THIS SOFTWARE APPLICATION IS SPONSOR-SUPPORTED. IT WILL USE YOUR INTERNET CONNECTION TO DELIVER ADVERTISEMENTS, PROMOTIONAL OFFERS, AND OTHER SYSTEM DATA, ENABLING BUZME TO PROVIDE YOU WITH A FREE SERVICE, AND A CUSTOMIZED USER EXPERIENCE. PLEASE READ THE LICENSE AGREEMENT BELOW FOR MORE INFORMATION.
End-User License Agreement and Terms of Service
Introduction
This licensed software product ("Licensed Software" or "Product") is sponsor-supported. It will utilize your Internet connection to deliver advertising messages, promotional offers, and other data related to sponsor-supported programs. Sponsor-supported software allows end-users to download, install and enjoy software products either free of charge, or at a substantially reduced cost. Sponsor-supported software utilizes technology that targets promotional offers to users' indicated areas of interest, enabling a customized user experience, and providing users with only those promotional offers most likely to generate high interest and response. In this way, sponsor-supported software benefits both the end-user and the sponsor.
NOTICE: This Licensed Software collects personal information only to the extent that the information is willingly and knowingly provided by the user through optional survey responses. Technical information about a user's computer or Internet connection may also be collected, to optimize performance of the BuzMe software or service. This information is not personally identifiable, and may be aggregated for the purposes of monitoring performance of the Product, or monitoring performance of advertising campaigns delivered on behalf of marketing partners. To learn more about how personal information is collected and used by BuzMe, and third-party partners to BuzMe, read our Privacy Statement, which can accessed from the website, at http://www.buzme.com.
By clicking the "ACCEPT" or "YES" or any other button referenced to this agreement ("License Agreement") that suggests you agree and/or by installing, using, or copying this Product, You are becoming a party to, indicating Your consent to, and agreeing to be bound by the terms of this License Agreement, and the BuzMe Terms of Service, without modification. If You do not understand and accept all of the following terms and conditions, including those terms and conditions regarding the collection of user profile information, then click the "DO NOT ACCEPT" or "NO" or any other button referenced to this License Agreement that suggests you disagree, and You must not install, use, or copy this Product.
1. Definitions
(a)"Agreement" and/or "License Agreement" shall mean this License Agreement and any and all documents incorporated by reference, including but not limited to BuzMe's Privacy Statement, and Privacy Policy Statements from third party Partners to BuzMe, which can be accessed as links from the BuzMe Privacy Statement; (b) "You," and/or "Your" and/or "Member" shall mean the individual or a legal entity exercising rights under, and complying with all of the terms of, this Agreement; (c) " Software" or "Product" shall mean technology, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation, and the resultant combination of licensed software from any Partner or third party that has been incorporated into the underlying software product. ; (d) "Demographic Information" shall mean any information that is not Personally Identifiable Information, and shall include, but is not limited to Your gender, age, zip code, browser type, operating system, and Internet protocol (IP) address and (e) "Personally Identifiable Information" shall mean any information that identifies You to others, and shall include, but shall not be limited to Your first and last name, home or other physical address including street name and name of city or town, e-mail address, and telephone number and (f) "live update" shall mean the automatic updating of the Software on Your computer.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE.
The BuzMe Service ("Service"), owned and operated by BuzMe, Inc. ("BuzMe"), is provided to You ("Member") under the terms and conditions of this BuzMe Terms of Service ("TOS" or "Agreement") and any operating rules or policies that may be published by BuzMe from time to time. The TOS and such policies constitute the entire agreement between Member and BuzMe and supersede all prior agreements between the parties regarding the subject matter contained herein. BuzMe reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on the BuzMe Web site.
Member agrees to review changes to the TOS and the BuzMe Privacy Statement and if any change is not acceptable to Member, Member agrees to terminate use of BuzMe service and the software provided by BuzMe. Member's continued use of BuzMe services and/or BuzMe software after the effective date of any such change constitutes Member's acceptance of all of the changes.
