1. Acceptance of Terms
In accepting HCP Buzz terms of service either electronically, written or verbally, including any submissions of content to our design teams, payment transactions or authorization of payments, you (the client) agree to adhere to the following terms and conditions. Clients also agree that any Client electronic acceptance of this Terms of Service will have the same force and effect as if the Client had agreed to the Terms and Service in wiring.
HCP Buzz provides its services adhering to the following Terms of Service, which may on occasion be updated without notice. At any time the Client can view the Terms of Service at this website (http://www.hcpbuzz.com/termsofservice). Failure to comply with any aspect of the Terms of Service can result in immediate termination of the Client account. By using HCP Buzz's services the Client agrees to the most current version of the Terms of Service. The Client has 3 days from the initial date of sale to expressly reject the Terms of Service, if no rejection is made then Client agreement with HCP Buzz's Terms of Service is considered final and R *& J New Media will begin work on the Client's website.
The Client's acceptance of the Terms of Service is binding with all services including the purchase of additional services of additional websites construction or accounts provided by HCP Buzz.
2. Service Description
HCP Buzz creates, designs and hosts websites and other online web related services, provides reputation management services, including but not limited to, support and updates of websites, e-commerce, flash, database development, email accounts and other website related services. Clients understand that our services may include communications from HCP Buzz that may include notices of services, announcements and newsletters. The Client is responsible for obtaining all access to HCP Buzz services that may include third party fees. The Client is also responsible for all hardware, equipment and software needed in order to access HCP Buzz's services.
3. Electronic Delivery Policy
HCP Buzz is an online web related business and primarily communicates with its clients electronically. When Clients agree to our Terms of Service they give their consent to receive electronic notifications, agreements, disclosures and other communications from HCP Buzz. We are against Spam emails and as such any communication you do receive from us will be in direct relation to the services you have acquired from HCP Buzz. The Client agrees that HCP Buzz can send electronic notifications to either the email address provided at the date of the original contract or to any new emails that are created as part of the service provided by HCP Buzz. It is the Clients responsibility to check their emails regularly for notifications. Once email notifications have been sent by HCP Buzz they are considered effective whether the notice has been read or received by the Client.
4. Call Monitoring and Recording Privacy
As part of HCP Buzz's ongoing commitment in providing the best possible service we may at times monitor or record phone calls answered by HCP Buzz call teams. HCP Buzz may also archive recorded voice mail messages received by Clients. In order to ensure that our staff are providing the best service we record random calls for training purposes and to ensure that we have an accurate record of Client calls. This enables HCP Buzz to identify how to better serve our clients.
5. Unacceptable Practices
In order to provide the best possible service and maintain continued good relations with our Clients we have in place certain guidelines and policies which govern HCP Buzz's practices. Deviation is in direct violation of our guidelines and policies and is strictly forbidden. These practices include but are not limited to the following:
- Adult or pornographic sexually explicit of suggestive material
- Sex related products or material
- Nudity (unless for medical or artistic purposes)
- Lingerie websites
- Offensive of otherwise distasteful material
- Any material that may be construed as being harmful to minors
- Tools for the access of bulk emailing
- Activities to or distribution of viruses, Trojan or other destructive actions
- Hacking or cracking
- Any activity related to online scams or phishing for personal data
- The solicitation of any funds other than for legalized charitable organizations
- Gambling, gaming, lotteries and other online betting activities
- Any content that may include anything considered to be harmful, threatening, violent, harassing, tortuous, vulgar, obscene, libelous, invasive of another person's privacy, racial, chauvinistic, ethnically offensive, defamatory, hateful or revenge related, argumentative against other websites or otherwise objectionable content or language.
- Advice or aids in order to pass drugs tests, lie detector tests.
- Any illegal activities that include ponzi schemes, pyramid schemes, fraudulent credit card charges, copyright violations, plagiarism, software piracy or any other form of copyright theft that infringes upon third party intellectual properties.
