THE FOLLOWING TERMS AND CONDITIONS ("AGREEMENT") GOVERN YOUR USE OF THE ROCKBUZZ NETWORK LOCAL GUIDE TOOL AND SOCIAL NETWORK MADE AVAILABLE TO BOTH UNREGISTERED PUBLIC USERS AND SOCIAL USERS ("SOCIAL USER") AND ALL RELATED SERVICES PROVIDED BY ROCKBUZZ INCLUDING, BUT NOT LIMITED TO, SOCIAL NETWORKING AND THE "UNIFIED INBOX" TOOLS ACCESSIBLE VIA:
- (A) OUR CENTRAL HUB: ROCKBUZZ.COM;
- (B) OUR MOBILE APPLICATION: THE ROCKBUZZ SOCIAL APP ("APP");
- (C) OUR LOCAL MARKET CHANNELS: DOMAINS THAT REDIRECT TO OR FEED INTO THE ROCKBUZZ PLATFORM, INCLUDING ROCKFORDBUZZ, STATELINEBUZZ, JANESVILLEBUZZ, AURORABUZZ AND PEORIABUZZ (COLLECTIVELY, THE "ROCKBUZZ MARKETS").
COLLECTIVELY, OUR HUB WEBSITES, THE ROCKBUZZ MARKETS, THE APP AND THE DIGITAL INTERFACES ARE REFERRED TO AS THE "PLATFORM". SOCIAL USERS AND PUBLIC USERS ARE COLLECTIVELY REFERRED TO HEREINAFTER AS "YOU" AND/OR "YOUR".
ALL SERVICES MADE AVAILABLE BY ROCKBUZZ ON THE PLATFORM ARE COLLECTIVELY REFERRED TO AS THE "SERVICE". YOU ACKNOWLEDGE THAT ROCKBUZZ MARKETS FUNCTION AS GATEWAYS TO THE CENTRAL SERVICE. BY ACCESSING ANY LOCAL MARKET, YOU ARE ACCESSING THE SINGLE, UNIFIED ROCKBUZZ PLATFORM AND AGREE TO BE BOUND BY THESE GLOBAL TERMS.
BY EITHER USING THE SERVICE AS AN UNREGISTERED PUBLIC USER OR BY REGISTERING TO USE OUR SERVICE AS A SOCIAL USER, YOU AGREE TO ACCEPT THESE TERMS, WHICH YOU ACKNOWLEDGE IS A BINDING AGREEMENT WITH ROCKBUZZ NETWORK, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY ("ROCKBUZZ", "WE" OR "US"), AND YOU ALSO AGREE TO ACCEPT OUR SEPARATE TERMS OF USE GOVERNING GENERAL USE OF ROCKBUZZ.COM AND EACH SEPARATE LOCAL ROCKBUZZ MARKET SITE BY ALL VISITORS AND YOU HEREBY CONSENT TO OUR COLLECTION AND USE OF INFORMATION WHICH MAY PERSONALLY IDENTIFY YOU AND OTHER DATA AS SET FORTH IN OUR PRIVACY POLICY AND AGREE TO THE TERMS THEREOF.
THE INDIVIDUAL ENTERING INTO THIS AGREEMENT REPRESENTS THAT HE OR SHE IS AT LEAST 18 YEARS OF AGE.
BY DOWNLOADING AND INSTALLING OUR APP FROM OUR WEBSITE, THE GOOGLE PLAY STORE AND/OR THE APPLE APP STORE ON YOUR MOBILE DEVICE(S), YOU ALSO HEREBY ACCEPT THESE TERMS.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, THAT YOU UNDERSTAND THIS AGREEMENT AND THAT YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH ROCKBUZZ. IN THE EVENT YOU DO NOT AGREE TO ACCEPT ANY OF THE TERMS CONTAINED HEREIN, YOU ARE NOT PERMITTED TO USE OUR SERVICE AND MUST IMMEDIATELY UNINSTALL OUR APP FROM YOUR DEVICE.
