Terms of Use

1. Contact Information

Buffalo Digital Advertising
14 Lafayette Square
Buffalo, NY 14203

Phone: 716-203-1777
Email: info@buffalodigitaladvertising.com
Website: https://buffalodigitaladvertising.com

2. Website Purpose

The Website provides general information about Buffalo Digital Advertising and services that may include:

• Digital advertising strategy
• Search advertising
• Search engine optimization
• Social media advertising
• Streaming television and video advertising
• Programmatic display, video and audio
• Geofencing and location-based advertising
• Website design and development
• Retargeting
• Email marketing
• Audience targeting
• Campaign measurement and reporting
• Lead-generation services
• Marketing consultation

Website content is provided for general informational and marketing purposes.

Accessing the Website, downloading information or submitting an inquiry does not create a client, agency, consulting, fiduciary, confidential or professional relationship.

A client relationship begins only when the parties enter into a written agreement or otherwise clearly agree in writing to an engagement.

3. Eligibility and Authority

You must be at least 18 years old to use the Website.

If you use the Website on behalf of a company, organization or other legal entity, you represent that you have authority to act for that entity and bind it to these Terms where legally permitted.

You may not use the Website if doing so would violate applicable law or another binding obligation.

4. No Marketing or Performance Guarantee

Website content may discuss advertising methods, campaign strategies, business opportunities, performance indicators or possible outcomes.

Unless stated in a signed client agreement, we do not guarantee:

• Leads
• Sales
• Revenue
• Return on investment
• Return on advertising spend
• Search rankings
• Website traffic
• Conversion rates
• Advertising delivery
• Audience size
• Cost per lead
• Cost per acquisition
• Market share
• Platform approval
• Campaign profitability
• Any specific business result

Advertising and marketing results depend on many factors outside our control, including:

• Budget
• Offer strength
• Pricing
• Competition
• Market demand
• Seasonality
• Website quality
• Sales follow-up
• Client operations
• Creative quality
• Platform policies
• Auction conditions
• Audience availability
• Consumer behavior
• Tracking limitations
• Economic conditions
• Legal and regulatory requirements

Any forecast, estimate, benchmark, projection, example or case study is provided for context. It is not a promise that another campaign will produce the same result.

Past performance does not guarantee future performance.

5. Case Studies, Testimonials and Examples

The Website may include client examples, testimonials, campaign summaries or descriptions of prior work.

Results shown may reflect a specific client, market, budget, period, offer and set of campaign conditions. They should not be treated as typical or guaranteed unless the Website clearly states otherwise and the claim is supported.

Testimonials reflect the views or experiences of the people providing them. They do not guarantee that every client will have the same experience.

We may edit testimonials for length, grammar or clarity without changing their intended meaning.

6. Website Information Is Not Professional Advice

Website content does not constitute legal, tax, accounting, financial, investment, cybersecurity or regulatory advice.

Digital advertising may be affected by laws, regulations, contracts, platform rules and industry requirements that vary by business, location, audience and service.

You are responsible for obtaining qualified professional advice concerning matters such as:

• Privacy
• Consumer protection
• Advertising disclosures
• Sweepstakes and promotions
• Intellectual property
• Industry licensing
• Healthcare advertising
• Financial advertising
• Political advertising
• Employment advertising
• Housing advertising
• Alcohol, cannabis and regulated products
• Children's information
• Text messaging
• Email marketing
• Accessibility
• Data security

Do not rely on general Website content as a substitute for advice concerning your specific circumstances.

7. Advertising Platform and Publisher Terms

Digital campaigns may use services operated by third parties, including search engines, social media companies, streaming platforms, publishers, data providers, demand-side platforms, exchanges, email providers and analytics companies.

These third parties control their own:

• Policies
• Review processes
• Ad approvals
• Inventory
• Auctions
• Pricing
• Targeting options
• Reporting methods
• Attribution methods
• Data access
• Account rules
• Suspension decisions
• Technical systems

We do not control or guarantee the continued availability, accuracy or operation of any third-party platform, inventory source or feature.

A platform may reject, restrict, pause, suspend or remove advertising or accounts. It may also change its policies, pricing, data, targeting, reporting or technical requirements without notice to us.

We are not responsible for a third party's independent actions, outages, reporting errors, account restrictions or policy changes, except to the extent a signed client agreement expressly states otherwise.

Clients and Website users must also comply with the terms and policies of any third-party platform they use.

