- GENERAL PROVISIONS
- Membership Privileges: Membership privileges are granted by BuzzTarget to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the BuzzTarget website without express written permission from BuzzTarget. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of BuzzTarget. BuzzTarget requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the BuzzTarget system. Members are not permitted to share their individual logon information with others. BuzzTarget has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the BuzzTarget website, or abuses their rights related to the BuzzTarget service. Upon registration, which is free, Customer becomes a Free or Basic Member. A Free Member may search the BuzzTarget listings Service, and will receive all of the results matching the Customer's designated search parameters. A Free Member may also list as well as send and receive email blasts. Some limitations may apply.
BuzzTarget utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant BuzzTarget the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes BuzzTarget determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. BuzzTarget will use best efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will BuzzTarget have any liability for sending any email to its registered users/customers. By becoming a member of BuzzTarget, LLC., you acknowledge and agree that BuzzTarget, LLC. may record telephone and other electronic communications it has with you for BuzzTarget, LLC.'s internal business purposes, including but not limited to training and quality assurance purposes.
- Submission and Administration of Listings: Customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to BuzzTarget unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on the Customer's website or on BuzzTarget's website. Specifically, Customer will not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the BuzzTarget website. The Company may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Customer agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the BuzzTarget website. Customer shall not use robot, spider or other automated service to submit listings on the BuzzTarget website. Additionally, the Customer agrees to allow submitted Property listing(s), or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website, the BuzzTarget website and other BuzzTarget partner websites. The Company shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the BuzzTarget website and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Properties and associated information provided by the Customer will be accurate; (b) agrees not to post a property on the public BuzzTarget marketplace under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Properties provided by the Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer's website or on the BuzzTarget website. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to BuzzTarget. BuzzTarget may add digital watermarks to certain parts of your property listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission.
- Email Blasts: All Email blasts submitted through the Service are subject to Editorial Review for completeness and SPAM. A BuzzTarget member is only allowed to send the same email blast to BuzzTarget members once every two weeks. If an email blast is rejected by our Editorial Staff, the member will be notified via email of the reason and will have an opportunity to resolve any issue raised by our staff.
- Use of Information: Customer agrees to treat all information obtained from the Service, including listings, member directory, historical transaction information ("Property Comps"), and any information otherwise made available to Customer in the Service (individually and collectively, the "Content") as proprietary to BuzzTarget. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of BuzzTarget. BuzzTarget does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the Content solely to obtain initial information from which further evaluation and investigation may commence.
Email addresses that Customer uploads to Private Contacts are for Customer's use only; BuzzTarget agrees not to use Customer's Private Contact List.
Customer shall limit access to and use of active property listings and member directory information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device. Customer shall not use the BuzzTarget Service as part of any effort to compete with BuzzTarget, including without limitation using the BuzzTarget Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential BuzzTarget customer, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the BuzzTarget Service. Customer shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy BuzzTarget products, services or information; decompile, decode or reverse engineer BuzzTarget software; or use BuzzTarget products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership.
- Passwords/Logins: Members, registered users and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. BuzzTarget is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, logon information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of this agreement that relate to confidentiality of account, logon or password information.
- Payment Terms: Customer agrees to pay for all products ordered through the BuzzTarget website or via the BuzzTarget sales team using the payment method indicated, and provides BuzzTarget express authorization to charge said fees to the Customer's payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of BuzzTarget products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, BuzzTarget may immediately cease to provide any and all Deliverables to the customer. If you are not satisfied with the service, you may cancel your subscription at any time. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. Discounts received via a product bundle are subject to removal when product(s) in bundle are canceled. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of written cancellation, but may be subject to adjustment according to current monthly product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. No partial month refunds will be provided.
Subscriptions will automatically renew using the Customer's current credit card account number unless Customer cancels their subscription on the BuzzTarget Website three (3) days prior to the renewal date to cancel such subscription. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the customer's email account on record with BuzzTarget. If Customer has a question about a cancellation, Customer should contact BuzzTarget Client Services at email@example.com or at 347-946-2899. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.
It is the Customer's responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the "My Subscriptions" tab within the "My Account" section, once Customer has logged into www.BuzzTarget.com. BuzzTarget does not validate all credit card information required by the Customer's payment provider to secure payment.
The Customer must notify BuzzTarget about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to BuzzTarget's attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies.
- Premium Subscriptions: BuzzTarget offers five distinct paid subscription membership products to its active members. More details of the subscriptions can be found on our Pricing Page. A Customer who purchases a Premium subscription is a "Premium User." Premium Subscription privileges are granted by BuzzTarget to individuals exclusively and are granted specifically to the subscribing Premium User only. Premium Subscription rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing Premium User without the express written permission of BuzzTarget. Premium Subscription privileges are subject to change from time to time and may be subject to property listing, property searching, email blast services and private contact list size. Higher Featured Listing Plans are available for purchase by calling (347) 946-2899 or emailing firstname.lastname@example.org. Customer acknowledges that BuzzTarget (in addition to its other remedies) can cancel and prohibit Premium Subscription privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. BuzzTarget also has the right to refuse service to any customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate Premium Subscription or other membership privileges. Premium Subscriptions continue to renew at the prevailing level regardless of Customer's listing or searching activity on BuzzTarget.com. Premium Subscriptions will automatically renew to the credit card number provided for initial payment unless the Customer cancels their subscription on the BuzzTarget Website three (3) days prior to the renewal date to cancel such subscription. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes.