[see software license section 3 below]
2. DESCRIPTION OF SERVICE.
The BuzMe service provides Member with the capability to receive and respond to incoming phone calls, and access voice messages, while connected to the Internet. In order to use the Service, Member must (1) provide all equipment necessary to establish a connection to the Internet, and (2) provide for access to the Internet and pay any telephone service fees associated with such access, and (3) supply all phone service features required by the BuzMe service.
In consideration for this Service, Member agrees to: (1) provide certain current, complete, and accurate information about Member as prompted to do so by the Service, (2) maintain and update this information as required to keep it current, complete, and accurate, and (3) use the Service only in accordance with applicable law. All information requested by BuzMe in connection with Member's initial sign-up for the Service shall be referred to as registration data (the "Registration Data"). BuzMe is firmly committed to protecting the privacy rights of Members, and will never, under any circumstances, disclose private or personally identifiable Registration Data to any third parties without Member's permission, unless required to do so by law or legal process served on BuzMe. Member acknowledges and agrees that BuzMe is a passive conduit for the online distribution of Member communications and neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising there from, or any crime facilitated thereby. Member acknowledges and agrees that certain technical processing of voicemail messages and their content may be required to: (1) send and receive messages: (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements.
The Service provided by BuzMe, pursuant to this Agreement, is being offered only to natural persons age eighteen (18) or older. By accepting the terms of this Agreement, Member is representing and warranting to BuzMe that Member is age 18 or older. If any Registration Data or other information provided to BuzMe by Member is inaccurate, then BuzMe may elect to terminate Member's membership and right to use the Service without notice.
3. SOFTWARE LICENSE. The Software is protected under U.S. and international laws. The Software is licensed to Member for use only (i) in conjunction with BuzMe Services and (ii) in accordance with all of the terms and conditions of this License Agreement and the TOS. This Software license shall expire when the Member's BuzMe account is terminated.
BuzMe grants Member a royalty-free, nonexclusive, worldwide license to download and use the BuzMe software (the "Software"). Member agrees not to make copies of the Software for Member's own use or to distribute to third parties. If Member wishes to encourage friends and associates to download the BuzMe software, member agrees to direct them to the BuzMe website where they can download the software.
Member agrees to periodically (not less than once per month) check the BuzMe web site to see if a more recent version of the Software is available for download, and if so, to download only the most recent version of the Software thereafter. Member may be required to use the most recent version of the software in order to continue using the service. BuzMe may inform members about the availability of new versions of the software via email or through the BuzMe client software.
By agreeing to the TOS, Member expressly agrees not to: modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software or permit others to do so; bypass, defeat or disable any feature or function of the Software; distribute the Software in exchange for any fee, whether fixed or hourly, whether charged separately for services or bundled with a sale of the Software; copy the Software; rent, lease, grant a security interest in, or otherwise transfer rights in the Software; remove or modify any trademark, copyright, logo, proprietary notices, legends, symbols or labels in the Software; export or re-export any portion of the Software (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country to which the U.S. has embargoed exports of goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.
4. MODIFICATIONS TO SERVICE.
BuzMe reserves the right to modify or discontinue the Service from time to time with or without notice to Member. BuzMe shall not be liable to Member or any third party should BuzMe exercise its right to modify or discontinue the Service. BuzMe will post changes to Terms of Service on the BuzMe web site under the section entitled 'Terms of Service' within the Members area of the BuzMe web site.
5. PRIVACY POLICY.
Voice based messages are generally intended by the parties to be private communication between the sender and the recipient. It is BuzMe's policy to respect the privacy of its Members. Therefore, in addition to the privacy of Registration Data as discussed in Section 2, above, BuzMe will exercise its best efforts to prevent the disclosure of the contents of a Member's private communications to third parties, unless BuzMe concludes in good faith that disclosure is required to (1) conform to the edicts of the law or comply with legal process served on BuzMe; (2) defend or otherwise protect the rights or property of BuzMe; or (3) act under exigent circumstances to protect the personal safety of any person or the public generally.