- Reverse Funnel Systems
- Cash Gifting
- Illegal drug or drug paraphernalia
- Sale of Alcohol
- Sale of Tobacco
- Sale of Miracle Cures
- Sale of Fake Documentation
- Sale of Fireworks, Pyrotechnics, firearms, explosives or other forms of weaponry
- Intentional or unintentional violation of any local, state, national or international laws
- Reselling of email accounts or hosting accounts to any third parties
- The reselling of any HCP Buzz services including, but not limited to, design services and updates to third parties without a written re-seller agreement.
- Spamming and all forms of unsolicited messaging including, but not limited to, spam, chain letters and junk email.
- Linkages to websites that are in direct violation of HCP Buzz's policies and guidelines.
- Any activities whether lawful or unlawful that HCP Buzz deems as in poor taste or reflects HCP Buzz or any of its Clients in an adverse light.
- HCP Buzz reserves the right to design or host an account at our own discretion at any time.
As a Client of HCP Buzz you agree to conduct your business in a legal and professional manner. As the Client you realize that all information, data, text, software, music, sound, images, video, messages and other material on the Client's website is the sole responsibility of the Client. The Client at all times is fully responsible for the content on the website and agrees to hold HCP Buzz harmless in the event of any third party legal issues brought against them for violation of business practices or any form of copyright/defamatory legal issues. HCP Buzz at its own discretion holds the right at any time to discontinue providing services, or any part thereof, with or without notice. If at any time an account is cancelled for a violation of the Terms and Services of HCP Buzz the Client is not eligible for a full refund and any refund that is made is subject to the Cancellation Fee and Refund Policy.
As part of HCP Buzz's service the Client has access to editing tolls for your website. The Client may edit, add, delete or change content to their website at any time. This being understood HCP Buzz may or may not pre-screen content, HCP Buzz shall have the right to pre-screen and refuse any content at its own discretion. The Client agrees that they bear all risks associated with the use of content whether it be edited or written by HCP Buzz or not, including accuracy, usefulness and completeness. The Client accepts that HCP Buzz can access, preserve or disclose any Client account information if required to do so by law.
6. Intellectual Property Policy
At all times HCP Buzz respects and adheres to all forms of intellectual properties including any copyrighted and trade marked property belonging to other people or organizations. We refuse to use any materials provided to us without the written consent of the legal owner of the copyrighted or trademarked work. It is the responsibility of HCP Buzzs clients that any materials provided to us for use are clear of any third party involvement and will not infringe on any person or organizations copyrighted rights. Our clients assume full liability when submitting
7. International Use
The Client recognizes the global nature of the internet and agrees in doing so to comply with all rules laid down in regards to online codes of conduct and what is considered to be acceptable content. More specifically the Client agrees to comply with all laws and regulations regarding the transmission of technical data exported out of the United States, or out of the specific country in which the Client resides or conducts their business, along with rules and regulations pertaining to the collection and processing of personal data (including those which relate to transborder transfers of data).
8. Interstate Communication
The Client acknowledges that by using HCP Buzz's services you will be causing communications to be sent via HCP Buzz's computer networks, which may be located in various locations through the United States. The Client gives their consent to the collection, processing and transborder transfer of such personal information as Client may provide or make available to HCP Buzz.
9. Website Construction Procedures
Working in direct contact with the Client, HCP Buzz will custom design and work with the appropriate content provided by the Client in the development and construction of their website. In order for site construction to begin the Client must submit their materials to the HCP Buzz design department. The Client must submit their content via the prescribed methods, and after the content has been received development will begin. Before any website goes live our staff will contact the Client to notify them of any missing or incomplete content. At this stage the Client will have a period of 2 weeks in which to submit remaining content before the website goes live, and if content is still missing the website will go live “as-is.” If this occurs then all incomplete pages may be banked and developed in the future using the Client's update time.
Design and content layout for the Client website is completed by the Designer and presented to the Client for approval. After approval has been given the website will then go live. Before going live the team at HCP Buzz will proof read all pages in order to make sure the text and grammar are acceptable and to avoid any possible errors. HCP Buzz will not be held responsible for inaccuracy in information, typos, or spelling errors in any of the content approved by the Client and published on their website. HCP Buzz will notify the Client via email when their website goes live.
