Last updated: April 23, 2019
This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with ReviewBuzz and meet all of the foregoing eligibility requirements. If you are using any Services on behalf of another entity, then “you” means that entity, and you are binding that entity to this Agreement. You represent and warrant that you have the legal power and authority to enter into this Agreement and that, this Agreement is entered into by an employee or agent with all necessary authority to bind that entity to this Agreement. If you do not meet all of these requirements, you must not access or use the Site or the Services.
ReviewBuzz provides the Services solely on the terms and conditions set forth in this agreement and on the condition that you accept and comply with them, unless you have entered into another agreement with ReviewBuzz concerning specific Services, then the terms of that agreement shall control if there is any conflict with these Terms.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site and Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site.
Your continued use of the Site and the Services following the posting of revised Terms means that you accept and agree to the changes. You represent and warrant that you will check this page frequently, so you are aware of any changes, as they are binding on you.
- ACCESSING THE SITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
Your access to some services and content on the Site is password protected. You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
- RELIANCE ON INFORMATION POSTED
The information 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 information. Any reliance you place on such information 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 ReviewBuzz, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ReviewBuzz. 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.
- INTELLECTUAL PROPERTY RIGHTS
The Site and its entire contents, features, and functionality (including but not limited to all blogs, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by ReviewBuzz, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify, copy, or create derivative works or improvements to the Site or the Services.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Services to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service.
- Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Services or the Site, in whole or in part.
- Access or use the Services for purposes of competitive analysis of the Services, the development, provision, or use of a competing software service or product or any other purpose that is to ReviewBuzz’s detriment or commercial disadvantage.
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
The ReviewBuzz, Inc. name, the ReviewBuzz, Inc. logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ReviewBuzz or its affiliates or licensors. You must not use such marks without the prior written permission of ReviewBuzz. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
- PROHIBITED USES
- 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 transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or other similar solicitations, any of which will be reported to the Federal Trade Commission.
- To impersonate or attempt to impersonate ReviewBuzz, a ReviewBuzz employee, another user, or any other person or entity (including, without limitation, by using email 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 ReviewBuzz or users of the Site or expose them to liability.
Additionally, you agree not to, and will not assist, encourage, or enable others 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 other 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 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 that 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.
- Otherwise attempt to interfere with the proper working of the Site.
- 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 you assume the risk of use of or reliance upon any material on the Site.
- INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
- TERM OF SERVICES
- Term. The term for the Services shall begin on the date set forth on any invoice, quote, proposal, statement of work, or any other document when you subscribe to any Services and shall continue for a period of one (1) year (“Initial Term”). Upon the expiration of the Initial Term, your subscription to the Services shall renew for subsequent one (1) year renewal terms (each a “Renewal Term,” and, collectively, together with the Initial Term, the “Term”), unless you give ReviewBuzz written notice of non-renewal at least thirty (30) days prior to the expiration of the then-current Term. ReviewBuzz may suspend or terminate the Services, in its sole and absolute discretion, effective upon written notice to you.
- Effect of Termination. Upon expiration or termination of the Services by any party for any reason, ReviewBuzz will cease providing you with the Services and you will no longer be able to access your account and any amounts owed to ReviewBuzz will become immediately due and payable in full on the date of such termination or expiration.
- Survival. Any right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement, will survive any expiration or termination of this Agreement, including, but not limited to, Section 1, Section 5, Section 6, Section 10.2, this Section 10.3, Section 11, Section 12, Section 13, Section 17, Section 18, Section 19, Section 20, Section 22, Section 23, Section 24.
- FEES AND PAYMENT
- Fees. By making a purchase through our Site or other transactions for the sale of goods, services, or information formed through the Site or resulting from visits made by you, and/or by purchasing or subscribing to any Services, you agree to any fee and payment terms that are described herein, on the Site, on any invoice, quote, proposal, statement of work, or any other document, and/or during the online registration process (“Fees”). Any Fees are exclusive of any sales, taxes, levies, duties or similar governmental assessments (other than taxes on ReviewBuzz’s income) (“Taxes”). You are responsible for paying any Taxes associated with its purchases hereunder. Any subscription-based purchases may not be cancelled during the subscription term and any amounts paid are nonrefundable except in ReviewBuzz’s sole discretion. You agree that your purchases are not contingent on ReviewBuzz’s delivery of any future functionality or feature.
- Fee Increases. We may increase Fees for any Services by providing written notice to you at least thirty (30) days prior to the end of any Term, and such fees will be effective upon the start of your next Renewal Term.
- Payment Terms. You will be required to provide ReviewBuzz with a valid credit card number upon registration for a subscription. You hereby warrant and represent that you have the authority to provide such credit card information to ReviewBuzz and shall be responsible for all charges made thereto. ReviewBuzz will bill your credit card in advance of any Service. You are responsible for providing us with any updates to your billing information. If any amount owed by you is overdue, ReviewBuzz may, without limiting our other rights and remedies, suspend your access to any products or Services until such overdue amounts are paid in full. We may, in ReviewBuzz’s sole discretion, charge a fee for reinstatement of a suspended or terminated account. You acknowledge and agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the Service. In the event legal action, including without limitation arbitration, is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including reasonable attorneys’ fees and other legal expenses.
- Free Trials. If your subscription to the Services begins with a free trial, your free trial will automatically roll over to a paid subscription unless you cancel before the end of the trial period. Any free trial may be available at the sole and absolute discretion of ReviewBuzz. ReviewBuzz reserves the right to revoke your free trial at any time.
- Cancellation. Unless you give ReviewBuzz written notice of non-renewal at least thirty (30) days prior to the end of your then-current Term, your subscription will be automatically renewed on the first day of your next Renewal Term. If you provide timely notice of your intent not to renew your subscription, then your subscription shall terminate on the expiration of your then-current Term. You will be responsible for all Fees until the termination of your subscription.
- Refunds. Payments hereunder are non-refundable. If you are unsatisfied with the Services within thirty (30) days from commencement of the Initial Term, ReviewBuzz may, in its sole and absolute discretion, refund all or any portion of the Fees you paid and allow for early cancellation of your Initial Term.
- Automatic Renewal. IF YOU DO NOT TIMELY CANCEL ANY SUBSCRIPTION TO SERVICES, REVIEWBUZZ WILL AUTOMATICALLY RENEW EACH OF YOUR SUBSCRIPTIONS AND CHARGE YOUR CREDIT CARD IN ADVANCE OF SERVICE. The automatic charge to your credit card will occur at the commencement of each subscription renewal. You acknowledge that the amount billed may vary and differ from your previous charges for reasons such as promotional rates no longer being applied, changes in your subscription (for example, changes in the number of your locations under your subscription), changes in the amount of applicable sales tax or other reasons; and you authorize us to charge your credit card for such varying amounts. ReviewBuzz may also periodically preauthorize your credit card in anticipation of account or related charges.
In connection with this Agreement each party (as the “Disclosing Party”) may disclose or make available Confidential Information to the other party (as the “Receiving Party”). “Confidential Information” means information in any form or medium (whether oral, written, electronic, or other) that the Disclosing Party considers confidential or proprietary, including information consisting of or relating to the Disclosing Party’s technology, trade secrets, know-how, business operations, plans, strategies, customers, and pricing, and information with respect to which the Disclosing Party has contractual or other confidentiality obligations, in each case whether or not marked, designated, or otherwise identified as “confidential”. Without limiting the foregoing, the financial terms of the Services are the Confidential Information of ReviewBuzz. Confidential Information does not include information that: (i) is or becomes public knowledge through no fault of the Receiving Party; (ii) was known by the receiving party prior to receipt of the Confidential Information; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by the Receiving Party without using the Disclosing Party’s Confidential Information. A party may also disclose the other party’s Confidential Information to the extent required by law or court order, provided it gives advance notice (if permitted by law) and cooperates in any effort by the other party to obtain confidential treatment for the information. The parties acknowledge that disclosure of Confidential Information may cause substantial harm for which damages alone may be an insufficient remedy, and so upon breach of this section each party is entitled to seek appropriate equitable relief in addition to any other remedies it may have at law.
- REPRESENTATIONS AND WARRANTIES
You represent and warrant that you have the authority to enter into this Agreement and perform your obligations hereunder. You further represent and warrant that you have the necessary rights and consents in and relating to any data, content, or information you provide us so that it does not and will not infringe, misappropriate, or otherwise violate any intellectual property rights, or any privacy or other rights, of any third party or violate any applicable law.
- 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 prior written consent.
This Site may provide certain social media features that enable you to:
- Link from your own or certain third-party Sites to certain content on this Site.
- Send emails or other communications with certain content, or links to certain content, on this Site.
- Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party Sites.
You may use these features solely as they are provided by us. Subject to the foregoing, you must not:
- Establish a link from any Site that is not owned by you.
- Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Site other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop. 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 in our discretion.
- LINKS FROM THE SITE
- Links to Third Parties. The Site contains links to other websites, applications, and resources provided by third parties (each, a “Third Party Site”). These links are provided for your convenience only and we do not endorse any Third Party Site. We have no control over the contents of any Third Party Site, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any Third Party Site linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for the Third Party Site.
- Third Party Interactions. ReviewBuzz may offer certain interactive services that allows users to post, submit, publish, display, or transmit to third parties (“Publishers”) content or materials (collectively, “User Content”) on or through the Site. You acknowledge and agree that (i) all User Content shall be subject to the Publishers’ content policies, and that any such User Content may be rejected, in whole or in part, by a Publisher at any time in its sole discretion, or modified by ReviewBuzz or the Publisher at any time to comply with such policies, (ii) ReviewBuzz does not guarantee that any content will be displayed by any Publisher, and (iii) the appearance and/or location of any User Content placement may change at any time. REVIEWBUZZ SHALL HAVE NO LIABILITY FOR THE AVAILABILITY OF OR ANY CHANGE IN THE PUBLISHERS OR THEIR SITES, FOR ANY DECISION BY A PUBLISHER TO REJECT OR MODIFY ANY USER CONTENT, OR FOR ANY OTHER DECISION, CHANGE OR OTHER ACTION.
- GEOGRAPHIC RESTRICTIONS
The owner of the Site is based in the State of California in the United States of America. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF REVIEWBUZZ TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
- You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.TO THE FULLEST EXTENT PROVIDED BY LAW, 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 SITE 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,” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WITH THE EXPRESS UNDERSTANDING THAT REVIEWBUZZ MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. NEITHER REVIEWBUZZ NOR ANY PERSON ASSOCIATED WITH REVIEWBUZZ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER REVIEWBUZZ NOR ANYONE ASSOCIATED WITH REVIEWBUZZ 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 OUR 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.
- REVIEWBUZZ MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE’S USERS. ACCORDINGLY, REVIEWBUZZ IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS.
- TO THE FULLEST EXTENT PROVIDED BY LAW, REVIEWBUZZ HEREBY DISCLAIMS 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 PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF REVIEWBUZZ SHALL CREATE A REPRESENTATION OR WARRANTY.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
- TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL REVIEWBUZZ, 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 SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, 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.
You agree to defend, indemnify, and hold harmless ReviewBuzz, 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: (i) your access to or use of the Site, including, but not limited to, any use of the Site’s content, Services, and products; (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
- GOVERNING LAW AND JURISDICTION
- MANDATORY ARBITRATION
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Diego before one (1) arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
- FORCE MAJEURE
Neither party will be liable for any delay or failure to perform its obligations under this Agreement (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or government act.
- WAIVER AND SEVERABILITY
- ENTIRE AGREEMENT
- YOUR COMMENTS AND CONCERNS
This Site is operated by:
401 N Coast Hwy
Oceanside, CA 92054
All notices of copyright infringement claims should be sent to ReviewBuzz at the foregoing address.
All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to firstname.lastname@example.org.