Your use of Consumr Buzz’s services, including the services Consumr Buzz makes available through this website, including this website (the “Site” or the “Consumr Buzz Site”) and any content (“Consumr Buzz Content”) made available through this website (collectively the “Services” ) is governed by these terms and conditions (the “Terms”). Please read these terms carefully before using the Services.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE CONSUMR BUZZ SITE OR SERVICES, OR POSTING OR ACCESSING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR CONSUMR BUZZ CONTENT.
If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
1. LICENSE GRANTED BY CONSUMR BUZZ
Consumr Buzz gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Consumr Buzz as part of the Services provided to you by Consumr Buzz. Please note that you may use this software for internal business purposes only, and only in the manner permitted by the Terms. You may not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the content provided by or on behalf of Consumr Buzz through the Services (the content) in any way, except as permitted by the Terms.
2. USER ACCOUNTS/PERSONAL INFO
In the course of using the Services, you may be required to provide Consumr Buzz personally identifiable information, including contact information, username and password (“Credentials”). Consumr Buzz handles such information with the utmost attention, care and security. Nonetheless, you, not Consumr Buzz, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify Consumr Buzz promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify Consumr Buzz of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify Consumr Buzz immediately.
3. USER-GENERATED CONTENT
By making available any user-generated content (“User Content”) through the Site and Services, you hereby grant to Consumr Buzz a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site and the Services. Consumr Buzz does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Consumr Buzz the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your accessing, posting, submission or transmittal of the User Content or Consumr Buzz’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Consumr Buzz reserves the right (but shall have no obligation) to remove any or all User Content from the Services in its sole discretion. You agree to immediately take down any User Content that violates the Terms, including pursuant to a take down request from Consumr Buzz. In the event that you elect not to comply with a request from Consumr Buzz to take down certain User Content, Consumr Buzz reserves the right to directly take down such User Content.
4. THIRD PARTY SERVICES/MATERIALS
You may be able to access or use third party services, resources, content or information (“Third Party Materials”) via Consumr Buzz. By using Consumr Buzz to find material on the Internet, you instruct Consumr Buzz to present portions of the data sources that you have selected. You acknowledge sole responsibility for and assume all risk arising from your access to or use of any such Third Party Materials and Consumr Buzz disclaims any liability that you may incur arising from your access to or use of such Third Party Materials or User Content via Consumr Buzz. You acknowledge and agree that Consumr Buzz: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; (c) does not make any promises to remove Third Party Materials from being accessed through the Services. Your ability to access or link to Third Party Materials does not imply any endorsement by Consumr Buzz of Third Party Materials or any such third party services; and (d) has no responsibility or liability for the deletion or failure to store any Third Party Materials maintained or transmitted through use of the Services. You further acknowledge that you are solely responsible for backing up and making copies of any Third Party Material that you wish to preserve.
Compliance with 3rd Party Review site policies
Business using the Consumr Buzz platform agree to adhere to the Terms of Service of all major review sites. This includes but not limited to Google, Facebook, Yelp, and other review sites.
Review gating: Businesses using Consumr Buzz cannot implement any form of review gating. Review gating is a process where companies send a message to customers asking if their experience was positive or negative. Those who had a positive experience are directed to leave an online review. Those who had a negative experience are typically sent to a form to leave comments that are not made public.
When soliciting reviews using the Consumr Buzz platform, businesses must provide all recipients the same options to provide feedback, regardless of their sentiment. This applies to review requests sent via standard review templates, custom email templates, and surveys
Sites prohibiting solicitation of reviews: Businesses using Consumr Buzz will fully comply with sites such as Yelp that prohibit review solicitation and will not misuse the Consumr Buzz platform to bypass review sites’ policies.
Failure to comply with 3rd Party Review site policies: If a business attempts to circumvent the Terms of Service of 3rd party review sites, Consumr Buzz will notify the business and allow them 30 days take corrective action. Should the business fail to comply within the 30-day notice period, their account will be suspended from Consumr Buzz.
6. THIRD PARTY SOFTWARE
The Services incorporate certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.
7. ELIGIBILITY OF USE
You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 13, as the Services are not intended for children under 13.