1. Platform & App Access & Use Rights.
1.1. Platform Access Rights Grant.
Subject to Your continued compliance with this Agreement, You are hereby granted with the non-exclusive, non-transferable and revocable limited right to access and use the central hub accessible via the Platform on a password-protected secure area to access any of our local RockBuzz Markets as a Social User (and all functionality in connection therewith), and to download and install all App files on any mobile device You own and control to view local events and local businesses in any applicable local RockBuzz Market including access and use of the "Social Integrations" tools to connect authorized third-party accounts (e.g., Facebook, Instagram, TikTok) for the purpose of cross-posting content and scheduling posts, the "Unified Inbox" to aggregate and send and reply to messages from supported third-party platforms and our online deals/promotions page, all until such rights are terminated by RockBuzz, or upon any cancellation of Your account, as set forth in Section 1.4 below.
We shall exclusively retain all rights not expressly granted to You as set forth in this Agreement in and to each separate component comprising our Platform, together with all trademarks, trade secrets and any other proprietary rights inherent therein and related thereto. Access and use rights in and to the Platform and Service are being granted and not sold to You under the terms and conditions of this Agreement. All content other than Business Content, features and functionality and each separate element/component of our Service and Platform are owned exclusively by RockBuzz and are protected by copyright, trademark, and other intellectual property laws. You acknowledge that any derivative works, improvements, or modifications to the Platform created by You or anyone else shall be owned exclusively by RockBuzz. This includes, but is not limited to, listing & compilation data. You acknowledge that the compilation, arrangement, and assembly of local business listings, event lists, and community posts on the Network constitute the exclusive intellectual property of RockBuzz. Even if individual data points (such as a business address) are public facts, the systematic collection and organization of this data is proprietary.
1.2. Access Use Restrictions & Availability.
In our sole discretion, we may set, impose or enforce limits on Your use, or restrict Your access to some or all of the Service features, change, discontinue, suspend or terminate the availability of some or all of Your Business Content or any other separate feature of the Service at any time for any reason with or without notice to You. We will not be liable to You for any damages of any kind as a result of any such future restriction, modification, deletion, discontinuation, suspension and/or termination including access to any Business Content.
1.3. Taxes.
Your ability to access and use the Service or any separate functionality of the Service in connection therewith may require the payment of third party fees and charges (including but not limited to fees and charges such as Internet service provider fees, or fees or taxes imposed on Internet services, including any sales or use taxes, by governmental agencies). You are responsible for paying all such fees, charges and taxes. We are not responsible for any equipment You may need to be able to access or use the Service.
1.4. Registration and User Accounts.
To access certain features (e.g., Claiming Deals, RSVPing to Events), you must register a "Social User Account." This single account grants You access to all Rockbuzz Markets (e.g., Rockford, Janesville) and the App. Your account is for personal, non-commercial use. You may not use your Social User account to scrape data, solicit businesses for your own services, or compile lists of leads to utilize the Service. This single account grants You access to the Platform and allows You to manage advertising across all available RockBuzz Markets. You acknowledge that: (i) Your login credentials (username/password) are valid for the App and the business.rockbuzz.com dashboard; and (ii) You are responsible for all activity that occurs under Your Global Account, regardless of which local market the activity targets. Once You provide the requested information during the registration process (Your first and last name and email address), an account will be automatically created. You warrant and represent to us that any information that You provide during registration is accurate and current. You will be required to maintain and update the user registration information as required to keep your information complete and accurate at all times. We may act in reliance without investigation upon Your log-In information. We may, in our discretion, terminate, suspend, or modify Your registration with, or access to, all or part of the Service, without notice, at any time if We discover that You have provided untrue, inaccurate or incomplete registration information. You will be required to create a user ID and password to log-in. You can use this log-in information (or Your Google account credentials) to access the Service on our Website. It is Your responsibility at all times to maintain the security and confidentiality of Your account information, including your user ID and password information. We are not responsible and shall have no liability to You for any misuse or unauthorized access or use of Your account. You agree that You shall be the only user of Your account and will not allow others to use Your account information to log-in and access the Service other than has may be expressly allowed as stated in this Agreement. Social Users agree to use the same/only account to access their Business Content for search usage. Impersonating individuals or organizations through account creation, usernames and/or Business Content is not permitted.