Member acknowledges and agrees that BuzMe neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising there from or any crime facilitated thereby.
Member acknowledges and agrees that BuzMe may be required to undertake certain technical processing of messages and otherwise to have access to their content in order to (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements. Member hereby consents to BuzMe having access for such purposes to the contents of transmissions sent and received by Member under this Agreement.
Member also acknowledges and agrees that, as part of the BuzMe service, where Member calls another BuzMe subscriber, BuzMe may display certain information on the other subscriber's screen as follows: where Member makes a call to another BuzMe subscriber using Caller ID blocking, whether per line or per call, BuzMe will display the calling Member's name only. Where Member does not use Caller ID blocking on the call, BuzMe will display the calling Member's name and telephone number.
Privacy Disclosure Regarding User Profile Information.
YOU ACKNOWLEDGE AND AGREE THAT THE LICENSED SOFTWARE MAY GENERATE POP-UP DIALOGUE BOXES REQUESTING YOU TO VOLUNTARILY PROVIDE CERTAIN DEMOGRAPHIC INFORMATION FROM TIME TO TIME WHILE THE PRODUCT IS ACTIVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE LICENSED SOFTWARE SHALL RESIDE ON YOUR LOCAL SYSTEM AND MAY OPERATE UNOBTRUSIVELY IN THE BACKGROUND, PERFORMING A LIVE UPDATE, DELIVERING ADDITIONAL REQUESTED SOFTWARE, COLLECTING AND TRANSMITTING NON-PERSONALLY IDENTIFIABLE INFORMATION RELATED TO THE DISPLAY AND TRACKING OF ADVERTISING, AND ANY VOLUNTEERED DEMOGRAPHIC INFORMATION ABOUT YOU TO BUZME'S OR BUZME'S PARTNERS' SERVERS, SUCH AS RADIATE, WHENEVER YOUR WEB BROWSER IS ACTIVE.
NOTICE: If, after installing, using, or copying the Product, You decide that You prefer to discontinue disclosing Demographic Information, or viewing sponsor-supported messages, You may either: (a) upgrade the Product to the BuzMe Enhanced Service for a nominal monthly fee , or (b) perform a complete uninstallation of the Product and any and all Products incorporating the Licensed Software. You may not, however, disable the Licensed Software and continue to use this or any Product that incorporates the Licensed Software.
For a more detailed description of BuzMe's privacy policy and information gathering practices, please see the BuzMe Privacy Statement posted on the web site, which can be accessed by clicking the link titled "Privacy Statement" on http://www.BuzMe.com.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY.
Once Member completes the registration process, Member shall have the capability to receive incoming phone calls and voice messages while online. Member is entirely responsible if Member does not maintain the confidentiality of Member's password and account. Furthermore, Member is entirely responsible for any and all activities that occur under Member's account. Members may change their password at any time by following instructions. Member agrees to immediately notify BuzMe of any unauthorized use of Member's account or any other breach of security known to Member.
The Service makes use of the Internet to send and receive certain messages; therefore, Member's conduct is subject to laws, rules, regulations, policies and procedures governing the use of the Internet. Member will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
Member agrees that BuzMe has the right to establish limits on the number of messages which can be sent, received and/or stored by Member in order to prevent excessive use of the Service by one or more members which could negatively impact the use of the Service by other members, and Member agrees to comply which any such limits which BuzMe may establish at any time during the term of this agreement.
BuzMe may, at its sole discretion, take any action as BuzMe in its sole discretion deems necessary if BuzMe believes it may create liability for BuzMe or cause BuzMe to lose (in whole or in part) the services of its other suppliers, including but not limited to immediate termination of the Service, should Member's conduct fail to conform with these terms and conditions of the TOS.
