense, assign, transfer, distribute, transmit or otherwise use the Software without the prior written consent of Buckman’s.

B. Services Offered

Buckman’s may change or eliminate Services offered on or through the Sites at any time without notice. Buckman’s makes no representation that any Services are available for use in your location, and a reference to Services on the Sites does not imply that the Services will be available to you and/or in your location.

C. Accessibility Statement

Buckman’s strives to maintain its Sites and Services in accordance with applicable accessibility laws, including the Americans with Disabilities Act and recognized guidelines such as WCAG 2.1 Level AA. If you encounter accessibility barriers, please contact us using the contact information posted on the Sites. We will make reasonable efforts to address your concern and provide accessible alternatives where feasible.

V. COMMUNICATIONS

By accepting this Agreement, you acknowledge and agree that you may receive from Buckman’s email communications to the email address you provide, including for marketing purposes. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by clicking on the “unsubscribe” link in each email. However, we will continue to send you service-related messages. When you visit the Sites or send emails to us, you are communicating with us electronically. We may in our discretion communicate with you electronically, including but not limited to, by posting notices on the Sites or by responding to your email. You agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that communications be in writing. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

The Sites may offer live chat and other communications features. You consent to receive communications, including service, transactional, and informational messages, at the contact information you provide. Standard message and data rates may apply for SMS. Communications through live chat or other channels may be recorded or monitored for quality and support.

VI. ONLINE STORE; PRODUCTS; ORDERS; PAYMENTS

A. Product Information and Availability

We strive to display accurate product information, pricing, images, and availability, but errors may occur and information may change without notice. The display of products or services does not guarantee availability.

B. Orders and Acceptance

To place an order you must be 18 years of age or over, be accessible by telephone and/or have a valid email address. By placing an order, you make an offer to purchase the selected products or services in accordance with these Terms. We reserve the right to accept or reject any order for any reason, including but not limited to product or service unavailability, errors in pricing or product information, or suspected fraud. If we cancel your order after your payment has been processed, we will issue a refund for the amount paid.  We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

C. Pricing and Payment

Prices are listed in U.S. dollars and exclude taxes, shipping, and handling unless otherwise indicated. Applicable taxes, shipping, and/or handling charges will be added to your total at checkout. We use third-party payment processors to collect and process payments. By submitting payment information, you authorize us and our third-party payment processors to charge your payment method for the total amount of your order. Your payment information will be handled in accordance with our Privacy Notice and the applicable third-party processor’s terms.

D. Shipping, Delivery, Risk of Loss; Order Tracking

Shipping and delivery dates are estimates and are not guaranteed. Title and risk of loss pass to you upon our delivery of products to the carrier. You are responsible for filing claims with the carrier for lost or damaged shipments. The Sites may provide an order tracking feature or link (“Track order”) to allow you to view the status of your orders.

Order tracking information is provided for your convenience and is based on data supplied by third-party carriers or service providers. Buckman’s strives to ensure that order tracking information is accurate and up to date; however, we do not guarantee the accuracy, completeness, or timeliness of tracking information displayed on the Sites. Actual delivery times and order status may vary due to carrier delays or other factors beyond our control. Buckman’s is not liable for any loss or damage arising from reliance on order tracking information. If you have questions or concerns about your order status, please contact Buckman’s customer service directly.

E. PFAS Shipping Policy; Additional Posted Policies

Buckman’s Per- and Polyfluoroalkyl Substances (“PFAS”) Shipping Policy and any other operational policies posted on the Sites are incorporated by reference and may be updated from time to time. Please review the Sites for the most current versions. Your continued use of the Sites or Services constitutes acceptance of any updated policies.

F. Returns, Refunds, and Policies on the Sites

Our return and refund policies (including any Site-specific policies) are posted on the applicable Sites and may be updated from time to time. Your purchases are subject to the then-current policies at the time of your request. Certain products may be non-returnable or subject to additional restrictions.

G. Promotions and Deals

From time to time we may offer promotions, discounts, or other offers subject to their stated terms and the terms posted on the Sites. Promotions may be modified, suspended, or terminated at any time. Promotions may not be combined unless expressly permitted.

H. Price Match Guarantee

Buckman’s may offer a price match guarantee subject to the exclusions, eligibility requirements, and procedures posted on the Sites. Those terms are incorporated by reference and may be updated from time to time. Your continued use of the Sites or Services constitutes acceptance of any updated policies.