The Client agrees, understands and acknowledges that HCP Buzz does not guarantee a time frame for completion of any custom website. In order for HCP Buzz to complete a custom website the Client must ensure we have their full participation and that the Client submits complete content and design approvals. At all times the Client is responsible for all fees that may be incurred including, but not limited to, set-up, enhancement and monthly hosting charges that begin commencement from the date of sale. If the Clients website requires custom programming, flash, functionality of the use of a database then overall development time will be extended.
10. Client Approval
The Client has the responsibility of ensuring that the their website if fully functional upon HCP Buzz's request for approval when the site is completed. This will include all functionality of all webpage features along with proof reading of any text and approval of any and all images as well as general structure. If the Client does not respond to the request for approval within 5 business days then HCP Buzz will consider this notification that approval has been given by the Client and that the website is live “as-is.”Client understands that if no response to requests for missing information is received then a final notification will be sent to the Client from HCP Buzz. If no response is made to the final notification within a period of 5 business days the website and all services will be considered approved by the Client and the website will go live with any missing information “under construction.”
11. Website Change Request Before and After the Website goes Live
It is the responsibility of the Client to test all functionality of the website once they have received the request approval notification from HCP Buzz. This will include all functionality of web pages, database storage, payment functions, galleries and any written text and graphics/logo's/banners. Once the Client has given their approval of the website it will go live and their consent considered rendered. The Client understands that if not response is given within 5 working days of receipt of the approval notification HCP Buzz will consider approval given and the website will go live in its current status “as-is.” Again if no response is given from the sent approval notification then any materials on the website that are uncompleted or missing will be labeled as “under construction” and the website will go live in its current form, and the Clients approval will have been considered to have been given.
12. Database / Programming
HCP Buzz agrees to design and/or create and/or implement database to any specifications that were originally given in the original sale and invoice. Any further changes that are required or requested will be billed separately as additional tasks and billed at HCP Buzz rates. If HCP Buzz does not agree to any requests for changes then the Client will not be billed.
13. E-Commerce / Stores
HCP Buzz does not give any guarantees for completion dates for any form of database of programming that it undertakes for our Clients. Each task could be unique and as such we ensure the time is taken in order to complete the orders according to the request and specifications we receive from our Clients. Once a database design has been agreed upon we contact the Client and if we do not receive a response or objection within 5 business days then it will be deemed that the Client has given their full approval and we will proceed with development of said database as outlined. If any further changes are required to the database once the initial construction has begun HCP Buzz will charge the client at standard HCP Buzz hourly rates. The Client as such agrees to pay any additional charges that may be incurred after work has begun on the original invoice given. No refunds will be given once work has commenced if Client wishes the work to be cancelled.
It is the responsibility of the Client to check all functionality of the website upon HCP Buzz's request for approval of notification that work has been completed. This covers but is not limited to all graphics, text, animations, e-commerce and page structure.
HCP Buzz will provide instruction to the Client on the usage and data input of the constructed databases, however the actual data entry itself is the sole responsibility of the Client. If the Client wishes HCP Buzz to complete any data entry then HCP Buzz will charge the Client at the standard HCP Buzz hourly rate for data entry tasks.
14. Enhancements to Website
It is the responsibility of the Client to check all functionality of web pages and their enhancements once the notification of approval has been sent to the Client. If no response has been received by HCP Buzz within 5 business days then the website will go live as is and approval will be considered to have been given by the Client. Any additional enhancements that are requested by the Client after work has begun on the original invoice will be charged at standard HCP Buzz hourly rates for the requested changes.
15. Expedited Services
At any point of the development stage the Client can purchase enhancements to their website. Enhancements may include but are not limited to custom programming, database creation and development, flash animations, e-commerce, logos, banners, galleries, rollover images etc. After the initial invoice any additional requests for enhancements from the Client will be billed separately and at the time of request. Monthly hosting fees may be adjusted accordingly if requested enhancements affect the original hosting package selected by the Client. Again the Client has a period 5 business days in which to provide their approval after they have received the notification of approval from HCP Buzz. Once work on any expedited services has begun no refunds can be made if the Client decides to cancel the work order.
