Please read these terms before purchasing. They are important.
This Agreement is a legally binding contract between you (Client) and Buzzoodle. Buzzoodle provides the Subscription Service and Consulting Services to you subject to and conditioned upon your acceptance of this Agreement.
BY ACCESSING AND USING THE SUBSCRIPTION SERVICE IN ANY WAY OR BY RECEIVING CONSULTING SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SUBSCRIPTION SERVICE OR RECEIVE CONSULTING SERVICES.
Guarantee: We guarantee that your Buzzoodle Magazine site, after the first 30 days, will generate traffic to it. This typically starts with a small audience and grows over time the longer you do it. If your site does not get traffic for a month, or if we fail to deliver the articles as stated in your plan, you are entitled to one month free while we boost your traffic and visibility.
We do not guarantee any particular results. Every industry, offer and audience is different. We do not guarantee 100% up time of website, even though we use a premium Web hosting service. We do not guarantee anything other than doing the best we can within the limits of your plan to attract a quality audience to the magazine site and encourage them to take your offer.
Client Selection: Buzzoodle does not work with some types of clients, such as gambling and adult sites. We also sometimes decline to work with clients if we feel this strategy will not be effective for them. We reserve the right to decline and refund your first month fee for any reason.
Topic Limitations: The Buzzoodle products focus on developing a positive, targeted magazine that attracts quality prospects. We do not develop magazines based on any topic that may be deemed illegal, fraudulent, deceptive or designed to denigrate other companies, products, people or websites.
Client Participation: Our program works best when clients send us information, articles and other media. Client is responsible for any information they send to Buzzoodle and is posted on a Buzzoodle Magazine site. The information clients send must be owned by client and not infringing on copyright.
Moving Account Levels: Clients may move up or down account levels after the minimum months commitment. This must be coordinated with the magazine editor to ensure continuity of service. Please note that we do not refund for partial, unused payments.
Refund Policy: We do not offer full or partial refunds.
Payments: Payments are required each month in advance of services. In the event that a payment fails, you are required to let your editor know within 3 business days that you intend to continue and you must resubscribe via the same buttons with a new payment card. Failure to pay is not considered cancellation, although it could result in lost site after 15 days.
Ownership: Buzzoodle owns the authority sites and content. This is a positive thing for sponsor clients because a) they are not responsible for content. b) better for SEO. c) less expensive. If you are interested in owning the site and content a consulting fee will need to be established. Clients in the standard programs are simply the monthly sponsors of the site.
Cancellation Policy: You may cancel your subscription at any time with a 30 day confirmed notification. Failure to pay fees on time do not result in automatic cancellation. However, if a payment is late we may offer the service to a competitor and swap out any adds and information.
Either party has the right to cancel the relationship at any time for any reason. If you wish to cancel your subscription send an email to your editor. This email must be responded to and confirmed to be valid.
Change in Terms: Buzzoodle reserves the right to modify the terms of service at any time, with or without notice.
Disclaimers; Limitations of Liability
a. Disclaimer of Warranties. BUZZOODLE AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SUBSCRIPTION SERVICE, BUZZOODLE CONTENT, OR THE CONSULTING SERVICES FOR ANY PURPOSE. THE BUZZOODLE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SUBSCRIPTION SERVICE, CONSULTING SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BUZZOODLE AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SUBSCRIPTION SERVICE, THE BUZZOODLE CONTENT, AND THE CONSULTING SERVICES INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BUZZOODLE IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT.
b. No Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY OR ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SUBSCRIPTION SERVICE OR THE CONSULTING SERVICES, WITH THE DELAY OR INABILITY TO USE THE SUBSCRIPTION SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SUBSCRIPTION SERVICE, ANY BUZZOODLE CONTENT, OR FOR THE CONSULTING SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE SUBSCRIPTION SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF SUCH PARTY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY IN ALL CASES.
c. Limitation of Liability. EXCEPT FOR CUSTOMER’S LIABILITY FOR PAYMENT OF FEES FOR THE SUBSCRIPTION SERVICE AND CONSULTING SERVICES, IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, EITHER PARTY IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO THE LESSER OF FIVE THOUSAND DOLLARS OR THE TOTAL AMOUNTS ACTUALLY PAID BY CUSTOMER UNDER THE APPLICABLE ORDER FORM FOR THE SUBSCRIPTION SERVICE IN THE THREE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.