I. Product Use and Restrictions

Products and services purchased through the online store are for personal, non-commercial use only, unless otherwise expressly permitted. You agree not to resell, distribute, or otherwise use products or services for commercial purposes without our prior written consent. Violation of this provision may result in cancellation of your order, suspension or termination of your account, and other remedies available to Buckman’s under law.

J. Manufacturer Warranties; Performance Guarantee

Some products are accompanied by manufacturer warranties, and certain Sites may present a performance guarantee. Any such warranties or guarantees are as stated on the applicable product page and/or policy pages on the Sites and are incorporated herein by reference. Buckman’s may assist with warranty claims in its discretion, but manufacturer warranties are the responsibility of the manufacturer.

VII. SKI EQUIPMENT RENTALS; RENTAL INFORMATION

Buckman’s may advertise or provide information about ski equipment rentals on the Sites. Please note that all ski equipment rentals are available exclusively at Buckman’s retail store locations and cannot be reserved, purchased, or completed through the Sites. Any guides, recommendations, or information regarding ski equipment rentals provided on the Sites are for general informational purposes only and do not constitute an offer to rent or guarantee the availability of specific equipment, pricing, or terms.

To rent ski equipment, you must visit a participating Buckman’s retail store in person and comply with all in-store rental policies, procedures, and eligibility requirements, which may include providing valid identification, signing a rental agreement, and meeting age or other criteria. Rental terms, pricing, equipment availability, and other conditions are determined at the time of rental in-store and may vary by location.

Buckman’s strives to ensure that the information and guides related to ski equipment rentals on the Sites are accurate and up to date; however, Buckman’s does not warrant or guarantee the accuracy, completeness, or current availability of any rental-related information provided online. Buckman’s is not liable for any reliance on such information or for any discrepancies between online content and in-store rental terms or availability.

For specific questions about ski equipment rentals, including current availability, pricing, or rental policies, please contact your local Buckman’s retail store directly.

VIII. DISCOUNTED LIFT TICKETS; REFUNDS

Buckman’s may offer discounted lift tickets from third-party ski resorts. These tickets are subject to the third-party resort’s terms and conditions, and any Buckman’s refund policy posted on the Sites, which may be updated from time to time. Your purchase and use of discounted lift tickets constitute your acceptance of those policies. Buckman’s is not responsible for the acts or omissions of third-party resorts, including changes to availability, blackout dates, or resort operations.

IX. GIFT CARDS (RETAIL STORE USE ONLY)

Buckman’s may offer Buckman’s-branded gift cards designated for retail store use only. Such gift cards are not redeemable online unless expressly stated. Gift cards are not reloadable, cannot be redeemed for cash except as required by law, and cannot be used to purchase other gift cards unless expressly permitted. Treat gift cards like cash; lost or stolen cards will not be replaced except as required by law. Additional gift card terms posted on the Sites apply.

X. PROPRIETARY RIGHTS AND LICENSES

The Sites and their entire contents, features, and functionality, including but not limited to Software, text, displays, graphics, images, and other materials generated by or within the Sites (collectively, “Content”) are the sole property of Buckman’s, its affiliates, service providers, or other licensors and are protected by the copyright and other laws, both in the United States and in other countries. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, service marks, logos, and trade secrets in the Sites and the Content are owned by Buckman’s or its licensors or providers.  Neither these Terms, nor your access to or use of the Sites, transfers to you or any third-party any rights, title, or interest in or to such intellectual property rights.

A. Trademarks

The trademarks, service marks and logos (“Marks”) used in the Sites are owned by Buckman’s or its providers or licensors.  The owner of the Marks holds exclusive rights to the Marks. You must not use any Marks without the prior written consent of Buckman’s or the owner of the Marks. Buckman’s Marks identify Buckman’s products and services and indicate their source to the public. You are strictly prohibited from using any Buckman’s Mark without Buckman’s prior written consent, including but not limited to:

• Using the Marks in any manner likely to cause confusion;
• Using the Marks to identify your own products or services;
• Incorporating the Marks, in whole or in part, into your own trademarks, service marks, or business names;
• Using the Marks in a way that falsely suggests sponsorship, endorsement, or affiliation with Buckman’s or its products, services, or activities;
• Using the Marks in any manner that disparages, dilutes, or otherwise harms the reputation or distinctiveness of the Marks;
• You may not display, reproduce, or otherwise use the Marks for any purpose without express, prior written permission from Buckman’s. To request permission, please email [copyright@Buckman’s.com]. Buckman’s will review your request and respond as appropriate. Any unauthorized use of the Marks is strictly prohibited and may violate federal and state trademark laws.

