Terms and Conditions
IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST BUZZ TECHNOLOGIES INC. AND ANY AFFILIATED ENTITIES (“BUZZ”). THEY AFFECT YOUR LEGAL RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION AND CLASS ACTION WAIVER CONTAINED IN THAT SECTION. PLEASE READ IT CAREFULLY.
OVERVIEW
We are Buzz Technologies Inc. d/b/a Buzz (“Buzz”, “we”, “us”, or “our”). These Terms and Conditions (“Terms”) govern access to and use of our website (“Site”) by site visitors as well as individual users of any of our products, services, and mobile applications (collectively, together with the Site, the “Services”).
ACCEPTANCE OF TERMS
These Terms are a legally binding agreement. By using the Services, you agree to the Terms. If you don’t agree with these Terms, do not use the Services.
Our Privacy Policy is incorporated and forms a part of these Terms. Please review these documents prior to using the Services. To the extent allowed by applicable law, by using the Services and agreeing to these Terms, you agree to the Privacy Policy.
All references to “you” or “your,” as applicable, mean the person who accesses or uses the Services in any manner, and each of your spouse, relatives, heirs, executors, administrators, representatives, trustees, attorneys, assigns, and successors. If you use the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.
We reserve the right to change or update these Terms from time to time at our sole discretion. Such changes or modifications will be posted here with an updated “Last Updated” date above. Please review the Terms frequently for any changes. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Services or via email. Your continued use of the Services following the effective date of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the new Terms, you may not use the Services.
1. GENERAL CONDITIONS
We reserve the right to refuse to provide the Services to anyone for any reason at any time. We may change, add, or remove features, products, or functionalities, or we may also suspend or stop the Services altogether. We may take any of these actions at any time for any reason, with or without notice, in our sole discretion. We are not liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
The Services, are not intended for minors, and you must be at least 18 years old to use the Services. By agreeing to these Terms, you represent and warrant that you are 18 years of age or older. You further represent and warrant that you will not and are not using the Services on behalf of anyone under the age of 18.
You represent and warrant that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.
2. ACCESS TO SERVICES
You need to create an account to use some or all of our Services. You are solely responsible for maintaining the security and confidentiality of your account and you may not share your login information or transfer your account to another individual without our express permission via writing/email. You are solely responsible and liable for all activity that takes place in connection with your account, including purchases or communications/posts, whether or not authorized by you. If you think your account has been compromised, you must notify us immediately. Buzz will not be liable to you for any loss or damage that occurs in connection with any unauthorized activity on your account.
In creating an account, you represent that all information you provide is true, accurate, and correct, and that you will update your information as necessary. You may only create an account for yourself on your own behalf. You may not create or use an account for anyone other than yourself, provide an email address other than your own, impersonate someone else, create multiple accounts except as otherwise authorized by us via writing/email, or provide or use false information. We reserve the right to remove or reclaim any accounts or usernames at any time and for any reason and without notice to you.
You must use the Services only in compliance with these Terms and applicable law. You may not do, attempt to do, enable, or encourage anyone else to do, anything illegal or (as determined by us) anything objectionable or inappropriate in connection with the Services, including but not limited to the following:
If you violate any provisions or restrictions of these Terms, we reserve the right, in our sole discretion and without notice to you, to terminate, delete, and/or deactivate your account, and/or block or limit your access to the Services. We are not liable to you or any third party for any termination of your account or access to the Services. Buzz reserves the right to hold you liable for any and all amounts due via the Services upon termination, suspension, deactivation, or deletion of your account for any reason.
3. ACCURACY AND COMPLETENESS OF INFORMATION AND PRICES
We do not warrant that information made available on or through the Services is accurate, complete, reliable, error-free or current. Occasionally the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, offers, availability, and representations of third-party partners about their products or services. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update such information at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Services, except as required by law. We are not liable to you for any damage or loss due to your reliance upon any information made available on or through the Services that is inaccurate, incomplete, unreliable, outdated or contains errors.