7. MEMBER MESSAGES.
Member hereby consents to the editing and publication by BuzMe of all or part of the text of any email or message sent by member to BuzMe, together with the member's first name and state and country (if non U.S.) of residence. "Publication" includes but is not limited to, reprinting such quotes in hard copy form or posting such quotes on the BuzMe web site.
8. DISCLAIMER OF WARRANTIES.
Member expressly agrees that use of the service and Software is at Member's sole risk. The service and Software are provided on an "as is" and "as available" basis. BuzMe expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
BuzMe makes no warranty that the service or Software will meet Member's requirements, or that the service or Software will be uninterrupted, timely, secure, virus-free, or error free; nor does BuzMe make any warranty as to the results that may be obtained from the use of the service or Software or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected.
Member understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service or Software is done at Member's own discretion and risk and that Member will be solely responsible for any damage to Member's computer system or loss of data that results from the download of such material and/or data.
BuzMe makes no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service.
No advice or information, whether oral or written, obtained by Member from BuzMe or through the service shall create any warranty not expressly made herein. This disclaimer of warranty constitutes an essential part of this license, and no use of the Software is authorized hereunder except under this disclaimer.
9. LIMITATION OF LIABILITY.
BuzMe and BuzMe's Partners shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the service or Software, or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the service or Software or resulting from unauthorized access to or alteration of Member's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if BuzMe or BuzMe's Partners have been advised of the possibility of such damages, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
Member also agrees that BuzMe and BuzMe's Partners' entire liability to Member or any third party for any claim or demand arising from or related to this Agreement shall not exceed, in the aggregate, the sum of the fee Member paid for the product (if any), to the extent applicable law prohibits the limitation of such damages. Member expressly agrees that BuzMe and BuzMe's Partners are not responsible for any liability arising out of third-party advertiser content provided by licensees that may be transmitted to Member through Software.
10. ACTS OF GOD.
With respect to so-called "acts of God:" no party shall have any liability under this agreement or in connection therewith if such party is unable to perform its obligations hereunder by reason of any strike, work stoppage, insurrection, riot, fire, earthquake, hurricane, tornado, other severe weather, any other act of god or other calamitous event beyond the control of such party.
11. THIRD PARTIES.
With respect to breaches by third parties: Member (1) acknowledges that BuzMe's ability to perform its obligations under this Agreement is dependent upon the availability of equipment and services from third parties (collectively, the "vendors") with whom BuzMe has contracted for the delivery of telecommunications and Internet services and equipment, and (2) agrees that BuzMe shall not be in breach of its obligations hereunder if BuzMe is prevented from performing such obligations solely by reason of the breach or other failure by any such vendor to perform its obligations to BuzMe in accordance with the terms of its agreement with BuzMe.
12. LIMITATIONS ON SERVICE.
Member acknowledges that Member's right to use the Service is subject to the following limitations.
12.1 The Service is available only to natural persons.
12.2 The rights to the Service granted to Member under this Agreement are personal to Member. Member may not sell, assign, or otherwise transfer or agree to transfer all or any portion of those rights without the prior written consent of BuzMe, which consent may be withheld in the absolute discretion of BuzMe.
12.3 BuzMe reserves the right to terminate inactive accounts.
12.4 Member understands that, since the TOS is a free service, BuzMe is limited in the depth of customer service it can provide to customers. Accordingly, telephone based technical support may not be provided. BuzMe will provide email support. If Member experiences a problem with the service, Member can send an email to support@BuzMe.com.
12.5 Member understands that BuzMe may terminate service if Member's phone number and/or email address ceases functioning.
12.6 When Member is using the service, the BuzMe Client must appear on the desktop. Any attempt by the Member to block or hide the BuzMe Client application from the Member's computer screen is prohibited.
12.7 Member agrees not to access the BuzMe service with any software not provided specifically by BuzMe, Inc. Any attempt to use the BuzMe service other than provided herein will subject the Member to possible legal action and/or fees.