B. Third-Party Content; Social Media; YouTube and External Links

The Sites may include links to third-party websites and social media platforms (such as Facebook, Twitter, Instagram, and YouTube) and may embed third-party videos or widgets. These third parties are not controlled by Buckman’s, and their sites and services are subject to their own terms and privacy policies. Your interactions with third-party content and platforms are solely between you and the third party, and Buckman’s is not responsible or liable for third-party content, services, or practices. Any permissions to tag, share, or feature your social content referencing Buckman’s are subject to the applicable platform’s terms and any rights you grant to Buckman’s under these Terms. Please note that our Privacy Notice does not apply to third-party Sites or social media platforms. We encourage you to review the privacy policies of any third-party sites you visit.

BUCKMAN’S SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF, INTERACTIONS WITH, OR RELIANCE ON ANY THIRD-PARTY CONTENT, OFFERINGS, PRODUCTS, OR OTHER MATERIAL AVAILABLE ON THE SERVICES OR ON THIRD PARTY LINKED SITES. In the event of a dispute with any Third-Party, other user, or entity, you acknowledge that Buckman’s is not obligated to intervene, and you release and indemnify Buckman’s Parties, defined as including but not limited to all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from any third-party claims or damages arising from such disputes or Sites usage.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

C. Blogs, Articles, Opinions, and User Reposting

The Sites may include blogs, articles, and informational content on topics such as product care, ski and snowboarding techniques, sizing guides, and related opinions. Archives of such blogs and articles may be made available by year for reference purposes. Such content is provided for general informational purposes only and may include subjective views. It does not constitute professional advice or recommendations. Archived content may not reflect the most current information, practices, or recommendations, and Buckman’s does not guarantee the accuracy, completeness, or timeliness of any archived material. Users should verify that any information relied upon is current and applicable to their circumstances. Certain articles may be re-posted or shared by users for non-commercial purposes provided that any copyright or attribution notices are preserved, any embedded links are maintained, and the content is not altered or used in a misleading or defamatory manner. We may revoke permissions to repost at any time.

D. Your Submissions

You may be able to post, submit, upload, or otherwise make available content, including product reviews, comments, photos, or other materials (“User Content”). You represent that you own or have the necessary rights to submit User Content and that your User Content does not violate any third-party rights or applicable law. By submitting User Content, you grant Buckman’s a nonexclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display, and otherwise exploit such User Content in any media for any lawful purpose, with the right to sublicense. You waive any moral rights you may have in User Content to the extent permitted by law. Buckman’s may, but is not obligated to, moderate, remove, or refuse to display any User Content in its sole discretion. If you believe that any Submissions violate your rights or the rights of others, or is otherwise objectionable, please contact us at [email protected]. Buckman’s will review such reports and take appropriate action as determined in its sole discretion.

E. Notice and Procedure for Making Claims of Copyright Infringement (DMCA)

We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (DMCA).  If you believe that content or material on our Services is unlawfully infringing a copyright owned by you, and wish to have the allegedly infringing material(s) removed or access to it blocked, you must provide notice to our Copyright Agent at:

Buckman’s Inc.
Attention: Website Manager
105 Airport Road
Pottstown, PA 194646
Telephone: 610-495-7495
Email: [email protected]

Please ensure that your notice includes: (i) identification of the copyrighted work(s) claimed to have been infringed; (ii) identification of the supposedly infringing material that is to be removed; (iii) information reasonably sufficient to permit Us to locate the material on the Services; (iv) your address, telephone number, or email address; (v) a statement that you have a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law; (vi) a statement that, under penalty of perjury, the information in the notification is accurate and where relevant you are authorized to act on behalf of the copyright owner; and (vii) your physical or electronic signature.

A provider of content subject to a claim of infringement may make a counter¬ notification. To file a counter-notification with Us, please provide our Copyright Agent a notice containing the following: (i) identification of the supposedly infringing material that is to be removed; (ii) a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and (iv) the signature, physical or electronic, of you or a person authorized to act on your behalf.