16. Additional Services
Whilst HCP Buzz does not guarantee time frames for the completion of any custom designed website, we may offer expedited services to our Clients for a fee. Requests for this must be submitted to HCP Buzz and we will assess and confirm or deny approval after review. The Client understands and agrees that the use of expedited services does not guarantee that a Client's website and its corresponding design and creation will be completed in a faster time scale than if not used. The expedited service fee will ensure that HCP Buzz will make its best efforts to ensure that designers and programmers are assigned to your tasks in an effort to better facilitate development.
In order for expedited services to be used to best effect the Client must ensure the punctual approval of the Acceptance of Terms Service, the payment of any and all due fees and acceptance of design specification documents.
If the expedited service is offered to the Client by HCP Buzz the Client may be presented with an estimated completion date. The Client understands that these completion dates are estimates and may be subject to change and are solely applicable to sole tasks being completed by HCP Buzz designers and programmers. At all times HCP Buzz reserves the right to change estimated completion dates, and in such cases HCP Buzz may decide to offer a partial refund of original expedition fees incurred for the task upon review. At all times the Client remains liable to HCP Buzz for any and all other charges related to the website's design.
Clients may decide to purchase (at additional monthly and service costs) additional services offered by HCP Buzz such as but not limited to spam filters, web traffic directors and back-up software. These services may incur and additional fee from the date of purchase. If the Client decides to cancel any of these services upon purchase the Client must give notice of cancellation to HCP Buzz 30 days in advance of the date of cancellation.
17. Email Accounts
Dependent upon the hosting package that is purchased by the Client email accounts are also provided to our customers. These email accounts can be used by our Clients upon purchase of a website and does not need to wait until the website goes live in order to use the email accounts. To begin using the email accounts the Client should contact our technical support team.18. Technical SupportHCP Buzz's support team should be contacted at HCP Buzz with regards to any concerns with Client email accounts or any problems or questions with regards to hosting, functionality or any other matter concerning the web design and production.
19. Customer Service
Any suggestions or complaints should be emailed to our customer service department at email@example.com.
20. Use & Storage
The Client acknowledges that HCP Buzz may establish guidelines and limitations concerning our services and may modify these guidelines at any time at our discretion. These may relate to the maximum number of days that email messages are stored or that content will be retained, the maximum number of emails that may be sent or received via an account, the maximum size of any email including attachments and the amount of space that will be allocated to your websites on HCP Buzz servers.
21. Server Security Practices
HCP Buzz utilizes up to the minute security policies that comply with standards set by the PCI in maintaining its servers. HCP Buzz will not modify, share or adapt its servers for individual Client needs or requests. HCP Buzz regularly scans its servers in order to ensure that security levels are being met and in accordance with good security measures. Any scanning of unauthorized access of HCP Buzz servers is strictly prohibited in all instances.
If a Clients website is used to collect, store, display or process any sensitive or confidential information which may include but not be limited to credit card information, social security numbers, credit or financial information, medical or health care related records, insurance records, sales records, personal information etc. then HCP Buzz at its own discretion may require the Client to utilize certain services that will improve the security if the Client's website.
22. Updates to Live Website / Design Time
Dependent upon the type of hosting package which the Client has purchases HCP Buzz may provide a number of hours annually, detailed in the contract of free update and design time which will be available for the Client to use after the website has gone live. After the website has gone live the Client will have the ability to update there own website. For changes that cannot be made the Client may use their allocated Design hours in order for updates to be made. In order to do this the Client must submit a request by using the prescribed method detailed in the contract. Design hours can be used to modify or update features/banners/logos/images/text for the website. They cannot however be used in the creation of new features, banners, logos or images that must be purchased. If design time exceeds the number that the Client has purchased then the Client will be billed for the excess hours at the HCP Buzz standard hourly rate for this service.Client updates are dealt with in the order in which they have been received. They are generally assigned to a designer / programmer within 24 hours of receipt. HCP Buzz makes no guarantees for the time frame for completion of these requests as each can be unique and may have different levels of complexity and require varying numbers of update time.HCP Buzz is not responsible for any changes that the Client makes to their own website. Any time that HCP Buzz has to spend in repairing any damage done to websites by the Client will be billed at HCP Buzz standard rates.
23. Domain Name Purchase / Hosting Agreement
Hosting is billed from the date of sale and is billed thereafter no less than 30 days prior to the expiration date. The hosting is billed from the date of sale regardless of the date the website actually goes live as hosting begins immediately. Email addresses are available at the start of billing and these if selected in the initial invoice will be added into the recurring monthly bill. The Client upon completing invoicing and contracting services from HCP Buzz agrees to a minimum one year hosting commitment with HCP Buzz
Any Domain names that are purchased by HCP Buzz and website designs, stores or programs created by HCP Buzz are the sole property of HCP Buzz until the Client has paid all fees pertaining to design and hosting. At this point all ownership of the site and its functionality can be transferred to the Client's control upon written request. HCP Buzz reserves the right to retain one copy of any website designs, databases, stores, flash, programs, writings or other worked created for Clients for evidentiary purposes. Once transfer has been made to the Client or to another service provider the Client agrees that HCP Buzz has met its full obligation to the Client, and as such is released of all future obligations to the Client. All domain name purchases are made through a third party and HCP Buzz cannot guarantee availability of domain names and has no liability for domain names not being available after the initial sale. Domain names that are already owned by the Client remain the property of the Client and the renewal of the Domain name is the responsibility of the Client, as is the renewal of any Domain name that has been transferred to the Client. Also upon cancellation or termination of a Client's account HCP Buzz will no longer renew domain names associated with the account and the Client assumes all responsibility of renewing the Domain name from this point forth.
24. Marketing Representations
HCP Buzz makes no representations as to the marketing of Client's products, services or sales. Client's obligation to pay fees due to HCP Buzz are due at time of sale of website design and hosting services and are not contingent upon Client's marketing of said website. Client is responsible for all marketing of Client's website. HCP Buzz is not responsible for marketing of Client's website including search engine rankings.
25. 90 Day Satisfaction Guarantee
HCP Buzz provides a 90-day satisfaction guarantee. HCP Buzz will continue to change and modify the Client's website to Client's liking, within 90 days from the date of sale or until the website is taken live, whichever comes first, at no additional cost, provided that said revisions are part of the original sale and are not enhancements to the original sale. Changes to the website made after 90 days from the date of the initial sale, or after the website is taken live, will first be billed to the Client's design time hours available based upon the monthly hosting package purchased by the Client. Changes to the website that exceed the design time hours will be billed to the Client at HCP Buzz's standard hourly rate over and above the initial design fee paid. HCP Buzz does not guarantee that the website designed will be exactly what the client has envisioned. HCP Buzz's best effort will be given for the 90-day satisfaction guarantee but HCP Buzz is not obligated to complete multiple redesigns or modifications. While HCP Buzz may agree to make requested changes and to bill the Client's design time or bill the Client directly, HCP Buzz is not obligated to complete Client requests or changes outside of the 90-day satisfaction period. If HCP Buzz does not agree to Client requests or changes, Client agrees and is still obligated to pay all fees incurred and due.
26. Billing Policy
The initial design set-up fee is due and billed in full at the time of the original sale. (Installment payments may be accepted for the set-up fee only if agreed to in writing per the original invoice.) Hosting is billed from the date of sale and is billed thereafter no less than 30 days prior to the expiration date. The Client hereby requests that HCP Buzz renew and bill yearly hosting fees every year thereafter, unless the Client cancels in writing after 1 year of yearly hosting fees have been paid.
Monthly hosting and additional services fees may be billed on the 1st or 15th of each month to coincide with HCP Buzz's billing cycles. The amount of the initial design set-up fee and monthly hosting fees are detailed on the original invoice confirming amounts of sale. Monthly amounts may vary depending upon the package selected by Client.
HCP Buzz reserves the right to change prices at any time including monthly amounts and hourly design fees.
HCP Buzz accepts payment via check and credit card. Upon Client's authorization of payment to HCP Buzz via credit card, Client thereby authorizes all recurring monthly packages and/or additional services fees to be charged to the same method of payment, for future charges until such authorization is withdrawn by Client in writing.
The Client may change payment methods including credit card with 30 days notice. To change payment methods Client should contact HCP Buzz's billing department. Client should not email new billing information for security purposes.
HCP Buzz reserves the right to hold Client, its principals and authorized representative(s) jointly and severally liable for any and all amounts owed.
27. Billing Disputes
HCP Buzz charges up to a $25.00 fee for returned checks and a $200.00 fee to handle unauthorized credit card disputes. If HCP Buzz does not receive payment in full when due, HCP Buzz may, to the extent permitted by the law of the state of the billing address on file for Client at the time, charge a late fee of up to 1.5% per month (18% per annum), or a flat fee of $5 per month, whichever is greater, on any unpaid balance. HCP Buzz may, to the extent permitted by the law of the state of the billing address on file for Client at the time account is sent to a collection agency, also charge Client for any collection agency fees and/or attorney's fees billed to HCP Buzz for collecting from Client. HCP Buzz does not agree to, and will not honor, any limiting notations made by a Client on a check.
If Client wishes to dispute a charge Client must first contact HCP Buzz's billing department and must allow 10 business days for a response.
Requests may be emailed to firstname.lastname@example.org. If Client chooses to send request by email, a copy of the request must also be sent by mail as confirmation.
If Client initiates a credit card dispute the decision of the credit card company is made through an arbitration process and the decision of the credit card company shall be binding upon Client.
Termination and Cancellation of Services
HCP Buzz, at its sole discretion, may terminate its service and remove and discard any content, for any reason, including and without limitation, for lack of use, or if HCP Buzz believes Client has violated the TOS upon 30 days written notice. HCP Buzz may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with 30 days prior written notice. Client agrees that any termination of access to HCP Buzz's services under any provision of this TOS may be effected without prior notice and that HCP Buzz may deactivate or delete Client's account and all related information files. Client agrees that HCP Buzz shall not be liable to Client or any third-party for any termination of services. Paid accounts that are terminated will not be refunded. HCP Buzz may suspend or terminate accounts, and shut down website for accounts that become delinquent for more than 30 days, in which case Client remains responsible for any unpaid balance owed to HCP Buzz. Charges for monthly hosting will continue to incur for delinquent accounts until Client's one year hosting obligation has been met even if account has been suspended or terminated. HCP Buzz also reserves the right to discontinue the designing of Client's website at any time, at HCP Buzz's sole discretion, with an appropriate refund to the Client. Under no circumstances is the refunded amount to exceed the amount collected by HCP Buzz.
If the Client cancels an account before the work is completed or site is live, a cancellation fee is retained per the Cancellation Fee and Refund Policy. Client agrees that all fees incurred and billed prior to cancellation effective date are valid and Client agrees to pay. Upon request for termination of services the website will be removed. A back-up copy of the website is not maintained by HCP Buzz.
Client agrees to pay all hosting fees and additional services fees owed from the time of sale until the cancellation effective date, and at a minimum for hosting fees for one year. Transferring a domain name to another provider or non-use of Client's hosting account does not constitute termination of the account. Client must notify HCP Buzz in writing or via email to terminate the account services and avoid further monthly hosting charges. It is Client's responsibility to secure confirmation from HCP Buzz that the request for termination has been received and no further hosting fees will be billed.
Requests may be emailed to email@example.com . If Client chooses to send request by email, a copy of the request must also be sent by mail as confirmation.
