Brian Curry d/b/a/ Assemblybuzz.com (“Assemblybuzz”) provides reviews and ratings on school assembly programs (collectively, “Programs”) to you, the user (“You”), to allow You the opportunity to read about the experiences other users have had with these Programs and to provide Your own reviews and ratings on the Programs.
In order to post reviews of Programs, You must read and accept all of the terms and conditions in, and linked to, this Membership Agreement (this “Agreement”), which may be modified by Assemblybuzz from time to time at our sole discretion. All modifications will be posted on www.assemblybuzz.com (our “Website”) and such modifications will become effective immediately upon the posting thereof. It is your responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications. We strongly recommend that, as You read this Agreement, You also access and read the linked information. By accepting this Agreement, BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
Assemblybuzz provides reviews and ratings on a variety of Programs based upon the
actual first-hand experiences other users have had with these Programs and also provides You with the opportunity to provide Your own reviews and ratings on the Programs You use (collectively, the “Service”).
2. Registration Information
As a condition of Your use of the Service, You agree to (a) provide Assemblybuzz with
true, accurate, current and complete information as prompted by Assemblybuzz’s registration forms, when registering for or using the Service and (b) update and maintain the truthfulness, accuracy and completeness of such information.
3. Minimum Age
If You are under the age of eighteen (18), You are prohibited from using or registering
for the Service.
4. Use Void Where Prohibited
Membership in the Service is void where prohibited.
5. Account Security
Assemblybuzz will assign You a user ID and a password when You register. Your user
ID and password may only be used by You and the members of your Household. You are solely responsible for maintaining and protecting the confidentiality of Your user ID and password, and are fully responsible for all activities that occur under Your user ID and password.
6. Limited License to Website Use
By agreeing to the terms and conditions of this Agreement, Assemblybuzz grants You a
limited license to access and use the reviews and ratings offered by the Service for Your personal purchase decisions. You acknowledge and agree that You will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose the reviews and ratings and any content, without the express written consent of Assemblybuzz.
7. Submissions of Reviews
In order for You to submit Your own reviews and ratings on the Website, You
acknowledge and agree that:
(a) all of Your reviews and ratings will either be based upon (1) Your actual first-hand experiences with the Program(s) You are reviewing;
(b) all of Your reviews and ratings of the Programs that You are rating will be accurate, truthful and complete in all respects;
(c) You do not work for, own any interest in or serve on the board of directors of, any of the Programs for which you submit reviews and ratings;
(d) You do not work for, own any interest in or serve on the board of directors of any competitors of the Programs for which You submit reviews and ratings;
(e) You are not in any way related (by blood, adoption or marriage, if the Program is an individual) to any of the Programs for which You submit reviews or ratings; and
(f) Your name and contact information will be made available to the Programs on which You report, upon written request by the Program.
8. Content License
Although Assemblybuzz does not claim ownership of any of the reviews, ratings,
communications, information, data, text or other materials You give us (collectively, the “Content”), by providing Content for the Website, You automatically grant, and You represent and warrant that You have the right to grant it, to Assemblybuzz an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Assemblybuzz with Content, You automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website by any other party.
9. Publication and Distribution of Content
Assemblybuzz does not guarantee the accuracy, integrity, quality or appropriateness of
any Content transmitted to or through the Service. You acknowledge that Assemblybuzz simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Programs in response to Content (“Program Content”). You understand that all Content and Program Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Assemblybuzz does not control, and is not responsible for Content or Program Content made available through the Service, and that by using the Service, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content and Program Content.
You further acknowledge that Assemblybuzz has no obligation to screen, preview, monitor or approve any Content or Program Content. However, Assemblybuzz reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Assemblybuzz be liable in any way for any Content or Program Content, including, but not limited to, any Content or Program Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content or Program content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Assemblybuzz relating to Content or Program Content, and release Assemblybuzz from any and all liability for or relating to any Content or Program Content.
Assemblybuzz does not endorse and is not responsible or liable for any Content, Program
Content, data, advertising, products, goods or services available or unavailable from, or through, any Programs. You agree that should You use or rely on such Content, Program Content, data, advertisement, products, goods or services, available or unavailable from, or through any Program, Assemblybuzz is not responsible for or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Programs and any other terms, conditions, representations or warranties associated with such dealings, are between You and such Programs and do not involve Assemblybuzz. You should make whatever investigation or other resources that You deem necessary or appropriate before hiring or engaging Program.
You agree that Assemblybuzz is not responsible for the accessibility or unavailability of any Programs or for Your interactions and dealings with them, waive the right to bring or assert any claim against Assemblybuzz relating to any interactions or dealings with any Programs and release Assemblybuzz from any and all liability for or relating to any interactions or dealings with Programs (which includes, but is not limited to, health care and wellness providers).