1.5. Access Term & Cancellation.
1.5.1. Access Term & Termination.
Your rights to access and use the Service shall begin on the date You register and create an account on our Platform and shall continue until either such access rights are terminated by RockBuzz, or upon any cancellation by You ("Term") as set forth in this Section. RockBuzz may terminate this Agreement and/or discontinue providing You with access to the Service at any time for any reason not prohibited by law and without any notice to You, permanently or temporarily, including, but not limited to, if we are unable to access or use any of the third-party services required to operate the Service, or any such services are discontinued, become obsolete or are otherwise not commercially available. We shall not be liable to You or to any third-party for any loss caused by any termination of the Service or termination of Your access to the Service including any damage or loss to any data, computers, systems, or networks. RockBuzz may elect to terminate this Agreement at any time in addition to any other remedy RockBuzz may have under this Agreement due to any breach by You of any term hereof without advance notice to You. Upon termination, Your access to the Service and Your access to any Business Content, including the Business Content dashboard for Social Users, will be disabled and You shall immediately cease all use of the Service.
1.5.2. Cancellation.
You may cancel your account and rights to access and use the Service at any time for any reason directly through Your account dashboard or contacting customer support. Upon any cancellation, we will no longer debit your credit card or other payment method, but Your account and access to the Platform will remain active until the end of your current subscription period.
1.6. Force Majeure.
Notwithstanding the foregoing, RockBuzz will not be liable to You for any failure or delay in the availability of the Service during the Initial Term or any renewal term due to causes beyond its reasonable control, which may include, without limitation, inability to obtain and/or denial of services essential to operation of the Service, or malicious attacks, telecommunications failure or degradation, pandemics, epidemics, public health emergencies, governmental orders and acts, material changes in law, war, terrorism, riot, or acts of God.
1.7. General Use Restrictions.
You are not authorized to (i) co-brand, co-market, white label, distribute, syndicate, modify or use the Service or any portion thereof including for purposes including (without limitation) offering a service similar to or competitive with the Service, or to gain unauthorized access to the Service; (ii) otherwise use the Service or any text, graphics, headers, banners, images, videos, applications, files or any other separate Platform element that is part of the Service as made available to You through Your browser for any commercial use or purpose whatsoever, in whole or in part, except as otherwise expressly permitted pursuant to the access rights being granted to You under this Agreement; or (iii) modify, create derivative works from or decompose, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of the Platform or Service.
1.8. Security Restrictions.
At all times during Your access and use of our Service, You shall:
- not interfere with the Service via automated means;
- not violate existing security measures;
- not use spam, malware or bots or use the Service to violate any laws, including, but not limited to, copyright, trademark, or any other intellectual property rights;
- not provide unauthorized access to the Platform without express permission from RockBuzz.
1.9. Feedback.
You may voluntarily provide suggestions, comments, or other feedback regarding the Service ("Feedback"). You agree that RockBuzz shall be free to use, disclose, reproduce, license, or otherwise distribute and exploit any Feedback as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
2. Business Content.
2.1. No Business Content Investigation.
We assume no responsibility to investigate any Business Content. We shall not be responsible or liable to You for any damages whatsoever of any kind for any Business Content which is ultimately relied upon by You for any purpose whatsoever.
2.2. Reporting Copyright Infringement.
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. RockBuzz complies with the Digital Millennium Copyright Act (DMCA) and employs a DMCA Safe Harbor policy. If you believe that any User Business Content violates your copyright, please see our Copyright & Trademark Infringement Notice Policy for instructions on sending us a notice of copyright infringement.
3. Local Business Deals & Events.
3.1.
RockBuzz provides a platform for local businesses (our Business Users) to post deals, events, and coupons. We are not the seller of these goods or services. We do not endorse, vouch for, or guarantee the quality, safety, or legality of any businesses You encounter in any given RockBuzz Market.
3.2. Coupons & Deals Disclaimer.
We do not guarantee that a Business User will honor a specific coupon or deal displayed on the App. Deals are subject to the specific terms set by the Business Users (e.g., "Dine-in only," "Expires 12/31"). It is your responsibility to verify these details with the Business before arriving. RockBuzz does not process payments for goods/services and cannot issue refunds for a Business User's failure to deliver.