12.8 Member understands that the BuzMe service is meant to be used only in conjunction with the CFNA (Call Forward No Answer) or Busy-Call-Forwarding service provided by the Member's local phone company. The BuzMe service will not function properly until CFNA or Busy-Call-Forwarding has been ordered from the Member's local phone company and the proper forwarding number has been given to the Phone Company.
13. VOICE MESSAGE STORAGE.
BuzMe assumes no responsibility for the deletion of or failure to store or deliver voice messages.
14. MEMBER CONDUCT.
Member is solely responsible for the contents of his or her or third party transmissions through the Service.
Member's use of the Service is subject to all applicable local, state, national and international laws and regulations.
Member shall be fully liable for all use of Member's account, including any unauthorized use of such account by any third party.
Member agrees (1) to comply with all applicable US laws, statutes, ordinances and regulations regarding use of the Software and service and transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.
Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
BuzMe in its sole discretion may terminate the Service effective immediately if Member' fails to observe and conform Member's use of the Service to the terms and conditions of this TOS.
Member must be at least eighteen (18) years of age to use the service.
15. INDEMNIFICATION.
Member shall indemnify, defend, and hold BuzMe, its parents, Partners, subsidiaries, affiliates, officers, directors, and employees free and harmless from any and all claims or demands, including but not limited to reasonable attorneys' fees, which is made by any third party and arises from or is related to or caused by an act or omission by Member in connection with the use of the Service or Software, Member's violating any terms and conditions of this TOS, or any infringement by Member (or any other person using the Service or Software in reliance on Member's rights under this Agreement) of any intellectual property or other rights of any other person.
16. TERMINATION.
Either Member or BuzMe may terminate the Service with or without cause at anytime. Termination shall be accompanied by a written notice to the other party. BuzMe shall not be liable to Member or any third party for termination of Service. Notwithstanding any other provision of this Agreement to the contrary, if Member objects to any terms and conditions of the TOS or any subsequent modifications thereto or becomes dissatisfied with the Service in any way, then Member's sole and exclusive remedy shall be to (1) discontinue use of the Service; and (2) notify BuzMe of such termination. Upon termination of the Service, Member's right to use the Service and associated Software immediately ceases. Thereafter, Member shall have no right and BuzMe shall have no obligation to send any unsent voice messages to Member or any third party.
17. PARTICIPATION IN PROMOTIONS OF ADVERTISERS.
Member may enter into correspondence with or participate in promotions of persons who advertise goods or services on the Service (the "Advertisers"). Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. BuzMe assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
18. PROPRIETARY RIGHTS TO CONTENT.
Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member or third parties by the Service ("Content") by BuzMe or BuzMe's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
19. NOTICE.
BuzMe may broadcast notices or messages through the service to inform Members of changes to the TOS, the service, or other matters of importance. Such broadcast may be sent over email or as a voice transmission. Notice shall be deemed delivered and received on the date on which it is transmitted.
20. ARBITRATION.
All disputes which arise under these TOS or in connection with the Services to be delivered hereunder and which are not resolved within thirty (30) days following the delivery by one party to the other of a written notice invoking the arbitration provisions of this Section 20 shall be resolved by binding arbitration under the rules of the American Arbitration Association before a single arbitrator in San Jose, California. The decision of the arbitrator shall be final and binding on the parties, and judgment thereon shall be entered in a court of competent jurisdiction. Member acknowledges and agrees that by consenting to these TOS, Member is waiving its right to have a jury trial of any disputes arising under these TOS or in connection with the Services to be delivered hereunder. Notwithstanding the foregoing, either party has the right to seek any interim or preliminary relief from a court of competent jurisdiction in California, necessary to protect the rights or property of such party pending the completion of any arbitration hereunder, and both parties agree to submit to the exclusive jurisdiction of the courts of the state of California.