4. INTELLECTUAL PROPERTY RIGHTS; DATA RIGHTS; USER CONTENT
All content on the Services is owned by Buzz and Buzz’s licensors (including but not limited to venues, sponsors, affiliates, third party partners, advertisers, etc. (“Licensors”)), including information, material, software, images, text, graphics, passes, logos, interfaces, videos, pictures, sounds, scripts, “look and feel” of the Services, and all related intellectual property rights (“Buzz Content”). The Services are protected by copyright, patent, and trademark laws, other relevant intellectual property and proprietary rights, and applicable laws. You may not copy, display, create derivative works from, or otherwise use any Buzz Content without Buzz’s or our licensors’ explicit authorization. Buzz grants you a non-exclusive, non-transferable, and revocable limited license to access and use the Service consistent with these Terms. Any rights not expressly granted herein are reserved by Buzz and its licensors. Buzz will have no liability to you for any damage or loss arising from unauthorized uses.
We may use the information obtained through the Services to provide you with the Services, to develop new features and improve existing ones, for analytics, and to share with our Licensors. We may aggregate and/or de-identify data and use and/or share it with anyone and for any purpose, including but not limited to, analytics, research, and marketing.
Notwithstanding the foregoing, any content in any medium that is uploaded, posted, or otherwise provided by users to the Service, including but not limited to pictures, videos, posts, and feedback (collectively, “User Content”) is owned by such users. By providing Buzz with any User Content, you irrevocably (except to the extent you exercise applicable rights under local data protection laws) grant to Buzz a world-wide, perpetual, transferable, sub-licensable, royalty-free, non-exclusive and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, adapt, adopt, publicly display, distribute, translate and create compilations and derivative works from, or otherwise use, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the Services. You also waive your moral rights to the User Content, and hereby grant each user of Buzz a non-exclusive license to access your User Content submitted to or through the Services. You grant this license to us for the purpose of providing the Services and only to the extent necessary for that purpose. None of the User Content you post on, upload or otherwise submit to or through, the Services (other than personal information) will be deemed confidential.
You understand and acknowledge that you are responsible for User Content, and you, not Buzz, assume all risks associated with User Content, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure by you of information in User Content that makes you or anyone else personally identifiable. You represent and warrant that you own or have the necessary rights, consents, and permissions to use and authorize the use of User Content as described herein. You may not imply that User Content is in any way sponsored or endorsed by Buzz.
Buzz does not control, is not responsible to review, and does not necessarily regularly review any User Content. Notwithstanding the foregoing, Buzz reserves the right to review any User Content at any time in its sole discretion, for any reason or no reason, and to delete or edit any User Content with or without notice. Buzz is not responsible or liable for damages of any kind arising from any User Content, even when Buzz is advised of the possibility of such damages, or for Buzz’s removal of any posting.
Buzz makes no representations or warranties regarding the User Content, and does not represent or guarantee the truthfulness, accuracy, or reliability of any User Content or determine whether User Content violates the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
5. THIRD-PARTY SERVICES
The Services may contain links to or integrations with third-party vendors, websites, platforms, applications, or services (collectively, “Third-Party Services”) that are subject to different terms and privacy practices. Your use of and interactions with any Third-Party Services (including any purchases made on Third Party Services) are governed by the third party’s terms and not by these Terms. You interact with Third-Party Services at your own risk.
We do not own or control Third-Party Services, and we are not responsible or liable for any aspect of such Third-Party Services, including but not limited to any harm or damages related to any interactions or transactions you may have with Third-Party Services (such as any information, content, or materials provided by Third-Party Services or your purchase or use of any products or services from Third-Party Services). Links and integrations to Third-Party Services are not an endorsement or recommendation.
You may be able to purchase certain products via Third-Party Services. Some third parties provide us with a commission when a user of our Services makes a purchase from the third party using the link on our Services.
Please review carefully any third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
6. TERMS FOR PURCHASES MADE THROUGH THE SERVICES
These Terms govern purchases made through the Services, and this section 6 contains additional terms that govern such purchases. These Terms do not cover any purchases made from, or other interactions with, Third-Party Services.
6.1. Accuracy
We do not warrant that information made available on the Services is accurate, complete, reliable, error-free or current. Occasionally the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, change or update any information, and cancel any orders services if any information in the order is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including without limitation pricing information except as required by law.