We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter-notification, and inform the complaining party that we will restore the removed or disabled content within fourteen (14) business days. If we do not receive notice that a lawsuit has been filed within fourteen (14) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time, the materials will remain removed or disabled. Before filing a copyright notification with Us, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine.  You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.

It is Buckman’s policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement.

XI. JOB APPLICATIONS

You may have the opportunity to apply for employment with Buckman’s or its affiliates through the Sites. By submitting a job application or related materials (such as a resume or cover letter) through the Sites, you acknowledge and agree to the following:

• Accuracy of Information: You represent and warrant that all information you provide in connection with your application is true, complete, and accurate to the best of your knowledge. You understand that providing false or misleading information may result in rejection of your job application or termination of employment if discovered at a later date.
• Use of Application Information: Information and materials you submit in connection with a job application will be used by Buckman’s and its affiliates for recruitment, hiring, and employment purposes, and may be shared with third-party service providers assisting with these processes. Your submission and our use of your information are subject to our Privacy Notice.
• No Guarantee of Employment: Submission of a job application or related materials does not guarantee that you will be offered employment or that your job application will be reviewed or considered. Buckman’s reserves the right to accept or reject any job application for any reason and to modify or remove job postings at any time without notice.
• Equal Opportunity Employer: Buckman’s is an equal opportunity employer. Employment decisions are made without regard to race, color, religion, sex, national origin, age, disability, veteran status, or any other protected status as required by applicable law.
• Consent to Contact: By submitting a job application, you consent to being contacted by Buckman’s or its representatives regarding your job application and potential employment opportunities.

XII. NO WARRANTIES; DISCLAIMERS; LIMITATION OF LIABILITIES

Buckman’s has taken all reasonable care that the information contained within the Services is accurate at the time of publication, however no representation or guarantee (including liability towards third parties), expressed or implied, is made as to its accuracy, reliability or completeness. YOUR USE OF THE SERVICES IS ON AN “AS IS” and “AS AVAILABLE” BASIS AND AT YOUR SOLE RISK, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND TERMS AND CONDITIONS OF MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. In particular, Buckman’s assumes no responsibility for, and makes no guarantees that (i) the Services will meet your requirements, (ii) services and functions on the Sites will be uninterrupted, timely, secure or error-free, (iii) results that may be obtained from the use of the Services will be accurate or reliable, (iv) defects will be corrected, or (v) the Sites or the servers that make them available will be free of viruses or other harmful elements. Any material downloaded or otherwise obtained through the use of the Sites is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BUCKMAN’S BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF BUCKMAN’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES ANY INFORMATION OR CONTENT MADE ACCESSIBLE THROUGH THE SITES, OR ANY SERVICES RENDERED OR PRODUCTS OFFERED BY BUCKMAN’S AND THIRD PARTIES WHETHER ARISING FROM WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES, LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL BUCKMAN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE APPLICABLE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. IF APPLICABLE LAW DOES NOT ALLOW US TO DISCLAIM IMPLIED WARRANTIES OR LIMIT OUR LIABILITY, THE SCOPE AND DURATION OF SUCH WARRANTIES, AND THE EXTENT OF OUR LIABILITY, WILL BE THE MINIMUM PERMITTED BY LAW. IN NO EVENT SHALL BUCKMAN’S BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY PURCHASE OR ATTEMPT TO PURCHASE MERCHANDISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WRITTEN NOTICE OF ANY CLAIM OR DISPUTE MUST BE PROVIDED TO BUCKMAN’S WITHIN ONE YEAR OF ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED.

These disclaimers and limitations apply to the fullest extent permitted by law and survive any termination of these Terms.

XIII. INDEMNIFICATION

As a condition of use of the Services, you agree to indemnify Buckman’s and its affiliates, directors, officers, employees, members, and agents from and against any and all liabilities, expenses (including, without limitation, attorneys’ fees and expenses) and damages arising out of or relating to claims resulting from: (i) your violation of these Terms; (ii) your use of the Services; (iii) your violation of applicable laws, regulations, or third-party rights; and (iv) your willful misconduct, fraud, or negligence. We reserve the right to assume control over the defense of any claim for which we are entitled to indemnification, and you agree to cooperate with us as reasonably requested in such matters. You agree not to settle any matter without the prior written consent of Buckman’s. This section survives termination.

XIV. MUTUAL DISPUTE RESOLUTION USING BINDING ARBITRATION (“ARBITRATION AGREEMENT”)

Should a dispute arise between you and us, we are committed to working with you to reach a reasonable resolution. You and Buckman’s agree that sincere informal efforts to resolve disputes can lead to a swift, cost-effective, and mutually beneficial outcome. Therefore, before either party commences arbitration against the other, you and Buckman’s will engage in a good-faith informal dispute resolution conference telephonically or via video conference to try to resolve any dispute covered by this arbitration agreement. If you are represented by legal counsel, your counsel may participate in the conference, but your participation is also required.

You and we mutually agree that any claim, dispute, or controversy arising between you and us, concerning Buckman’s, the Services, the Content, the Privacy Notice, or any other goods, services, or advertising by Buckman’s or any associated parties, including controversies regarding the applicability, enforceability, or validity of any provision of this Agreement (collectively referred to as “Disputes”), which is not resolved through an informal dispute resolution conference (as defined and described below), shall be resolved through confidential binding arbitration conducted by one arbitrator from the American Arbitration Association (“AAA”) with experience in resolving complex contract commercial-related claims mutually agreeable to the parties, rather than through litigation in court. The arbitration proceedings shall be held in Montgomery County, Pennsylvania.

The arbitration process will be governed by the AAA’s Consumer Arbitration Rules then in effect and, if deemed applicable by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes (collectively referred to as “Rules and Procedures”). If the parties are unable to agree on an arbitrator, then the parties agree that the American Arbitration Association will appoint an arbitrator who meets the requirements of this section upon application of a rank and strike process completed by the parties.

By agreeing to this Arbitration Agreement, you acknowledge that you are voluntarily waiving your right to a jury trial and to pursue a lawsuit in state or federal court, except as expressly provided herein. For the purposes of this Arbitration Agreement, “Dispute” also includes disputes arising from facts occurring before the existence of this or any prior versions of the Terms, as well as claims that may arise after the termination of these Terms.

The arbitrator shall give effect to statutes of limitation and governing law in this Agreement in determining any claim, and any controversy concerning whether this Agreement, an issue, or dispute hereunder is arbitrable shall be determined by the arbitrator. The arbitrator shall follow the governing law in reaching a reasoned decision and shall deliver a written opinion setting forth findings of fact, conclusions of law, and the rationale for the arbitrator’s decision. The decision of arbitration shall be final, binding, and conclusive upon the parties, and judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitrator shall have no authority to add to, detract from, or modify this Agreement or any applicable law in any respect. The arbitrator may not grant any remedy or relief greater than that sought by the parties. The confidentiality provisions of this Agreement shall apply to the claims and defenses in the arbitration proceeding. The opinion and arbitration hearing(s), proceeding(s) and filing(s), shall all remain confidential, except that final judgment upon the decision rendered by the arbitrator may be entered in any court having jurisdiction for purposes of confirming and enforcing such award. Any documents filed to enforce a decision of the arbitrator will be filed under seal or otherwise protected from public view. Any decision by the arbitrator shall not be interpreted as an admission against the interest of any party and shall not be admissible as evidence in any subsequent court action with a third party.

The arbitrator shall be authorized to and shall permit the prevailing party in any claim resolved pursuant to this Agreement to recover, in addition to any other damages or compensation awarded by the arbitrator, such prevailing party’s reasonable costs and expenses of such claim, including reasonable attorneys’ fees and the amount such prevailing party may have paid or be obligated to pay with respect to the fees of the arbitrator and the administrative costs of the arbitration. Notwithstanding the foregoing provisions of this section, and notwithstanding the arbitrator’s authority to issue injunctive relief, the parties are not required to arbitrate any issue for which injunctive relief is sought by any party hereto and both parties may seek injunctive relief in any federal or state court having competent jurisdiction.

The arbitrator shall have authority to award only (i) injunctive relief, (ii) money damages, (iii) specific performance, (iv) attorneys’ fees, costs and expert witness fees to the prevailing party, and (v) sanctions for abuse or frustration of the arbitration process.

YOU AGREE TO NOT BRING CLASS OR COLLECTIVE ARBITRATIONS, EVEN IF THE AAA PROCEDURES OR RULES WOULD OTHERWISE ALLOW THEM, AND AGREE THAT THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL SEEKING RELIEF AND TO THE EXTENT OF THEIR INDIVIDUAL CLAIM, AND NOT ON BEHALF OF ANY CLASS OR IN ANY REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY.

You have the option to opt out of the provisions of this Arbitration Agreement requiring arbitration of Disputes within thirty (30) days of initially agreeing to any version of this Agreement mandating arbitration of disputes with Buckman’s or any related parties. To opt-out, you must send your name, residential address, email address, and a clear statement expressing your desire to opt out of arbitration with the relevant party to: [email protected] ATTN: Arbitration Opt-Out. Opting out of this Arbitration Agreement does not affect any other arbitration agreements currently in place or entered into in the future with us or any other Buckman’s Parties.

Prior to initiating arbitration of a Dispute, you must provide us with a written Notice of Dispute containing your name, residential address, username (if applicable), email address associated with your Buckman’s User Account (if applicable), a detailed description of the Dispute, and the requested relief. Likewise, before commencing arbitration of a Dispute against you, we will provide you with a written Notice of Dispute detailing the Dispute and the relief sought. Any Notice of Dispute to us should be sent to Buckman's Inc ATTN: Dispute Notice 105 Airport Road, Pottstown, PA 19464.

Except as specified above, if any part of this Arbitration Agreement is found to be invalid or unenforceable under the law, such part shall be severed, and the remainder of the Arbitration Agreement shall remain in full force and effect.

XV. GOVERNING LAW, SEVERABILITY, VALIDITY OF TERMS

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Pennsylvania, excluding its conflict of law rules. If any claim is determined not to be subject to arbitration, the exclusive jurisdiction and venue for proceedings concerning such claim, as well as for any action challenging the enforceability of these Terms in whole or in part, shall be the federal or state courts of competent jurisdiction sitting within Pennsylvania, and the parties hereby waive any argument that such forum or any court within it does not have personal jurisdiction and any argument that the forum is not appropriate or convenient.

Every aspect of this Agreement shall apply to the fullest extent permitted by law. Our failure to enforce any provision of this Agreement does not relinquish our right to do so in the future. Both parties agree that if any part of this Agreement cannot be enforced as written, it shall be substituted with terms that most accurately reflect the intent of the unenforceable part, to the extent permitted by law. Unless otherwise stated in this Agreement, the invalidity of any part shall not affect the validity and enforceability of the remaining provisions. Section headings are provided for convenience and do not carry legal weight.

XVI. FORCE MAJEURE

Buckman’s shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, supply chain disruptions, or governmental actions, or failures, outages, or interruptions of third-party communications, utility, or technology providers (including, but not limited to, internet service providers, hosting services, cloud computing platforms such as Amazon Web Services (AWS), or other third-party infrastructure providers). In the event of such an occurrence, Buckman’s performance under these Terms shall be excused for the duration of the delay or inability to perform.

XVII. TERMINATION

We may suspend or terminate your access to the Sites or Services at any time, with or without notice, for any reason, including suspected violations of these Terms, termination of agreements with service providers, or discontinuation of products or services. You may terminate at any time by discontinuing use of the Sites and Services and, if applicable, deleting your account. Certain provisions of these Terms survive termination.

XVIII. SURVIVAL; WAIVER

If Buckman’s does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Buckman’s has the benefit of under any applicable law), this will not be taken to be a formal waiver of Buckman’s rights and that those rights or remedies will still be available to Buckman’s. Any provision of these Terms that by its nature should survive termination of these Terms or your use of the Products or Services will survive such termination, including but not limited to provisions regarding intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.

No waiver by Buckman’s of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Buckman’s to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. 

XIX. INTERNATIONAL USE; COMPLIANCE

The Sites are hosted in the United States and intended for users located in the United States.  Accessing the Sites from jurisdictions where the content or Services are illegal is prohibited.  You agree to comply with all applicable laws, including export control laws, when using the Sites and Services.

XX. CONTACT INFORMATION

If you have additional questions or comments of any kind, or if you see anything on the Sites that you think is inappropriate, please let us know by sending your comments or requests to: via email at [email protected].