After adding a listing at our Free pricing tier, the Customer will have the option to change current membership level to a Premium Member with a Featured Listing Plan which will provide the option of Featured exposure for the listing. For all Plan changes submitted online, the Customer will be charged a prorated change plan fee for the remaining days in current billing cycle, and Customer's subscription rate will be adjusted commencing with the next bill date. Premium Users may change current membership level to a lower Plan by clicking to "My Subscription" under "My Account". Service will downgrade the earliest created Featured Listing(s). No partial month refunds will be provided.
- Unsolicited Commercial Email (Spam): BuzzTarget prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the Email The Broker, Email a Friend service, or other email services that BuzzTarget offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. By using BuzzTarget, Customer agrees to send email only to those who have given Customer consent or with whom Customer has an established business relationship. BuzzTarget has the right to revoke the privileges of any customer or company that breaches these terms.
- Termination: BuzzTarget reserves the right to terminate a Customer's membership at any time without prior notice with or without cause. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of BuzzTarget services, nonpayment of fees owed by you in connection with BuzzTarget services, account inactivity or technical or security issues. Upon termination, BuzzTarget shall have no obligation to maintain or forward any content in your account.
- Ownership and License Grant: BuzzTarget retains all rights (including Intellectual Property Rights as defined below), title and interest in the BuzzTarget Website technology and brochures and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of BuzzTarget's technology or delete or alter author attributes or copyright notices. Customer shall use the BuzzTarget system solely for their own use and shall not allow others to use the BuzzTarget system under or through that Customer's login ID/email and password.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
- Limitation of Liability and Indemnification: IN NO EVENT SHALL BUZZTARGET BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF BUZZTARGET’S SERVICES OR CUSTOMER'S FAILURE TO KEEP CUSTOMER'S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy, and BuzzTarget's entire liability under this Agreement shall be a refund to Customer of the fees paid to BuzzTarget hereunder, and in no event will BuzzTarget's liability for any reason exceed such fee. BuzzTarget (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify BuzzTarget (and BuzzTarget's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
- Warranty Disclaimers: THE LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BUZZTARGET MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, SALES COMP INFORMATION, PROPERTY FACTS INFORMATIOINCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND BUZZTARGET SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. BUZZTARGET MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO BUZZTARGET'S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM BUZZTARGET'S WEBSITE , INCLUDING LISTINGS, SERVICE, PROPERTY COMPS INFORMATION IS ACCESSED AT CUSTOMER'S OWN DISCRETION AND RISK, AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BUZZTARGET OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
- Other Rights of BuzzTarget, Inc.: Customer agrees that BuzzTarget shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by BuzzTarget customers and partners. BuzzTarget shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. BuzzTarget shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. BuzzTarget reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on BuzzTarget's corporate website, located at http://www.buzztarget.com.
- Copyright Complaints: If you believe that your work has been copied onto BuzzTarget in a way that constitutes copyright infringement, please provide BuzzTarget's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying BuzzTarget that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on BuzzTarget, with identifying information for the listing, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
505 W 37th Street, Suite 3802
New York, NY 10018
We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content.
- Brokers and Agents: Any Customer who identifies himself or herself as a broker or agent on the BuzzTarget website member registration form or otherwise purports to be a broker on BuzzTarget hereby represents and warrants that Customer is validly licensed as a broker and is in compliance with applicable broker requirements in all jurisdictions in which Customer is required to be licensed. The Company may, in its sole discretion, but without any obligation to verify the licensure of such individual as a broker or agent, remove from the list of brokers any Customer whom the Company believes is not a licensed broker or agent in any applicable jurisdiction. The Company may, in its sole discretion, terminate the accounts of, and refuse services to, any Customer who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such Customer is not a licensed broker. BuzzTarget does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the website. It is your responsibility to confirm the licensed status of any brokers listed on the BuzzTarget website.
- Governing Law: This Agreement, and the Deliverables provided by BuzzTarget, shall be governed by the laws of the State of New York, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Manhattan County, New York for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.
- Assignment: This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of BuzzTarget, which retains the right to withhold consent in its sole discretion.
- Waiver and Severability: The failure of BuzzTarget to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, Customer agrees that the remaining terms and provisions remain in full force and effect.
- Notices: All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Operating Officer at BuzzTarget.
- Entire Agreement: The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
Last updated on July 22nd, 2012