8. Data, Reporting and Attribution

Advertising and analytics reports may rely on data supplied by advertising platforms, publishers, analytics tools, browsers, devices, data providers, clients and other third parties.

Reporting systems may use different attribution windows, identity methods and measurement rules. As a result:

• Platforms may report different totals
• A conversion may be credited to more than one channel
• Some activity may not be tracked
• Cookie restrictions may reduce measurement
• Browser and device controls may limit data
• Offline sales may not be connected to advertising
• Modeled results may include estimates
• Location and audience data may not identify every user accurately
• Reporting may change after invalid traffic or attribution adjustments

We do not guarantee that every impression, click, visit, lead, call, sale or conversion will be measured or attributed perfectly.

Website users should not treat a single platform report as an audited financial record.

9. Audience and Location Data

The Website may describe audience targeting, geofencing, retargeting, demographic targeting, behavioral targeting, people-based targeting or location measurement.

Audience and location data may be supplied, modeled or inferred by third-party providers.

Such data may:

• Be approximate
• Be grouped into categories
• Contain errors
• Change over time
• Depend on device or application permissions
• Exclude users who limit tracking
• Be subject to minimum audience thresholds
• Be unavailable for certain industries or uses

Nothing on the Website promises access to a specific individual, household, audience segment or location record.

We may refuse any proposed targeting practice that appears unlawful, discriminatory, misleading, unsafe or inconsistent with platform rules or professional standards.

10. Client Responsibilities

When a Website user becomes a client, the client remains responsible for the accuracy, legality and authorization of materials and instructions it provides.

Unless a signed agreement states otherwise, the client is responsible for:

• Product and service claims
• Pricing and promotional terms
• Required licenses
• Offer availability
• Contest and sweepstakes rules
• Disclosures
• Disclaimers
• Intellectual property rights
• Privacy notices
• Consent requirements
• Customer lists
• Audience files
• Testimonials
• Images and videos
• Landing-page content
• Regulatory approvals
• Legal review
• Final approval of advertising materials

Client approval does not require us to publish material that we reasonably believe is unlawful, deceptive, infringing, discriminatory, unsafe or prohibited by a platform.

Specific duties, approval procedures, payment terms and campaign responsibilities must be defined in the applicable client agreement.

11. Intellectual Property

The Website and its original content are owned by Buffalo Digital Advertising, its licensors or the identified content owner.

Protected materials may include:

• Business names
• Logos
• Branding
• Text
• Graphics
• Photography
• Videos
• Reports
• Whitepapers
• Presentations
• Case studies
• Data visualizations
• Calculators
• Campaign methods
• Templates
• Designs
• Website layouts
• Source code
• Downloadable files
• Marketing materials
• Proprietary processes

These materials may be protected by copyright, trademark, contract and other laws.

We grant you a limited, revocable, nonexclusive and nontransferable right to view the Website and download materials expressly offered for personal or internal business review.

You may not reproduce, modify, publish, sell, sublicense, distribute or commercially exploit Website content without written permission from the applicable owner.

No ownership right is transferred through your use of the Website.

12. Prohibited Scraping and Automated Use

Unless we provide written permission, you may not:

• Scrape, crawl, spider, harvest or systematically extract Website data
• Use bots, scripts or automated agents to copy Website content
• Republish Website content in another database or service
• Train, test or improve a commercial artificial intelligence model using Website content
• Create derivative data products from Website materials
• Mirror, frame or embed a material part of the Website
• Bypass rate limits or technical controls
• Circumvent access restrictions
• Remove ownership or attribution notices
• Use Website content to build a competing service
• Use automated systems in a way that burdens Website infrastructure

Ordinary indexing by public search engines is permitted subject to our technical instructions and access controls.

Permission for one use does not create permission for future or broader use.

13. Trademarks

Buffalo Digital Advertising's name, logos, slogans, service names and other brand elements may be protected trademarks or service marks.

You may not use them in a way that:

• Suggests sponsorship or endorsement
• Creates confusion about affiliation
• Misrepresents your relationship with us
• Promotes a competing service
• Damages or dilutes the brand
• Violates applicable law

Written permission is required for commercial use.

Other names and trademarks appearing on the Website belong to their respective owners.

14. Materials You Submit

You are responsible for information and materials you submit through the Website.