We have made every effort to display the images of products that appear on the Services as accurately as possible. We cannot guarantee that your computer monitor’s display of any color will be accurate.
6.2. Order Acceptance, Billing, and Tickets
We reserve the right to refuse any order you place with or through our Services. We may, in our sole discretion, limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, phone number, or physical address provided when you placed the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on the Services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You also agree that you will pay for all purchases made through the Services and are responsible for timely payment of all purchases. You agree that Buzz may charge your payment method for any paid services that you agreed to purchase, and for any additional fees, which include: late fees, taxes, delivery fees, chargebacks, service fees, or transfer fees. All charges are due immediately upon finalizing a purchase and failure to pay due to an invalid or expired payment method may result in excess charges and a possible discontinuance of your account.
If purchased ticket relates to an event at a venue, each purchased pass through Buzz does not guarantee entry to any location. Admittance of individuals is up to the discretion of the venue. Buzz is not liable for any repercussions due to lack of admittance to a venue.
6.3. Pricing
Prices are subject to change without notice, and we do not provide protection in the event of a price change. We cannot confirm the price of a purchase until after your order is placed. The total price will include the price of any purchase and the appropriate tax or fee. Cover may not be included in the price shown on the Services. Pricing errors may occur on the Services. We reserve the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation from us. We may, in our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products on the Services may differ from pricing for product sold by other providers.
7. COMMUNICATIONS
7.1. In General
We may communicate with you using email, autodialed or prerecorded calls, and text messages, at any telephone number or email address that you provide us, to: (a) notify you regarding your account; (b) troubleshoot problems with your account; (c) resolve a dispute; (d) collect a debt; or (e) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you.
You agree to receive electronic communications from us. These communications may include notices about your account and information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing, and will have full legal effect.
You also agree that any transaction or agreement undertaken on or through the Services, including your agreement to these Terms, is an electronic transaction or agreement.
We may route phone and text communications through a third-party service provider, and we or the service provider may record telephone conversations you have with us or its agents for quality control and training purposes, or for our own protection or legal compliance purposes.
You also agree that once you provide Buzz with your email address or telephone number that you have no expectation regarding the use of such email address or telephone number and consent to their usage as needed for Buzz.
7.2. SMS Terms
Signing Up for SMS Text Messages. You may sign up for SMS text messages in connection with the Services, including marketing text messages. By Opting In to text messages, you authorize us or our provider to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your Opt-In. You authorize us to include marketing content in any such messages. You do not have to Opt In or agree to Opt In as a condition of any purchase. (For purposes of these SMS Terms, “Opting In,” “Opt In” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive any text messages.)
To opt out, you must text STOP in response to any SMS message sent from or on behalf of us. You understand and agree that any other method of opting out, including (but not limited to) texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
By Opting In to text messages:
After Opting In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.
Message and data rates may apply to messages that we send you or that you send us. You bear the own costs of messaging on your data plan. You may receive multiple, recurring messages. We may terminate our text message programs or your participation in them at any time with or without notice, but these SMS Terms still will apply. You may receive one or more confirmation messages when you opt out or when your participation in the program otherwise ends. We and mobile carriers are not liable for delayed or undelivered messages. For customer service regarding our SMS programs, contact us as provided at the end of these Terms.
Discontinuing or Transferring Your Phone Number - If at any time you intend to stop using the mobile telephone number that has been used to subscribe to text messaging, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the user opt out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your account or these Terms.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
8. DISCLAIMER OF WARRANTIES
YOUR USE OF OR INABILITY TO USE THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, BUZZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
BUZZ MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE SOME OR ALL OF THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL SOME OR ALL OF THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
IN ADDITION, BY TRAVELING TO ANY VENUE, ENTERING ANY VENUE AND ANYTHING THAT OCCURS WHILE YOU ARE IN ANY VENUE, YOU ASSUME ALL FORESEEN AND UNFORESEEN ASSOCIATED RISKS. YOU AGREE THAT BUZZ AND ITS OWNERS, SHAREHOLDERS, MEMBERS, INVESTORS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, INFLUENCERS, AND LICENSORS ARE NOT LIABLE FOR ANY AND ALL LOSSES, DAMAGES, EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RIGHTS, CLAIMS, ACTIONS OF ANY KIND AND INJURY (INCLUDING DEATH) ARISING OUT OF OR RELATING TO YOUR TRAVELING TO ANY VENUE, ENTERING ANY VENUE, AND ANYTHING THAT OCCURS WHILE YOU ARE IN ANY VENUE.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO CASE WILL BUZZ OR ITS OWNERS, SHAREHOLDERS, MEMBERS, INVESTORS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, INFLUENCERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BUZZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
IN NO EVENT WILL BUZZ’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED $100.00. IF THE JURISDICTION WHERE YOU RESIDE DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY PROVIDED IN THESE TERMS, THAT LIMITATION WILL NOT APPLY TO THE EXTENT PROHIBITED.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BUZZ AND YOU.
