Terms & Conditions

Terms & Condition

These terms and use are entered between you and Branch Specialists. The following terms and use govern your access to and use of https://rochester.branchspecialists.com/, including content. Functionality and services offered on the site.

Please take a look at the Terms & Use carefully before you enter the site. By using our site you agree to our Terms and Conditions and our Privacy Policy.

This site is offered and available to users who are 18+ and reside in the US or any of its territories.

CHANGE TO THE TERMS & USE

We may update these terms and conditions from time to time. You are expected to check this page each time when you access this Site so you are aware of any changes, as they are binding on you.

ACCESSING THE SITE AND ACCOUNT SECURITY

We reserved the right to withdraw or amend this Site and any service we provide on this Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.

To access this Site you may be asked for certain details to check whether if it is correct, current and complete. You agree to all the information you provide to register this Site or otherwise your consent to all actions we take with respect to your information consistent with our Privacy Statement.

If you choose or provide any user name or password or any other piece of information, you must treat it as confidential and must not disclose it to any other person or identity. You also agree that your personal information is confidential and not to disclose to another person or your username, password or other security information. You also agree to exit the front of the account at the end of each session. You also need to be cautious while accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifiers. Whether chosen y you or provided by us at any time if you violate any provision of these terms & use.

INTELLECTUAL PROPERTY RIGHTS

The Site and its entire contents, features and functionality are owned by Branch Specialists, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Branch Specialists. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

USER-GENERATED CONTENT

You retain ownership of User-Generated Content (as defined below) submitted to the Site.  However, User Generated Content will be considered Content and will be treated as non-confidential and non-proprietary and you understand that Branch Specialists does not guarantee any confidentiality with respect to the User Generated Content.  By submitting User Generated Content to Branch Specialists, you agree to grant, and shall be deemed to have automatically granted, to BrightView an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such Content for the purpose of operating, promoting and improving the Site and Branch Specialists’ services and to develop new ones. You represent and warrant that you have the right, power and authority to grant the foregoing license. You agree that User-Generated Content that You submit will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the User Generated Content and grant to Branch Specialists all of the license rights granted herein. You agree to release, discharge and agree to hold harmless Branch Specialists from any and all claims or liability, whether known or unknown, in connection with the publication, production, processing, distribution or exploitation of Content posted by you, including any claims of infringement of any rights of publicity or rights of privacy. We reserve the right to remove User Generated Content without notice.

 

You acknowledge, consent and agree that Branch Specialists may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted Content in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (c) enforce this Agreement and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety or interests of Branch Specialists other users of the Site, or the public.

TRADEMARK

The Branch Specialists name, the logo and all related names, logos, product and service names, designs and slogans are trademarks of the Branch Specialists or their affiliates or licensors. You must not use such marks without the prior written permission of Branch Specialists. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To impersonate or attempt to impersonate the Branch Specialists or their employee, another user or any other person or entity (including, without limitation, by using e-mail addresses [or screen names] associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm our or users of the Site or expose them to liability.

 

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site.
  • Use any robot, spider or another automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Site.  Introduce any viruses, trojan horses, worms, logic bombs or other material which is
  • malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database
  • connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,”
  • “pyramid schemes” or another form of solicitation;
  • Harvest or otherwise collect or store the name, email address or any other personal or confidential information of any User without such User’s consent, by electronic or other means for any reason, including, without limitation, the purpose of sending unsolicited email;
  • Upload, post, transmit, share, store or otherwise make publicly available any personally identifiable information of any third party, including but not limited to addresses, phone numbers, e-mail addresses, social security numbers and credit card numbers;
  • Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, embarrassing to others, untrue or inaccurate, hateful, or racially, ethnically or otherwise objectionable;
  • Upload, post, email, transmit or otherwise make available any Content that contains images of or information about children or discloses details that could enable a child or his exact location to be identified, or in which children are inappropriately dressed or depicted in a submissive manner;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any
  • Content transmitted through the Website;
  • Intentionally or unintentionally violate any applicable local, state, national or international law; or
  • Take any action that is contrary to Branch Specialists’ public image, goodwill, reputation or mission.
  • Otherwise, attempt to interfere with the proper working of the Site.
RELIANCE ON INFORMATION POSTED

The Content presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this Content. Any reliance you place on such Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include Content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other Content, other than the Content provided by The Branch Specialists, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Branch Specialists. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

When you visit the Website or send emails to Branch Specialists, you are communicating with the Branch Specialists electronically. You consent to receive communications from the Branch Specialists electronically. Branch Specialists may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Branch Specialists provides to you electronically satisfy any legal requirement that such communications be in writing.

CHANGES TO THE SITE

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE

All information we collect on this Site is subject to our Privacy Statement. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

LINKING TO THE SITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express [written] consent.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion.

CHILDREN’S  ONLINE PRIVACY PROTECTION ACT

Branch Specialists does not direct content at, and will not request personally identifying information or content from, anyone under the age of 13. The site will promptly delete any Personal Information we have collected about a user less than 13 years of age if we become aware that we have collected such Personal Information.

DISCLAIMER OF WARRANTIES

You understand that we do not guarantee or warrant files available for downloading from the internet or the Site will be free of viruses or other destructive code.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or any services or items obtained through the site or to your downloading of any material posted on it, or on any website linked to it.

Your use of the site, its content and any services or items obtained through the site is at your own risk. the site, its content and any services or items obtained through the site are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Branch Specialists nor any person associated with the branch specialists makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the site. Without limiting the foregoing, neither Branch Specialists nor anyone associated with the site represents or warrants that the site, its content or any services or items obtained through the site will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the site or the server that makes it available are free of viruses or other harmful components or that the site or any services or items obtained through the site will otherwise meet your needs or expectations.

Branch Specialists, hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

LIMITATION ON LIABILITY

In no event will Branch Specialists, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the site, any websites linked to it, any content on the site or such other websites or any services or items obtained through the site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Branch Specialists, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

GOVERNING LAW AND JURISDICTION

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the US without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ARBITRATION

At Branch Specialists’ sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Buffalo, NY law.

WAIVER AND SEVERABILITY

No waiver of by Branch Specialists of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

Any failure of Branch Specialists to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

SURVIVAL

The following provisions of this Agreement shall survive the termination of your access to the Site: Intellectual Property Rights, Limitation of Liability, Indemnification and Disclaimer.

ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Branch Specialists with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

YOUR COMMENTS AND CONCERNS

The Site is operated by Branch Specialists, 18 Cottonwood Dr, Buffalo NY, 14221

Phone No: 7164006211, Email ID: sales@rochester.branchspecialists.com

LINKING TO THE SITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express [written] consent.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion.