About Us

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Budmansbreaks.com and Budman's Breaks and Sports Memorabilia LLC. The collective work includes works that are licensed to Budmansbreaks.com. and Budman's Breaks and Sports Memorabilia LLC Copyright 2020, Budmansbreaks.com  ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Budmansbreaks.com  or purchasing Budmansbreaks.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with 

Budmansbreaks.com or to purchase Budmansbreaks.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Budmansbreaks.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of Budmansbreaks.com used in the site are trademarks or registered trademarks of Budmansbreaks.com and Budman's Breaks and Sports Memorabilia LLC.

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Budmansbreaks.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Budmansbreaks.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.  Budmansbreaks.com does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
Budmansbreaks.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if  Budmansbreaks.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a Budmansbreaks.com product is mistakenly listed at an incorrect price, Budmansbreaks.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price.  Budmansbreaks.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled,  Budmansbreaks.com shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by  Budmansbreaks.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
Budmansbreaks.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Budmansbreaks.com

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Missouri, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of  products) shall be in the state or federal courts located in Cape Girardeau County, Missouri. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Budmansbreaks.com products) must be commenced within one (1) year after the claim or cause of action arises.  Budmansbreaks.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Budmansbreaks.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Budmansbreaks.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
Budmansbreaks.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Budmansbreaks.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However,  Budmansbreaks.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Budmansbreaks.com in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Budmansbreaks.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, Budmansbreaks.com may link to sites operated by third parties. However, even if the third party is affiliated with Budmansbreaks.com, Budmansbreaks.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Budmansbreaks.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Budmansbreaks.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. 

Contest Rules

1. Eligibility: Contests are open only to those who join Facebook group Budman's Breaks and Sports Memorabilia and who are 18 years of age or older as of the date of entry. The contest is void where prohibited by law. Employees of Budman's Breaks and Sports Memorabilia, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the contest. Contests are subject to all applicable federal, state, and local laws and regulations. Void where prohibited.

2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Budman's Breaks and Sports Memorabilia as final and binding as it relates to the content of this Campaign.

3. Contest: Entries will be promoted via Budmansbreaks.com and through social media outlets, and will include clearly defined start and end times. Start and end times are subject to change without prior notification and at the sole discretion of Budman's Breaks and Sports Memorabilia. All online entries must be received by start time defined in promotion.

4. How to Enter: The contests may be entered by submitting an online form through the Facebook group page Budman's Breaks and Sport Memorabilia. The entry must fulfill all contest requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Budman's Breaks and Sports Memorabilia. Optional verbiage to include: You may enter only once. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Budman's Breaks and Sports Memorabilia.  Free Entry Method: To receive an entry without contributing, mail one self-addressed stamped envelope to Budman's Breaks and Sports Memorabilia, 250 West Hwy C, Charleston Mo. 63834. Limit one entry request per outer envelope. Each mail-in entry must include the series number, the break number and the spot requested. All entries must be received within the start and end times of the specific contest for which you are seeking to enter. Spot availability is limited and spots will be filled on a first-come-first-serve basis.

5. Entry into a contest is in no way a guarantee of a prize. 

6. Prizes: The Winner(s) of a contest (the “Winner”) will receive prizes listed in promotion. Prizes will vary based upon specific promotion. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Budman's Breaks and Sports Memorabilia. No cash or other prize substitution shall be permitted except at Budman's Breaks and Sports Memorabilia's discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Budman's Breaks and Sports Memorabilia to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

7. Odds: The odds of winning depend on the number of eligible entries received.

8. Winner Selection and Notification: Winner will be selected by a random drawing, community vote, or other method clearly defined in contest promotion under the supervision of Budman's Breaks and Sports Memorabilia. Winner will be notified within five (5) days following selection of Winner. Budman's Breaks and Sports Memorabilia shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within seven days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT BUDMAN'S BREAKS AND SPORTS MEMORABILIA'S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

9. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Budman's Breaks and Sports Memorabilia , anyone acting on behalf of Budman's Breaks and Sports Memorabilia, and Budman's Breaks and Sports Memorabilia’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. Optional verbiage for Contests: By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Budman's Breaks and Sports Memorabilia. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Budman's Breaks and Sports Memorabilia from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Budman's Breaks and Sports Memorabilia may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.