10. INDEMNITY
To the fullest extent allowed by applicable law, you agree to release, indemnify, defend, and hold harmless Buzz and its owners, shareholders, members, investors, officers, directors, employees, affiliates, agents, contractors, suppliers, service providers, influencers, and licensors from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, your connection to the Services, your violation of these Terms, or your violation of any rights of another.
Buzz reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Buzz in asserting any available defenses. This provision does not require you to indemnify Buzz for any unconscionable commercial practice by Buzz or for Buzz’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of your account, these Terms or your access to the Services, including the purchase of any items on the Services.
If you are a California resident, you waive California Civil Code Section 1542, which provides: 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.
If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
11. DISPUTE RESOLUTION: BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS—INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT (BY REQUIRING YOUR DISPUTE TO BE SUBMITTED TO ARBITRATION) AND LIMITING YOUR RIGHTS TO RESOLVE YOUR DISPUTE AS PART OF A CLASS.
As detailed herein, these Terms mandate that all disputes between you and Buzz be resolved first through an informal dispute resolution process. In the event informal resolution fails, these Terms further mandate that all disputes (except those identified in Section 11.3) be formally resolved through binding arbitration. Binding arbitration means that an arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve such disputes. Consequently, you should read the entirety of Section 11 carefully as it may significantly affect your legal rights.
11.1. Informal Dispute Resolution.
For any and all disputes between you and Buzz, the parties shall use their best efforts to settle informally the dispute, claim, question, or disagreement and to engage in good faith negotiations. Failure to engage in this process could result in the award of fees against you in arbitration.
To initiate informal dispute resolution, the initiating party must first send a written description of the dispute to the other party. For any dispute against Buzz that you initiate, you agree to send to Buzz (a) a written description of the dispute and (b) the email address(es) associated with your account through the following email address: buzzappllc@gmail.com. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought. For any dispute that Buzz initiates, we will send our written description of the dispute to the email address associated with your use of the Services.
Any such disputes must be submitted within thirty (30) days of the incident giving rise to the dispute to which the initiating party seeks to resolve. If the parties’ dispute is not resolved within sixty (60) days after receipt of the written description of the dispute by the non-initiating party, you and Buzz agree to resolve any remaining dispute through the additional dispute resolution provisions set forth below.
A good faith engagement in informal dispute resolution shall be and is a prerequisite and condition precedent to either party initiating a lawsuit or arbitration. The parties agree that any applicable statute of limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.
11.2. Binding Arbitration
After the parties have engaged in a good-faith effort to resolve their dispute(s) in accordance with the Informal Dispute Resolution process (Section 11.1), and only if those efforts fail, then either party may initiate arbitration as set forth in this Section.
If you determine to initiate arbitration, a copy of the arbitration demand must be emailed to buzzappllc@gmail.com. If Buzz is initiating arbitration, it will serve a copy of the demand to the email address associated with your use of the Buzz Services.
(a) Mutual Arbitration Agreement Except as set forth in Section 11.3 below, you and Buzz agree that all claims, disputes, or disagreements that may arise out of or relating to the interpretation, applicability, enforceability, formation, or performance of these Terms—including but not limited to any claim that all or any part of these terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or timing of any administrative or arbitrator fees—shall be resolved exclusively through binding arbitration in accordance with this Section 11.2 (collectively, the “Arbitration Agreement”). The arbitrator shall be empowered under this Arbitration Agreement to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the arbitration provider’s rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with this Section 11.2.