You represent that:

• The information is accurate to the best of your knowledge
• You have authority to provide it
• The submission does not violate another person's rights
• It is not unlawful, deceptive, defamatory or infringing
• It does not contain malicious code
• It does not include sensitive information that should be sent through a secure method

Submitting information does not require us to accept you as a client, prepare a proposal, provide services or maintain the information indefinitely.

15. Confidential Information

A general Website form does not create a confidential or fiduciary relationship.

Do not send trade secrets, passwords, payment-card data, protected health information, Social Security numbers or other highly sensitive information through an ordinary form or email.

Information submitted before a written confidentiality agreement is in place may not be treated as confidential unless required by law or expressly agreed in writing.

Existing clients should use approved secure systems when instructed.

16. Communications

When you provide contact information, you authorize us to respond to your inquiry using the contact method provided.

Submitting a general inquiry does not automatically enroll you in recurring promotional text messages.

Marketing email and text communications will remain subject to applicable consent and opt-out requirements.

You may opt out of promotional emails using the unsubscribe link or by contacting us.

Operational, transactional, contractual and legally required communications may still be sent when applicable.

17. Acceptable Use

You may not use the Website to:

• Violate a law or regulation
• Misrepresent your identity or authority
• Submit false or fraudulent information
• Harass, threaten or impersonate another person
• Send spam or unauthorized solicitations
• Transmit discriminatory, defamatory, obscene or unlawful material
• Infringe intellectual property, privacy or publicity rights
• Upload malware or harmful code
• Probe or test Website security without permission
• Access systems or data without authorization
• Interfere with Website performance
• Overload Website infrastructure
• Collect information about other users
• Use the Website for unlawful surveillance
• Facilitate deceptive advertising
• Engage in conduct that harms us, our clients or other users

We may block, restrict or report activity that appears abusive, unlawful or unsafe.

18. Third-Party Websites and Services

The Website may link to or include content provided by third parties.

These may include:

• Social media platforms
• Advertising platforms
• Search engines
• Scheduling services
• Video services
• Mapping providers
• Analytics tools
• Client websites
• Industry publications
• Payment or document providers

We do not control these services and are not responsible for their availability, content, security, terms or privacy practices.

A link does not mean that we endorse or guarantee a third party.

You use third-party websites and services at your own risk and under their applicable terms.

19. Website Availability and Security

We may change, suspend, restrict or discontinue the Website or any feature without notice.

We do not promise that the Website will:

• Remain continuously available
• Operate without errors
• Work with every device or browser
• Preserve every submission
• Be free from harmful code
• Correct every defect
• Meet every user's technical needs

You are responsible for maintaining appropriate device security, software protection and backups.

We may block access that appears automated, abusive, unlawful or harmful.

20. Website Provided "As Is"

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE."

WE DISCLAIM WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL MEET YOUR NEEDS, PRODUCE A PARTICULAR RESULT OR REMAIN ERROR-FREE.

Some jurisdictions do not allow certain warranty exclusions. Where an exclusion is not permitted, it applies only to the greatest extent allowed by law.

21. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BUFFALO DIGITAL ADVERTISING AND ITS OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO:

• USE OF OR INABILITY TO USE THE WEBSITE
• RELIANCE ON WEBSITE CONTENT
• MARKETING OR BUSINESS DECISIONS
• THIRD-PARTY PLATFORM ACTIVITY
• WEBSITE INTERRUPTION
• LOSS OR CORRUPTION OF DATA
• SECURITY INCIDENTS
• THIRD-PARTY LINKS OR SERVICES
• LOST PROFITS, REVENUE, OPPORTUNITIES OR GOODWILL
• INACCURATE OR INCOMPLETE REPORTING
• FAILURE TO ACHIEVE AN EXPECTED RESULT

THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF CLAIM AND EVEN IF THE POSSIBILITY OF DAMAGE WAS KNOWN.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR A CLAIM ARISING SOLELY FROM USE OF THE PUBLIC WEBSITE WILL NOT EXCEED THE GREATER OF:

1. THE AMOUNT YOU PAID SPECIFICALLY FOR ACCESS TO THE WEBSITE DURING THE SIX MONTHS BEFORE THE CLAIM, OR
2. ONE HUNDRED DOLLARS.

This section does not limit liability that cannot legally be limited.

Liability concerning paid client services is governed by the applicable signed client agreement.

22. Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless Buffalo Digital Advertising and its owners, employees, contractors and representatives from third-party claims, losses, liabilities and reasonable legal costs arising from:

• Your unlawful use of the Website
• Your material violation of these Terms
• Information or materials you submit
• Your infringement of another person's rights
• Your fraud or willful misconduct
• Your unauthorized access or security activity

You are not required to indemnify a protected party for that party's own gross negligence, willful misconduct or liability that cannot legally be shifted.

23. Copyright Complaints

We respect the intellectual property rights of others.

If you believe material on the Website infringes your copyright, send a written notice to:

Buffalo Digital Advertising
Attn: Copyright Notice
14 Lafayette Square
Buffalo, NY 14203
Email: info@buffalodigitaladvertising.com

The notice should include:

• Identification of the copyrighted work
• Identification and location of the disputed material
• The direct webpage address when available
• Your name and contact information
• A statement of good-faith belief that the use is unauthorized
• A statement that the information is accurate
• Confirmation that you are the owner or authorized to act for the owner
• Your physical or electronic signature

We may remove or restrict access to disputed material while reviewing a complaint.

Do not state that Buffalo Digital Advertising has a federally designated DMCA agent unless that agent has been registered with the U.S. Copyright Office and the registration remains current.

24. Privacy

Our collection and handling of personal information are described in our Privacy Policy.

The Privacy Policy is incorporated into these Terms by reference.

Where these Terms and the Privacy Policy conflict on a privacy matter, the Privacy Policy controls unless applicable law requires otherwise.

25. Suspension and Termination

We may restrict, suspend or end access to the Website if we reasonably believe that a user:

• Violated these Terms
• Created a security or legal risk
• Engaged in scraping or unauthorized automation
• Submitted abusive or fraudulent communications
• Infringed intellectual property rights
• Interfered with Website operation
• Misused Website content

We may also discontinue the Website or any feature for business, legal, technical or security reasons.

Terms concerning ownership, liability, indemnification, disputes and other provisions that should reasonably survive will remain effective after access ends.

26. Governing Law

These Terms and disputes arising from use of the Website are governed by the laws of the State of New York, without regard to conflict-of-law rules.

This section does not remove any mandatory right that applicable law does not allow a person to waive.

27. Informal Dispute Resolution

Before filing a lawsuit concerning use of the Website, the complaining party must send written notice describing:

• The party's name and contact information
• The facts giving rise to the dispute
• The requested resolution
• Available supporting documents

Notice to us must be sent to:

Buffalo Digital Advertising
14 Lafayette Square
Buffalo, NY 14203
Email: info@buffalodigitaladvertising.com

The parties will make a good-faith effort to resolve the matter for at least 30 days after receipt of the notice.

This process does not prevent either party from seeking emergency or temporary court relief to protect confidential information, intellectual property, systems or security.

28. Court Venue

Unless applicable law requires another venue, any court action arising solely from these Terms or use of the public Website must be filed in a state or federal court with jurisdiction over Erie County, New York.

Each party consents to that jurisdiction and venue.

This section does not govern a dispute covered by a signed client agreement containing its own governing-law, venue or dispute provision.

29. Changes to These Terms

We may revise these Terms when the Website, our business, legal requirements or operating practices change.

The current version will be posted on this page with its effective date.

Material changes apply prospectively unless the law allows otherwise.

Continued use after revised Terms become effective constitutes acceptance of the revised Terms.

Stop using the Website if you do not agree with a revision.

30. Severability

If a court finds a provision invalid or unenforceable, that provision will be enforced to the greatest extent permitted or removed to the minimum extent necessary.

The remaining Terms will stay in effect.

31. No Waiver

Failure to enforce a provision does not waive the right to enforce it later.

A waiver must be in writing and applies only to the matter identified.

32. Assignment

You may not assign or transfer rights under these Terms without our written consent.

We may assign these Terms as part of a merger, sale, restructuring, transfer of Website operations or similar business transaction.

33. Entire Agreement

These Terms and the Privacy Policy form the complete agreement concerning use of the public Website.

They do not replace separate written agreements governing:

• Client services
• Advertising campaigns
• Media purchases
• Website development
• Intellectual property ownership
• Confidentiality
• Payment
• Data processing
• Campaign approvals
• Performance reporting

Where a signed agreement conflicts with these Terms on a matter covered by that agreement, the signed agreement controls.

34. Contact Us

Questions about these Terms may be sent to:

Buffalo Digital Advertising
14 Lafayette Square
Buffalo, NY 14203

Phone: 716-203-1777
Email: info@buffalodigitaladvertising.com
Website: https://buffalodigitaladvertising.com