29. Cancellation Effective Date
Client may terminate hosting services with 30 days written notice. The effective date of cancellation is to be 30 days from the date of HCP Buzz's receipt of written notice to cancel. Any monthly fees scheduled to bill after receipt of written notice to cancel but before the effective date of cancellation are valid and client agrees to pay.30. Cancellation Fee & Refund PolicyWEBSITE DESIGN / DEVELOPMENT 100% cancellation fee will be retained and NO REFUND will be issued by HCP Buzz if Client once work has begun.
MONTHLY MONITORING / HOSTING – Client agrees that there is NO REFUND of monitoring or hosting fees or monthly additional services fees incurred or paid by the Client prior to cancellation date.
Client agrees that all fees incurred and billed prior to cancellation date are valid and Client agrees to pay. (See Termination).
By accepting a refund in full or refund less cancellation fee, Client agrees that the matter is settled in full and releases HCP Buzz, its officers, owners, members, agents and employees of any and all contractual obligations and waives all claims of any nature, including legal action, against HCP Buzz's its officers, owners, members, agents and employees.
31. Account Transfer
Requests for transferring the ownership of a website or hosting account from Client to a new owner must be completed in writing by both the current account owner and the new designated owner. The transfer is not valid until a signed request is received by HCP Buzz in writing which is to include payment authorization and new billing account information from the new owner, documentation of the ownership transfer (purchase agreement etc), documentation of copyright transfer, and acceptance of HCP Buzz's TOS by the new owner.
32. HCP Buzzs Solutions Propriety Rights
Client acknowledges and agrees that HCP Buzz's services may contain proprietary and confidential information that is protected by intellectual- and proprietary-rights laws. Client agrees to not reproduce, duplicate, copy, sell, resell or exploit any portion of HCP Buzz's services.
33. Use of Client Information
Client does not give permission to HCP Buzz to use samples or links to Client's custom website designed by HCP Buzz for marketing and advertising purposes, including but not limited to, use in HCP Buzz's online portfolio without expression written consent.
34. Third Party Services
35. Disclaimers of Warranties
HCP Buzz may contract with Contract Service Providers to complete a portion, or all of the Client's custom website. The Client agrees not to do business directly with the Contract Service Provider, nor to remit payment to the Contract Service Provider or any HCP Buzz employee directly for services. All payments for services rendered must be made directly to HCP Buzz. Contract Service Providers are independent contractors and are required to follow company policies and procedures. Contract Service providers are provided with only the information needed to complete the design or development portion of the Client's website and do not have access to Client's personal information including payment information.
36. Content Service Providers
Client's use of HCP Buzz's services is at client's own risk. HCP Buzz's services are provided “as is”. HCP Buzz disclaims to the fullest extent permitted by law 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 of proprietary rights. HCP Buzz disclaims any warranties regarding HCP Buzz's services including that they will meet client's requirements, that they will be uninterrupted, timely, secure, or error-free. HCP Buzz disclaims any warranties regarding the results that may be obtained from the use of HCP Buzz's services, including resulting sales and web traffic. HCP Buzz disclaims any warranties regarding the marketing of client's products, services, sales, or website. HCP Buzz disclaims any warranties regarding the quality of any products, services, information or other material purchased, advertised or obtained through HCP Buzz's services, or links provided by HCP Buzz's services, as well as for any information or advice provided by HCP Buzz or obtained through links provided through HCP Buzz's services.
Client understands and agrees that any material downloaded or otherwise obtained through the use of HCP Buzz's services are done at client's own risk and that client will be solely responsible for any damages to client's computer system or loss of data or other liability that results from the download of such material. Some states or jurisdictions do not allow the exclusion of implied warranties. The above exclusions may not apply to client.
37. Limitation of Liability
Client understands and agrees that HCP Buzz, its subsidiaries, affiliates, officers, and employees shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if HCP Buzz has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from the use of or inability to use HCP Buzz's services, reliance on HCP Buzz's services, or from the interruption, suspension, or termination of HCP Buzz's services (including such damages incurred by third parties). This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services resulting from products or services purchased or obtained or messages received or transactions entered through HCP Buzz's services or for unauthorized access to or alteration of client's data or transmissions and any statements or conduct of a third party or any other matters relating to HCP Buzz's services. Such limitation shall further apply, with respect to the performance or non-performance of services or any information or merchandise that appears on, or is linked in any way to HCP Buzz's services.Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to client.
Without limiting the foregoing, under no circumstance shall HCP Buzz be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualties, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non performance of third parties, or loss of or fluctuations in heat, light or air conditioning. HCP Buzz's full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to HCP Buzz.
38. Tort Claims and Other Claims
Client waives all tort claims, strict liability claims and any and all other legal and equitable claims to the extent permitted by law against HCP Buzz, its subsidiaries, affiliates, officers, employees and agents. The relationship between the parties is contractual in nature only. Client waives any tort claims that arise by act, or omission. Client further agrees that it may only bring claims against HCP Buzz in Client's individual capacity and not as a member of a class.
Client agrees to defend, indemnify and hold harmless HCP Buzz, its directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees that may arise or result from any content Client submits, posts, transmits or makes available through HCP Buzz's services, from any product sold by Client, its agents or employees or assigns, from any service provided or performed or agreed to be performed by HCP Buzz or from Client's breach or violation of the TOS, including any obligation, representation, or warranty made herein, or Client's violation of any rights of another. Client further agrees to defend, indemnify and hold harmless HCP Buzz, its directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising from or related to contracts, representations, agreements, promises, etc, made between Client and third parties, or arising from or related to Client's negligence toward third parties.
Unless otherwise specifically provided, all notices required or permitted by this Agreement shall be in writing and in English and may be delivered personally, or may be sent by email, facsimile or certified mail, return receipt requested, to the address set forth below. If Client chooses to send request by email or facsimile, a copy of the request must also be sent by mail as confirmation of the request.
41. Contract HCP Buzz
Client may contact HCP Buzz M-F from 9:00 –5:00 CST. Client may also email HCP Buzz at the following department email address:
Negative Comments / Slander
Client specifically agrees not to engage in negative comments or slander regarding HCP Buzz, including but not limited to publishing, or causing to be published, complaints or derogatory comments regarding HCP Buzz in any format, including but not limited to, print, newspaper, television, radio or on internet complaint sites, blogs or other public internet forums. Should there be a breach of this condition HCP Buzz will be entitled to liquidated damages in the amount of $2,500.00 for each publishing or posting. If said breach occurs on an internet complaint site each hit to that website will be considered an individual breach of this condition, and subject to additional liquidated damages of $100 per occurrence. Further, HCP Buzz shall be entitled to litigate this matter, and obtain the money damages together with injunctive relief. The prevailing party to that litigation shall be entitled to an award of attorney's fees.
Notwithstanding the foregoing, in lieu of litigation, arbitration may be used as a means of resolving disputes. Arbitration would be through a neutral third-party arbitrator to be approved by both Client and HCP Buzz. If any court sitting outside the United States determines that the litigation forum or arbitration provisions of this agreement are invalid, then and only then, the parties agree to settle any dispute through binding arbitration by three arbitrators, in the English language, under the commercial arbitration rules of the International Chamber of Commerce, with the location of the arbitration to be in a neutral jurisdiction (not the country of residence of the Client or of HCP Buzz) as selected by HCP Buzz.
HCP Buzz may investigate any reports of violations to this agreement, its policies or any complaints made against the Client and take action that HCP Buzz deems appropriate in order to protect its systems, facilities, Clients and/or third parties.
45. Electronic Signatures
HCP Buzz reserves the right to subcontract services or assign ongoing servicing to your account of this entire agreement to another party at its sole discretion.46. Affiliated Companies or Name Change
This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior oral or written agreements (including, but not limited to, any prior versions of the TOS). Any modifications to this agreement must be in writing and signed by an authorized officer of HCP Buzz. All representations not in writing are null and void. Written agreements may include, but are not limited to, emails and electronic acceptance of this Terms of Service. Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of HCP Buzz's services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Last modified date March 25, 2013