This Arbitration Agreement is intended to be interpreted broadly, and it applies to claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice opt-out provisions set forth in Sections 11.4 and 11.5.
This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects and evidences a transaction involving interstate commerce. You and Buzz expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.
Except as set forth in Section 11.2(c) below, if any provision of this Arbitration Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.
(b) WAIVER OF RIGHTS INCLUDING JURY TRIAL THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS AND ARBITRATION AGREEMENT, YOU AND BUZZ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(c) CLASS ARBITRATION AND COLLECTIVE RELIEF WAIVER. YOU AND BUZZ ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, AND EXCEPT AS OTHERWISE SET OUT IN THIS SECTION 11.2(c) AND SECTION 11.2(e)(vi) BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM; NOTWITHSTANDING THIS ACKNOWLEDGEMENT AND AGREEMENT, ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF BUZZ PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.
If there is a final judicial determination that applicable law precludes enforcement of this Paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
If there is a final judicial determination that either the Class Arbitration and Collective Relief Waiver in this Section, or that the provisions in this Section 11.2 are not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court as provided herein, but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or Buzz from participating in a class-wide settlement of claims.
(d) Arbitration Location. Arbitrations shall take place in the District of Columbia., unless you and Buzz otherwise agree or unless the designated arbitrator determines that such venue would be unreasonably burdensome to any party, in which case the arbitrator shall have the discretion to select another venue.
For any arbitration conducted in the District of Columbia, you and Buzz agree to submit to the personal jurisdiction of any federal court in or court of the District of Columbia, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. or certified mail and hereby waive any and all jurisdictional and venue defenses otherwise available
(e) The Arbitration Rules.
(i) The Provider. The arbitration will be administered by National Arbitration and Mediation (“NAM”) and resolved before a single arbitrator. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider.
Except as modified by this “Dispute Resolution” provision, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at http://www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com.
You are responsible for your own attorneys’ fees and costs unless the arbitration rules and/or applicable law provide otherwise. The parties shall equally split the arbitrator’s fees and costs. Either party is entitled to engage a court reporter at their own cost.
The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 11 while such challenge remains pending before NAM the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
(ii) Arbitration Demand Must Contain Sufficient Information. Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to these Terms. The arbitrator and/or NAM may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11), including for any claim filed on behalf of a claimant who is not a party to this Arbitration Agreement or to these Terms.
(iii) Arbitration Conducted on Papers in Some Circumstances. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents that you and Buzz submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.
(iv) Dispositive Motions. Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.
(v) Batching. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with Section 11.2(e)(i) if NAM is unavailable) against Buzz within reasonably close temporal proximity (“Mass Filing”), the parties agree (A) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (B) to designate one arbitrator for each batch; (C) to accept applicable fees, including any related fee reduction determined by NAM (or another arbitration provider selected in accordance with 11.2(e)(i) if NAM is unavailable) in its discretion; (D) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicate; (E) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Buzz and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (F) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.
Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and shall be subject to any rights to strike an arbitrator provided under applicable state law if the rights granted by law exceed those provided for in the NAM rules, and the arbitrator will determine the location where the proceedings will be conducted.
You agree to cooperate in good faith with Buzz and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. For example, if the number of cases filed makes batches of 100 cases too small for the prompt resolution of all filed claims, you and we agree that NAM may increase or decrease the batch size, or transfer a case between batches in the reasoned discretion of the NAM procedural arbitrator. Any and all disagreements between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a NAM procedural arbitrator.
This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind.
(vi) No Class or Consolidated Arbitration Absent Written Consent. Unless Buzz otherwise consents in writing, which it may do on a case-by-case basis, Buzz does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in Section 11.2(c) and this Section 11.2(e)(vi).
(vii) Arbitration Award. The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with Section 11.2(c) above, and also must be consistent with the terms of the “Limitation of Liability” section of these Terms as to the types and the amounts of damages or other relief for which a party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.
11.3. Exceptions to Arbitration.
Notwithstanding the parties’ agreement to resolve all disputes through binding arbitration as set forth in Section 11.2:
(a) IP Disputes. Either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, shall be exclusively brought in the federal courts in located or courts of the District of Columbia.