3.3. Assumption of Risk (Events).
If you attend an event found on our Event Calendar, You assume all risks associated with that event (e.g., injury, cancellation). You agree to hold RockBuzz harmless for any incidents that occur at a third-party venue.
4. Local Business Data Sharing.
4.1. Express Consent to Share Information.
You acknowledge and agree that a core function of the RockBuzz Network is to connect local consumers with local businesses (our Business Users). By taking any "Affirmative Action" on the Platform to engage with a Business User, You expressly consent to RockBuzz sharing Your profile contact information (which may include Your Name, Email Address, and Phone Number) with that specific Business User. "Affirmative Actions" include, but are not limited to:
- Clicking "Redeem Deal" or "Claim Offer";
- Clicking "Request a Quote," "Book Now," or "Contact Business";
- RSVPing to an event hosted by a Social User;
- "Following" or "Subscribing" to a Social User's profile;
- Scanning a QR code provided by a Social User via the App.
4.2. Effect of Sharing Data.
Once You take an Affirmative Action:
- Transfer of Data: Your contact information is immediately transferred to the Business User's dashboard.
- Direct Relationship & Liability Waiver: You acknowledge that once this transfer occurs, Your data becomes subject to that Business User's own privacy policy and data practices. RockBuzz has no control over how a Business User stores, secures, or uses Your data once it leaves our Platform. We shall have no liability to You whatsoever of any kind or nature for the manner in which any Business User uses any data You make available or otherwise share with such Business User through use of our Service.
- Marketing Communications: You understand that by taking an Affirmative Action, You may receive commercial emails, phone calls, or text messages directly from that Business User. You agree that RockBuzz is not responsible for these communications. To stop receiving messages from a Business User, You must contact them directly or use their specific unsubscribe method.
4.4. No Sale of Data to Unrelated Third Parties.
RockBuzz commits that we do not sell Your personal contact information to third-party data brokers or unaffiliated businesses for their independent marketing purposes without Your separate, explicit consent. You share Your data with the specific Business Users You choose to engage with as described in Section 4.1.
5. User Conduct & Business Reviews.
5.1. Reviews & Comments.
If you leave a review or comment on a Business Profile: Your review must be based on your actual, first-hand experience. You may not review your own business, your employer, or a competitor. You may not post hate speech, threats, doxxing, or unrelated spam.
5.2. Content Moderation.
RockBuzz reserves the right (but has no obligation) to remove any review or comment that violates these terms or our community standards. We do not "fact check" reviews and are not liable for the opinions of our users.
6. Social App Terms.
6.1. Mobile App Safety & Content Moderation.
To comply with app store safety standards (including Google Play and Apple App Store), the following applies to your use of the RockBuzz Mobile App:
- Objectionable Content & Reporting. RockBuzz maintains a zero-tolerance policy for objectionable content. We provide a mechanism within the App for users to flag or report content that violates our policies. We will act on such reports within 24 hours by removing the offending content and ejecting the user who provided the offending content if necessary.
- Reporting Mechanism: The App provides a feature for users to flag or report content that violates these terms.
- Action & Removal: RockBuzz will review reported content and typically act within 24 hours to remove offending content and eject the user who posted it if necessary.
6.2. Mobile Features & Permissions.
- Push Notifications: By installing the App, You agree to receive push notifications regarding Your account, about local deals or events, and Service updates. You can turn off these notifications at any time in your device settings, though this may impact your ability to receive time-sensitive alerts about your Business Content.
- Location Services: If You opt-in to location-based features as applicable (i.e. "Nearby Deals", You grant RockBuzz permission to track your device's geolocation. You acknowledge that turning off location services may disable certain features of the App.
6.3. Apple App Store Specific Terms.
If You access or download the RockBuzz App from the Apple App Store, You agree to the following additional terms:
- Scope of License: The license granted to You for the App is limited to a non-transferable license to use the App on any Apple-branded products that You own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
- Acknowledgment: This Agreement is between You and RockBuzz only, not Apple. RockBuzz, not Apple, is solely responsible for the App and the content thereof.
- Maintenance: Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- Warranty: Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the App (if any) to You; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
- Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You.