8. TCPA COMPLIANCE
To the extent required by law and as applicable to the parties, the parties shall comply with the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”) and its implementing regulations, the Telemarketing Sales Rule, 16 C.F.R. Part 310 (the “TSR”). You will be solely responsible for complying with any messaging consent obligations under the TCPA and TSR in the course of accessing and using the Consumr Buzz Services. You are responsible for obtaining explicit opt-in consent(s) from any and all third parties (including your customers) to send and receive SMS and/or emails using the Consumr Buzz Services. You are liable for, and shall indemnify, defend and hold harmless Consumr Buzz from and against any and all damages, liabilities, judgments, fees, fines, costs and expenses (including reasonable attorneys’ fees) incurred by Consumr Buzz arising from any claims, demands or legal actions made against Consumr Buzz resulting from your breach of these Terms
9. RESTRICTIONS ON USE
You agree not to do any of the following while using the Site, Services or Consumr Buzz Content:
Access, post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar or offensive; (v) constitutes child pornography or child erotica; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; or (viii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
Use, display, mirror, frame or utilize framing techniques to enclose the Site or Services, or any individual element or materials within the Site or Services, Consumr Buzz’s name, any Consumr Buzz trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Consumr Buzz’s express written consent;
Access, tamper with, or use non-public areas of the Site or Services, Consumr Buzz’s computer systems, or the technical delivery systems of Consumr Buzz’s providers;
Attempt to probe, scan, or test the vulnerability of any Consumr Buzz system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Consumr Buzz or any of Consumr Buzz’s providers or any other third party (including another user) to protect the Site, Services or Consumr Buzz Content;
Attempt to access or search the Site, Services or Consumr Buzz Content or download Consumr Buzz Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Consumr Buzz or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing an Consumr Buzz trademark, logo URL or product name without Consumr Buzz’s express written consent;
Use the Site, Services or Consumr Buzz Content for the purpose of bringing an intellectual property infringement claim against Consumr Buzz or for the purpose of creating a product or service competitive with the Services.
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Consumr Buzz Content to send altered, deceptive or false source- identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Consumr Buzz Content;
Interfere with, or attempt to interfere with, the access of any user, host or network connected to the Site or Services, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Consumr Buzz will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site and Services security issues, to the fullest extent of the law. Consumr Buzz may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Consumr Buzz has no obligation to monitor your access to or use of the Site, Services or Consumr Buzz Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Consumr Buzz reserves the right, at any time and without prior notice, to remove or disable access to any Consumr Buzz Content and any User Content, that Consumr Buzz, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Services.
The Site, Services and Consumr Buzz Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Consumr Buzz and its licensors exclusively own all right, title and interest in and to the Site, Services and Consumr Buzz Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Consumr Buzz Content. Consumr Buzz claims no ownership interest in any Third Party Materials and expressly disclaims any liability concerning those materials.
All trademarks, service marks, logos, trade names and any other proprietary designations of Consumr Buzz used herein are trademarks or registered trademarks of Consumr Buzz. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
12. CHANGES TO SERVICES OR TERMS
Consumr Buzz reserves the right, in its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time. Changes to the Services may include the modification or discontinuation of any “review aggregation” services currently offered as part of the Services. If we modify these Terms, we will post the modification on the Site or otherwise provide you with notice of the modification. By continuing to access or use the Site or Services after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services. These Terms may only be modified in writing as set forth in this paragraph and may not be modified orally. Please visit this page regularly to review these Terms for any changes.
Without limiting other remedies, Consumr Buzz may at any time suspend, terminate, or refuse to provide you with access to the Site or Services. In addition, Consumr Buzz may notify authorities or take any actions it deems appropriate, without notice to you, if Consumr Buzz suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms and Conditions or any policies or rules established by Consumr Buzz; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Consumr Buzz users, Consumr Buzz or any other third parties or the Site or Services.
Without limiting any other terms of these Terms and Conditions, you may stop using the Site and Services at any time.
After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms and Conditions will immediately cease. Consumr Buzz will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE SITE OR VIA THE SERVICES WILL NO LONGER BE ACCESSIBLE BY YOU VIA THE SERVICES THEREAFTER. HOWEVER, CONSUMR BUZZ SHALL CONTINUE TO HAVE A LICENSE TO UTILIZE THE USER CONTENT.
Any suspension, termination or cancellation will not affect your obligations to Consumr Buzz under these Terms and Conditions (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
14. PRICING AND BILLING
Please see contract for information regarding pricing and billing for these Services. If you have any questions about Consumr Buzz’s billing policies, please contact Consumr Buzz at [email protected]
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
CONSUMR BUZZ, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CONSUMR BUZZ, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.
NOTHING IN THESE TERMS, INCLUDING SECTIONS #15, #17, SHALL EXCLUDE OR LIMIT CONSUMR BUZZ’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold Consumr Buzz, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content, your access to or use of the Site, Services or Consumr Buzz Content, or your violation of these Terms.
18. LIMITATION OF LIABILITIES
SUBJECT TO SECTION #14 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONSUMR BUZZ, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE LIMITATIONS ON CONSUMR BUZZ’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT CONSUMR BUZZ HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CONSUMR BUZZ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES FOR THE LAST THREE MONTHS.
19. ENTIRE AGREEMENT, GOVERNING LAW, SEVERABILITY, NON-WAIVER, ASSIGNMENT
These Terms, together with our Privacy and Security Policy at privacy constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Consumr Buzz to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Consumr Buzz must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. These Terms and any action related thereto will be governed by the laws of the State of Florida without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Florida, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
If you have any questions about these Terms, please contact Consumr Buzz at [email protected] or 866.920.5372.