(b) Small Claims Court and Statutes of Limitation. Either party may elect to have disputes or claims resolved in a small claims court regardless of what forum the filing party initially chose, provided the disputes or claims are within the scope of that court’s jurisdiction.
Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be in fact be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed (and any applicable statute of limitations tolled) pending the outcome of such action.
(c) Jurisdiction/Service of Process. For any dispute not subject to arbitration under this Section 11, you and Buzz agree to submit to the personal and exclusive jurisdiction of and venue in the federal court located in or court of the District of Columbia. You further agree to accept service of process by U.S. or certified mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
11.4. 30-Day Right to Opt Out.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice, signed by you, of your decision to opt-out to the following address: buzzappllc@gmail.com. The notice must be sent before [October 5, 2024] or within 30 days of your first use of the Services, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of Section 11.2. If you opt-out of the arbitration provisions, Buzz also will not be bound by them.
If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If Buzz changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out of the Arbitration Agreement by providing notice as described in Section 11.4.
Buzz will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Terms pursuant to the requirements set forth in that version. If you do not timely opt out of this Arbitration Agreement, such action shall constitute mutual acceptance of the terms of these “Dispute Resolution” provisions by you and Buzz.
11.5. Changes to this Section.
Buzz will provide 30 days’ notice of the date of any material changes to this Section 11. Changes will become effective on the 30th day and apply to all claims not yet filed. If you continue to use the Services after the 30th day, you agree that any unfiled claims of which Buzz does not have actual notice are subject to the revised clause.
12. USE OF ALCHOHOL
You acknowledge that Buzz does not provide, sell, or serve alcoholic beverages and that Buzz’s owners, shareholders, members, investors, officers, directors, employees, affiliates, agents, contractors, suppliers, service providers, influencers, and licensors (other than an entity that is lawfully authorized to distribute or serve alcohol) are not responsible or liable for any damages to yourself or third parties that result from the consumption of alcohol by yourself or others, to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium. To the extent you consume alcohol at a venue you identify via the Services, you acknowledge that you are solely responsible for any and all damages suffered by yourself or that you may cause to third parties as a result of said alcohol consumption to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium.
On your own behalf, you covenant not to sue, waive, release, and discharge Buzz, and its owners, shareholders, members, investors, officers, directors, employees, affiliates, agents, contractors, suppliers, service providers, influencers, and licensors (other than an entity that is lawfully authorized to distribute or serve alcohol) from any and all liability, property damage, personal injury, death, disfigurement, or loss of consortium. This waiver extends to any and all claims of every kind or nature whatsoever, foreseen or unforeseen, known or unknown.
Buzz’s services are specifically for adults only, which you may use without consuming alcohol. Buzz advocates for the use of alcohol in moderation and does not condone irresponsible or excessive drinking. You must follow the alcoholic drink laws in your jurisdiction. Buzz is neither responsible for your disobedience of alcoholic drink laws.
13. GENERAL
13.1. Section titles and Drafting.
The section titles in these Terms are for convenience only and have no legal or contractual effect. The Parties agree that these Terms are deemed to have been drafted jointly by the Parties and any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party
13.2. Non-breach.
Our failure to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond our reasonable control shall not be deemed a breach of these Terms.
13.3. Non-waiver.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
13.4. Remedies.
All remedies under these Terms shall be cumulative and not exclusive.
13.5. Severability.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
13.6. No Partnership.
You and we acknowledge and agree that no partnership is formed and neither you nor we have the power or the authority to obligate or bind the other.
13.7. Assignment.
You may not assign your rights under these Terms to any third party. We may assign our rights under this Terms without condition.
13.8. Entire Agreement.
These Terms constitute the entire agreement between you and Buzz and govern your use of the Services, superseding any prior agreements between you and Buzz with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use Third Party Services.
13.9. Governing Law and Venue.
These Terms will be governed by the laws of the District of Columbia without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Buzz agree to submit to the personal and exclusive jurisdiction of the federal courts in or courts of the District of Columbia.
14. CONTACT US
If you have any questions or concerns about these Terms or the Services, or to report any violations of these Terms, please contact us at buzzappllc@gmail.com.