7. NO WARRANTIES.
THE SERVICE IS BEING PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, ROCKBUZZ SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS OR INTEROPERABILITY OF THE SERVICE; AND (II) ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR GUARANTEE THAT: (1) ANY PORTION OF THE PLATFORM WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT THE FUNCTIONS PERFORMED BY US IN MAKING THE SERVICE OR ANY OF YOUR BUSINESS CONTENT AVAILABLE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INACCURACIES WILL BE CORRECTED.
ROCKBUZZ DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE. WE DO NOT WARRANT OR GUARANTEE THE QUALITY OR LEGITIMACY OF ANY PRODUCTS OR SERVICES RECEIVED FROM BUSINESS USERS THROUGH YOUR USE OF THE SERVICE OR THAT SUCH BUSINESS USERS ARE REPUTABLE OR OPERATE EXISTING AND/OR LEGITIMAGE BUSINESSES. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE SERVICE AND WITH YOUR INTERACTIONS WITH BUSINESS USERS INCLUDING YOUR USE/RELIANCE ON ANY OF THEIR PRODUCTS OR SERVICES.
8. DOWN TIME DISCLAIMER.
Your access to the Service internally through our Business Content Dashboard may be unavailable, whether due to periodic maintenance, unavailability from the acts or omissions of third-party platform providers, or for other reasons outside of our control. We shall not have any liability to You of any kind whatsoever for any Service interruptions or downtime regardless of the duration of such interruption that may restrict Your access and use of the Service and any Business Content for any of the following reasons: (i) periodic maintenance (notice of which may be emailed to the email address You provide to Us in relation to Your account), (ii) any reason described in the section regarding Force Majeure contained in Section 1.6, (iii) Your inability to access the Service and any Business Content due to problems related to Your computer/device hardware, wireless Internet network, Your Internet service provider, or any other similar problem, or (iv) unavailability from the acts or omissions of any third-party providers We use and rely upon to provide the Service to You. You agree to assume this risk before electing to use the Service or pay any Usage Fees.
9. LIMITATION OF LIABILITY.
WE SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR YOUR USE AND/OR RELIANCE ON ANY BUSINESS CONTENT AS PUBLISHED ON ANY LOCAL ROCKBUZZ MARKET, YOUR USE OF ANY SERVICES OR GOODS FROM ANY LOCAL BUSINESS USER IN CONNECTION WITH YOUR USE OF THE SERVICE OR FOR THE MANNER IN WHICH ANY BUSINESS USER MAY USE YOUR DATA. WE HAVE NO CONTROL OVER, AND SHALL HAVE NO LIABILITY TO YOU WHATSOEVER FOR, WHETHER AND IN WHAT MANNER ANY BUSINESS USERS OF ANY ROCKBUZZ MARKET USE THEIR BUSINESS CONTENT. WE SHALL NOT BE LIABLE AS STATED ABOVE REGARDLESS OF THE CAUSE OF ANY DAMAGES INCURRED, INCLUDING ANY DAMAGES NOT FORESEEABLE AND REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME.
IN ALL CASES, SOCIAL USERS SHALL BE LIMITED IN THEIR RECOVERY FROM US FOR ANY AND ALL DAMAGES OF ANY KIND OR NATURE BASED ON ANY BREACH OF THIS AGREEMENT BY US OR OTHERWISE IN CONNECTION WITH YOUR USE OF THE SERVICE TO THE TOTAL AMOUNT OF ALL SUBSCRIPTION FEES PAID BY YOU HISTORICALLY PRIOR TO THE DATE OF THE ASSERTION OF THE CLAIM.
YOU ACKNOWLEDGE YOU ARE WAIVING RIGHTS CONCERNING CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF AND YOUR RIGHTS UNDER ANY LAW THAT OTHERWISE MIGHT LIMIT WAIVER OF SUCH CLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW.
10. Exceptions to Disclaimers & Limitations.
To the extent that We may not disclaim any implied warranty or limit our damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.
11. Data Privacy Practices.
WE COLLECT AND STORE CERTAIN INFORMATION SUBMITTED BY OUR USERS IN CONNECTION WITH USING OUR WEBSITE. PLEASE READ THE FOLLOWING SECTION AND SEE OUR PRIVACY POLICY FOR MORE DETAILS.