[IF MEMBER DOES NOT WISH TO BE BOUND BY THE ARBITRATION PROVISIONS OF THIS SECTION 20, THEN WITHIN 24 HOURS OF ACCEPTING THIS AGREEMENT, MEMBER MUST SEND TO BUZME AN EMAIL AT privacy@BuzMe.com TO RECORD MEMBER'S OBJECTION. IF MEMBER FAILS TO SEND SUCH AN EMAIL TO THAT ADDRESS WITHIN 24 HOURS OF ACCEPTING THIS AGREEMENT, THEN MEMBER WILL CONCLUSIVELY BE DEEMED TO HAVE ACCEPTED THE ARBITRATION PROVISIONS OF THIS SECTION 20. NOTHING IN THIS SECTION 20 IS INTENDED TO MODIFY OR OTHERWISE BE INCONSISTENT WITH THE PROVISIONS OF SECTION 16 ABOVE, WHICH SETS FORTH THE SOLE AND EXCLUSIVE REMEDY OF ANY MEMBER WHO OBJECTS TO ANY TERMS OF THIS AGREEMENT (OR ANY MODIFICATION HEREOF) OR BECOMES DISSATISFIED WITH THE SERVICE.]
21. QUESTIONNAIRE REQUIREMENT.
Once every three months (or four times a year), and/or when an upgrade to the BuzMe software is available, BuzMe may send subscribers a questionnaire that asks about their experiences using the BuzMe service and about their telecommunications plans for the future. The questionnaire may also include certain basic demographic questions (age, income, etc.) BuzMe requires all subscribers to respond to at least one (1) questionnaire per year. If BuzMe does not receive a response to at least one questionnaire, BuzMe reserves the right to terminate that Member's BuzMe service.
22. COPYRIGHT AND TRADEMARK
All contents of the Service are: Copyright (c) 2000 BuzMe.com, Inc., and/or its suppliers. BuzMe.com and/or other BuzMe.com products and services are trademarks of BuzMe.com, Inc.
23. US GOVERNMENT RESTRICTED RIGHTS LEGEND
The Software and any documentation provided is commercial in nature and was developed exclusively at private expense. Use, duplication or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c) (1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights section at 48 CFR 52.227-19, and any other successor regulations, as applicable.
24. MISCELLANEOUS.
The TOS shall be governed by and construed in accordance with the internal laws of the State of California, excluding its conflict of law provisions. Member and BuzMe agree to submit to the exclusive jurisdiction of the courts of the State of California and further agree that subject to Section 20, above, the exclusive venue for any cause of action arising under or relating to this TOS or the services provided hereunder shall be the Superior Court in and for Santa Clara County, California, sitting in the City of San Jose, California.
If any provision of the TOS is determined by an arbitrator or court of competent jurisdiction to be contrary to law, then such provision shall be construed as nearly as possible to reflect the intentions of the parties and the other provisions of this TOS shall remain in full force and effect.
BuzMe at any time and from time to time may assign its rights and delegate its duties under this TOS without the prior consent of Member.
BuzMe's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BuzMe in writing.
Member and BuzMe agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
25. ACKNOWLEDGEMENT OF AGREEMENT
I am over 18 years of age. I have carefully read and understand this Agreement.
IF YOU ACCEPT the terms of this Agreement:
I acknowledge and understand that by ACCEPTING the terms of this Agreement, I am consenting to use of my information as explained herein.
IF YOU DO NOT ACCEPT the terms of this Agreement.
I acknowledge and understand that by refusing to accept these terms, I have rejected this license agreement and therefore have no legal right to install, use, or copy this Product or the Licensed Software that it incorporates.
Member can contact BuzMe by:
Email:
privacy@BuzMe.com
Mail:
BuzMe.com
PMB 193
3790 El Camino Real
Palo Alto, CA 94306-3314
YOUR ACCEPTANCE OF THE BUZME TERMS OF SERVICE INDICATES YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING USE OF ARBITRATION.
