The Buzz to the Rescues ("the Software Product", "Us") and accompanying online documentation is a "software as a service" site and is subscription based and not sold. This Software Product and the Services are protected by copyright, trade secret, and other intellectual property laws. Laurie Paquette and Margo Dolan or its subsidiaries, affiliates, and suppliers (collectively "BUZZ TO THE RESCUES") own intellectual property rights in the Software Product. The User's ("You" or "Your") subscription based access to the Software Product is subject to these rights and to all the terms and conditions of this Software as a Service Agreement ("Agreement"). You are only granted the right to use the Services and only for the purposes described by Buzz to the Rescues.
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND ACCESSING THE BUZZ TO THE RESCUES SOFTWARE PRODUCT AND USING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO ACCESS THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT USE THE SOFTWARE PRODUCT.
THIS AGREEMENT GOVERNS YOUR USE OF OUR SERVICES AND SOFTWARE PRODUCT. BY ACCEPTING THIS AGREEMENT, BY CLICKING A BOX INDICATING YOUR ACCEPTANCE; BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT; BY USING SUCH SERVICES AND SOFTWARE PRODUCT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SOFTWARE PRODUCT.
Protection of Your Data: All data is the organizations, and not the property of The Buzz Group, Inc nor Buzz to the Rescues. All data shall be made available to the respective rescue organization for download at all times. Organization shall have the ability to wipe all data from The Buzz Group, Inc.'s server at any time. Once deleted, it will no longer be available to any entity including the organization and The Buzz Group, Inc.
We will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Your Data by Our personnel except (a) to provide the Subscribed or Purchased Services and prevent or address service or technical problems, (b) as required by law, or (c) as You expressly permit in writing. Except with respect to a Free Trial, to the extent that The Buzz Group, Inc; Buzz to the Rescues processes any Personal Data contained in Customer Data, on Customer's behalf, in the provision of the Services, the terms of the agreement shall apply and the parties agree to comply with such terms.
Cost of Subscriptions: We offer two simple pricing models to our clients. Our monthly subscription offers a rate of $79 per month and is set up as a reoccurring monthly payment. We also offer an annual subscription which is offered at $758 per year (or current rate) . Both plans require a flat $199 customization fee. The customization fee is non refundable.
For whatever reason, if You are unable to to meet the pre-launch commitments and the project is delayed in excess of 60 days from signing this contract, a new project time frame will begin based on availability of the Buzz Group Inc. support team. An additional $199 customization fee may be required.
Payment: Payment of Customization Fee ($199) and annual subscription fee of $758.00 USD or monthly subscription fee of $79. 00 USD is due upon signing our agreement. . Monthly subscriptions are set up as recurring payments each month in the amount of $79.00 USD per month. Payments will be due on the same date each month of the original monthly subscription. If the given month is shorter, than the fee will be charged on the last business day of the month.
Failure to Pay: Payments are accepted on line and a valid credit card is used for all payments via PayPal. You agree to keep your credit card information current.
If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse your use of the Services.
If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
Cancellation of Subscription: Buzz to the Rescues will automatically renew your monthly or annual Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement. There is no minimum subscription period. You can end your agreement with the Buzz Group, Inc. at any time with a 30 day notice. During the 30 day notice you are responsible for downloading your data. The Buzz Group, Inc will delete all your data from the server on day 31 after notice is given and accepted.
Ownership of Data: YOU OWN THE DATA ON YOUR SITE. PRE-LAUNCH PERIOD IS DEFINED AS THE PERIOD OF TIME BETWEEN YOU SIGNING THIS AGREEMENT AND THE GO LIVE DATE OF YOUR NEW SITE. ANY DATA YOU ENTER INTO THE SERVICES AND SOFTWARE PRODUCT, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES AND SOFTWARE PRODUCT BY OR FOR YOU, DURING THE PRE-LAUNCH PERIOD WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AND SOFTWARE PRODUCT AS THOSE COVERED DURING THE PRE-LAUNCH PERIOD. THEREFORE, IF YOU ELECT NOT TO PURCHASE A SUBSCRIPTION WITHIN 60 DAYS OF SIGNING THIS AGREEMENT, YOU MUST EXPORT YOUR DATA OR YOUR DATA WILL BE PERMANENTLY LOST. DURING THE PRE LAUNCH PERIOD THE SERVICES ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY AND THE BUZZ GROUP INC.,BUZZ TO THE RESCUES SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO THE SERVICES AND SOFTWARE PRODUCT FOR THE PRE-LAUNCH PERIOD. WITHOUT LIMITING THE FOREGOING, THE BUZZ GROUP, INC; BUZZ TO THE RESCUES AND ITS AFFILIATES AND ITS OWNERS, AGENTS OR EMPLOYEES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES AND SOFTWARE PRODUCT DURING THE PRE-LAUNCH PERIOD WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES AND SOFTWARE PRODUCT DURING THE PRE-LAUNCH PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE PRE-LAUNCH PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION LIMITATION OF LIABILITY, YOU SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO THE BUZZ GROUP, INC; BUZZ TO THE RESCUES AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES AND SOFTWARE PRODUCT DURING THE PRE-LAUNCH PERIOD, ANY BREACH BY YOU OF THIS AGREEMENT AND ANY OF YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER.
Restrictions on Transfer: Without first obtaining the express written consent of THE BUZZ GROUP, INC; BUZZ TO THE RESCUES, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sub subscribe, or otherwise transfer your rights to the Software Product.
Restrictions on Use: You may not de-compile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product.
Restrictions on Alteration: You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product.
Optional Purchased Services: The Buzz Group Inc offers clients Optional Purchased Services; for example, marketing campaigns, social media, and site customization. These services will be contracted under an separate agreement which will outline scope and costs on a per project basis. Any Optional Purchased Services will have no bearing on this contract and the two are mutually exclusive.
Future Functionality. You agree that Your subscription is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Us regarding future functionality or features.
Professional Portfolios: The Buzz Group,Inc, and its subcontractors retain the right to display graphics, links and other design or development elements as examples of their work in their professional portfolios.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY THE BUZZ GROUP,INC: BUZZ TO THE RESCUES, THE BUZZ GROUP,INC: BUZZ TO THE RESCUES MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT.
THE BUZZ GROUP, INC; BUZZ TO THE RESCUES makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. THE BUZZ GROUP, INC; BUZZ TO THE RESCUES makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. UNDER NO CIRCUMSTANCES SHALL BUZZ TO THE RESCUES, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF BUZZ TO THE RESCUES OR ANY OTHER PARTY, EVEN IF BUZZ TO THE RESCUES IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS BUZZ TO THE RESCUES'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction of the Software Product. Selection of whether to correct shall be solely at the discretion of THE BUZZ GROUP, INC; BUZZ TO THE RESCUES. If THE BUZZ GROUP, INC; BUZZ TO THE RESCUES is unable to provide corrections to the Software Product, your sole alternate remedy shall be a refund of the subscription fee for outstanding months on the agreement. Month to month subscription will remedy one monthly subscription fee for the Software Product .
Any claim must be made within ninety days of YOU beginning date of use of the software product. . All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by BUZZ TO THE RESCUES to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold BUZZ TO THE RESCUES harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs . This Agreement is governed by the laws of California, without regard to California's conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
By accepting this Software as a Service Agreement, you acknowledge you have read and agree to its content.