By entering into this Agreement, any individual Social User agrees to our collection, use and disclosure of all information we collect and sometimes share in accordance with our Privacy Policy. All details of our collection and use of any information we collect from you is set forth in detail in our Privacy Policy, as may be updated from time to time. The information we may collect and share includes any other information we may decide to collect and share from time to time, including information we automatically collect about your use and interaction with our Website and the Service. You acknowledge that you have read the Privacy Policy and that it is a part of this Agreement and You hereby consent to our collection and use of any information as described therein. We also use cookies as described in our Privacy Policy, for the purpose of managing access to Your Business Content Dashboard, and for other purposes. The manner in which we use any information that You submit or that we collect automatically through your access and use of the Service shall at all times be consistent with this Section and with our Privacy Policy. If there is any conflict between the terms of our Privacy Policy and the terms of this Agreement, the terms of this Agreement shall control. Identity Information collected by us in connection with this Agreement may be stored and processed in the United States or any other country in which we maintain facilities. You consent to any such transfer of your Identity Information outside of your country of citizenship or residence.
12. ARBITRATION.
EXCEPT FOR ACTIONS TO PROTECT ANY PARTY'S INTELLECTUAL PROPERTY RIGHTS, TO REMEDY ANY BREACH OF THE TERMS OF SECTIONS 1.7 OR 1.8 BY YOU, OR TO ENFORCE AN ARBITRATOR'S DECISION HEREUNDER, THE PARTIES AGREE TO GIVE UP THEIR RESPECTIVE RIGHTS TO SEEK INJUNCTIVE RELIEF AND/OR BRING ANY CLAIMS RELATING TO THIS AGREEMENT BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL INCLUDING WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY AND THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT(S) AND TO OTHERWISE RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY BINDING ARBITRATION. Except as stated above, any claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and RockBuzz, our agents, employees, members, managers, officers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration under the then-current rules of the American Arbitration Association ("AAA") and shall be administered by a single arbitrator appointed by the AAA from the panel of commercial arbitrators of any of the AAA Large and Complex Resolution Programs. Any arbitration proceeding shall be brought and heard exclusively in Winnebago County, state of Illinois, USA. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to i) award punitive damages to either You or RockBuzz unless such punitive damages are an available remedy as codified under any of the laws of the state of Illinois governing the specific substantive subject matter of the claim(s) the subject of any arbitration proceeding then in effect at the time of such claim, or ii) any award inconsistent with the limitation on liability set forth in Section 9. Any judgment may be entered exclusively in the 17th Circuit Judicial Court of Winnebago County, situated in Rockford, Illinois, USA, and the arbitrator shall award reasonable costs and fees, including reasonable attorney's fees and all arbitration fees, to the prevailing party, notwithstanding the then-current rules of the AAA.
EACH PARTY MUST NOTIFY THE OTHER PARTY IN WRITING VIA CERTIFIED U.S. MAIL OF ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE REQUIRED TO BE RESOLVED BY BINDING ARBITRATION THAT SUCH PARTY INTENDS TO SUBMIT TO ARBITRATION PURSUANT TO THIS SECTION WITHIN ONE (1) YEAR AFTER THE EARLIER OF I) THE DATE THE ACT GIVING RISE TO THE CLAIM FIRST OCCURS, OR II) THE DATE THE CLAIMING PARTY DISCOVERS THE EXISTENCE OF ANY SUCH CLAIM, WHICH SHALL BE DEFINED AS THE DATE SUCH PARTY SHOULD HAVE DISCOVERED THE EXISTENCE OF THE FIRST ACT GIVING RISE TO THE CLAIM IF THAT DATE IS EARLIER THAN THE ACTUAL DISCOVERY DATE HAD SUCH PARTY USED EITHER CUSTOMARY AND/OR COMMERCIALLY PRUDENT PRACTICES REASONABLY EXPECTED TO BE USED BY SUCH PARTY UNDER THE CIRCUMSTANCES. OTHERWISE, SUCH CLAIM SHALL BE PERMANENTLY BARRED.