11. Your Conduct
In connection with Your use of the Service, You represent and warrant that You:
(a) are above the age of eighteen (18);
(b) have authority to enter into this Agreement;
(c) will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
(d) will not submit any reviews that may be considered by Assemblybuzz to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
(e) will submit thorough and thoughtful reviews of the Programs;
(f) will not submit reviews that comment on other users or the reviews of other users;
(g) will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Assemblybuzz or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
(h) will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
(i) will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(j) will not post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(k) will not take any action that would undermine the review and rating process under the Service;
(l) will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
(m) will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(n) will not use the Service in any way that could interfere with the rights of Assemblybuzz or the rights of other users of the Service;
(o) have sufficient rights in and to all Content that You provide, transmit or otherwise convey to Assemblybuzz in connection with the Service;
(p) agree not to re-sell or assign Your rights or obligations under this Agreement;
(q) will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
(r) will not access any Content for any commercial, educational or other purposes not related to Your personal purchasing decisions, the express written consent of Assemblybuzz, which consent may be withheld by Assemblybuzz in our discretion; and
(s) grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing.
The reviews and ratings that You provide do not reflect the views of Assemblybuzz, its officers, managers, owners, employees, agents, designees or other users. In addition, Assemblybuzz retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. Assemeblybuzz may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Assemblybuzz may seek any and all other remedies available to it, including (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
12. Disclosure of Information
Assemblybuzz may make Your identifiable information, and the Content available to our employees and third parties with whom we contract for use to handle Your account. In addition, Assemblybuzz may provide non-personally identifiable aggregate statistics, unique identifiers, demographic and other anonymous information about You and Assemblybuzz users to advertisers, Programs and other third parties. You agree that Assemblybuzz may make such uses of information You provide or Assemblybuzz collects.
You agree that Assemblybuzz may access, preserve and disclose Your account information, any information provided by You to Assemblybuzz, including, but not limited to, the Content for the purposes described in this Agreement, if required to do so by law or if in good faith, Assemblybuzz believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with any legal process, including but not limited to an enforceable court order or lawful third party subpoena; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of Assemblybuzz, its users and/or the public.
As Assemblybuzz continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred ass4ts and to be used for any purpose allowed under this Agreement.
13. Modification of Terms and Conditions
Assemblybuzz will have the right to modify and restate the terms and conditions of this
Agreement, and such modification(s) will be effective immediately upon being posted on our Website (assemblybuzz.com). Assemblybuzz will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are satisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Service.
14. Modification, Limitation and Discontinuance of Service
Assemblybuzz reserves the right at any time to limit access to, modify, change or
discontinue the Service with or without notice to You and we shall not be liable to You for any such modification, suspension or discontinuance of the Service. You agree that Assemblybuzz will not be liable to You or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that Assemblybuzz may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which You may access the Service in a given period of time. You agree that Assemblybuzz has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or though the Service. You agree that Assemblybuzz has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service may be subject to limitations, delays and other problems inherent in the use
of the Internet and electronic communications. Assemblybuzz is not responsible for any delay, failures or other damage resulting from such problems.
16. Copyright Materials
You acknowledge and agree that all Content and other information on the Website,
including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the property of Assemblybuzz and such Copyright Materials are the exclusive property of Assemblybuzz and are protected by all United States and international copyright laws.
17. Warranty Disclaimer
You understand and agree that THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ASSEMBLYBUZZ ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. ASSEMBLYBUZZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR ASSEMBLYBUZZ COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
18. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ASSEMBLYBUZZ WILL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ASSEMBLYBUZZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDES OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY ASSEMBLYBUZZ OR THE FAILURE OF ASSEMBLYBUZZ TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
You agree to indemnify, defend and hold harmless Assemblybuzz, its officers, managers,
owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to Assemblybuzz or that You submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. Assemblybuzz will have sole control of the defense of any such damage or claim.
20. Breach of Agreement
You agree to pay the actual damages suffered by Assemblybuzz, including, but not limited to reasonable attorneys’ fees, expert expenses and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
You agree that Assemblybuzz may communicate any notices to You under this
Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to Assemblybuzz will be provided by either sending: (i) an email to email@example.com; or (ii) a letter, first class certified mail, to Assemblybuzz, 759 Princeton Pl NW, Washington, DC 20010. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
22. Entire Agreement
This Agreement governs Your use of the Service and constitutes the entire agreement
between You and Assemblybuzz. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and Assemblybuzz regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between You and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to Assemblybuzz under this Agreement.
23. Governing Law
This Agreement and the relationship between You and Assemblybuzz will be governed
by the laws of the State of Virginia, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Virginia and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Assemblybuzz may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
This Agreement may not be re-sold or assigned by You. If You assign, or try to assign,
this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Assemblybuzz’ rights if Assemblybhuzz fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, You and Assemblybuzz agree that such could should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and Assemblybuzz as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.