13. Indemnification.
You hereby agree to defend, indemnify and hold RockBuzz, our members, managers, officers, employees, consultants, agents and representatives harmless from and against any claims, liabilities, damages or costs (including without limitation fees, costs and other expenses of attorneys and expert witnesses) arising out of or in any way related to (i) any breach of this Agreement by You including, but not limited to, any actual or alleged violation by You of any intellectual property, proprietary or other right of any third-party, or any breach of, or inaccuracy in, any representation or warranty by You as contained in this Agreement; and (ii) Your access and use of the Service and/or any Business Content generally.
14. MODIFICATIONS.
We reserve the right, at any time, to amend the provisions of this Agreement. Notice of any such modification(s) will be posted at the top of our Website page displaying this Agreement along with the effective date of such change(s) and/or You will be notified upon the first time You log-in after such modification(s) are effective. You agree to regularly check this Agreement as posted on this Website to view the then-current terms of this Agreement. If You do not accept any amendments, You must terminate Your account by notifying us in writing by email of Your election to do so, and this Agreement will then terminate, in which case You shall receive a prorated refund of the Usage Fees. If we post amended terms to this Agreement on our Website, such terms will automatically become effective, shall be incorporated into this Agreement immediately upon being posted, and if inconsistent with any other terms and conditions of this Agreement, shall supersede any such conflicting terms or conditions. By accessing and using the Service after such revised terms are posted, You agree to be bound by any such revised terms. Your access and use of the Service will always be subject to the most current versions of these terms and our Privacy Policy in effect at the time of such use.
15. Miscellaneous:
A. Entire Agreement.
You agree that this Agreement constitutes the complete and exclusive agreement regarding Your access to and use of the Service and Business Content and supersedes any prior communications, representations or agreements of the parties, whether written or oral to the extent in conflict with any provision of any other applicable agreement relating to the Service.
B. Severability.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality, and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
C. Venue & Choice of Law.
This Agreement shall be construed and enforced under the laws of the state of Illinois, USA, without regard to any applicable conflict of laws principles and without regard to any applicable International laws, treaties or regulations. Other than claims required to be submitted to arbitration pursuant to Section 12 above, all other claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or Your use of the Service in general may only be brought and heard exclusively in the 17th Circuit Judicial Court of Winnebago County, situated in Rockford, Illinois, USA, and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extraterritorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing access to and use of the Website by You.
D. Prevailing Party Fees.
In the event of any action or proceeding brought by either party to enforce the validity of this Agreement and/or to enforce any provision hereof including, but not limited to, any arbitration proceeding brought pursuant to Section 12, any declaratory action or any other action at law or equity, the prevailing party shall be entitled to recover from the other party all costs and expenses incurred by such party in connection therewith including all reasonable attorneys' fees.
E. Waiver.
The waiver of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver by RockBuzz of any other or subsequent breach by You.
F. Assignment.
RockBuzz may assign its rights and obligations under this Agreement without Your consent at any time with or without notice to You. You may not assign, delegate or otherwise transfer all or any part of Your rights or obligations under this Agreement without the prior written consent of RockBuzz. Any such attempted assignment, delegation, or transfer will be null and void.
G. Survival.
The provisions contained in Section 3 (Deals & Events Disclaimer), Section 4.2 (Data Sharing Disclaimer), Section 7 (No Warranties), Section 9 (Limitation of Liability), Section 12 (Arbitration), Section 13 (Indemnification), and all of the provisions contained in Section 15 (Miscellaneous) shall extend beyond the termination of this Agreement or otherwise beyond the expiration of Your right to use the Service and will remain in effect in perpetuity.
H. No Joint Venture or Partnership Relationship.
Nothing in this Agreement shall be construed to create a partnership, joint venture or combined entity by or between RockBuzz and You or to make either the agent of the other and neither shall have the authority to bind the other. You agree not to hold yourself out as a partner, joint venturer, combined entity or agent of RockBuzz. Each party shall be solely responsible for determining the applicability of, and compliance with, any present and future federal, state and local laws, orders, codes, regulations, and ordinances that may apply to each party and their respective businesses and employees.
I. Contact Us.
If you have any questions about these Terms, please contact us at: info@rockbuzz.com.