Buzz2Serv is the service of choice for both the customers and contractors. Buzz2Serv is built on partnership and community. We are here to empower everyone out there who has a small business and is trying to make a living. Our mission is to put the local people to work.
B2S Purpose
The main purpose for this platform is to connect local contractors/workers with the right customer to fulfill their needs or request. The platform will let the user book service, track service, and give rating on completed services. The services include a variety of task/project that are very specific to the customer’s request. The target market includes homeowners and small business owners .
Grow your business on Buzz2serv
Mission/Vision Statement
Core Values
Make sure you buzz in when providing service to a customers address and buzz out when leaving. Buzz2Serv- a simple and cost effective solution where everyday problems are solved.
Terms of Use
PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
ACCEPTANCE OF THESE TERMS
This Terms of Use Agreement ("Terms"), including the BINDING ARBITRATION AND CLASS ACTION WAIVER CONTAINED HEREIN govern your access to, use of, and participation in the Platform made available by Buzz2Serv, LLC or any of its subsidiaries (collectively, and including such entities operating under any other names (including Setter), "Buzz2Serv," "we," "our," or "us") or through Buzz2Serv and the entirety of your relationship with Buzz2Serv. YOU UNDERSTAND AND AUTHORIZE BUZZ2SERV TO USE YOUR INFORMATION TO OBTAIN BACKGROUND CHECKS AND BUSINESS CREDIT CHECKS FROM OUR VENDORS AND/OR VERIFY YOUR IDENTITY THROUGHOUT YOUR USE OF THE SERVICE.
PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.
All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein will refer to that entity, its directors, officers, employees, and agents.
MODIFICATIONS
Buzz2Serv reserves the right, in our sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. Buzz2Serv will notify you of changes by posting on the Buzz2Serv Terms of Use website and may also, in our sole discretion, notify you by sending you a message and/or otherwise notifying you when you are logged into your account. Modifications will become effective 30 days after the earliest of: (a) modifications being posted on the Platform; (b) Buzz2Serv’s transmission of a message to you about the modifications; or (c) you are otherwise notified when you are logged into your account. Your use of the Platform after the expiration of the 30 days will constitute your consent to the changes. If you do not agree, you may not access or use the Platform.
ADDITIONAL TERMS AND POLICIES
Please review Buzz2Serv's Privacy Policy , incorporated herein by reference, for information and notices concerning Buzz2Serv's collection and use of your information. The provision and delivery of text messages by Buzz2Serv or our text message service providers is governed by our SMS Terms and Conditions, which are expressly incorporated herein. The “Buzz2Serv Guarantee” is governed by the Buzz2Serv Guarantee Terms and Conditions, which are expressly incorporated herein. Please review the full set of key Buzz2Serv policies that govern your use of the Platform and our interactions with you and third-parties. Certain areas of and/or products on the Platform may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between these Terms and the terms and conditions or policies posted for a specific area or product, the latter take precedence with respect to your use of that area or product.
KEY TERMS
"Collective Content" means User Content and Buzz2Serv Content together.
"Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Pro Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.
"Consumer" means a User who is registered to search for Service Professionals on the Platform, seeks Pro Services from Service Professionals on the Platform, makes a booking with a Service Professional to purchase a Pro Service (or receive a quote in contemplation thereof), is registered for or undergoes a home specialist consultation or similar service with respect to their home, utilizes a Buzz2Serv plan to track maintenance on a home, is a Buzz2Serv Plus member, or otherwise uses the Platform to, or agrees to these Terms in order to, receive, pay for, review, or facilitate the receipt of Pro Services. Because a Consumer may be, or may become, a customer of a Service Professional, a Consumer is often referred to as a “customer” or a “Customer” on the Platform and in marketing materials related to the Platform.
"Fee" means any amount charged by Buzz2Serv to a User in connection with the Platform.
"Platform" means all Buzz2Serv websites, mobile or other applications, software, processes, video consultations, subscription services, and any other services provided by or through Buzz2Serv.
“Privacy Policy” means the Buzz2Serv Privacy Policy located at https://www.Buzz2Serv.com/privacy/, including any amendments, supplements or modifications thereto made from time to time.
"Service" means the services listed, quoted, scheduled, offered, fulfilled or provided by Service Professionals, or sought, scheduled, paid for, or received by Consumers, through the Platform.
"Contractor" means a User who uses, or is registered to use, the Platform to offer, provide, receive payment for, or facilitate the provision of Pro Services. Service Professionals are often referred to as “pros” on the Platform.
"Buzz2Serv Content" means all Content Buzz2Serv makes available on or through the Platform, including any Content licensed from a third-party, but excluding User Content.
"Customer/Contractor or User" means a person or entity who completes Buzz2Serv's account registration process, agrees to these Terms, utilizes any services offered by or through the Platform, or a person or entity who submits or receives a request through Buzz2Serv, including but not limited to Service Professionals and Consumers.
"Customer/Contractor or User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any User or other user of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Platform, but excluding Buzz2Serv Content and Feedback.
ELIGIBILITY, SERVICE PROFESSIONAL REPRESENTATIONS, WARRANTIES, AND USE OF THE PLATFORM
Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you meet these requirements.
By registering or using the Platform to offer, post, or provide Service, Service Professionals represent and warrant that they, and the employees, agents, suppliers contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Service and in relation to the specific job they are performing. Service Professionals otherwise agree to comply with all applicable laws, including the Georgia Consumer Privacy Act, any other applicable privacy laws, and the Telephone Consumer Protection Act, in their use of the Platform and any personal information obtained from the Platform.
Buzz2Serv does not sell or otherwise provide Pro Services. Buzz2Serv may directly provide home project consultations and related on-Platform services to Consumers, but any Service solicited as a result of any such consultations or on-Platform services are provided by an independent Service Professional without any representation or warranty from Buzz2Serv other than as expressly provided for herein. Buzz2Serv also facilitates Service transactions, which facilitation may include displaying a list of Service Professionals profiles, allowing Consumers and Service Professionals to send messages to each other, allowing for the booking of an appointment for the provision of Service, assisting in the selection of a Service Professional for certain Consumers, and processing payment for certain Service. Consumers understand that any such facilitation does not constitute a warranty in relation to the Service. Service Professionals understand and agree that using the Platform does not guarantee that anyone will engage them for Service. Consumers understand that any Service they solicit and/or pay for using the Platform are solicited directly from the Service Professional providing such Service.
Service Professionals understand and agree that they are customers of Buzz2Serv, and are not Buzz2Serv employees, contractors, consultants, joint venturers, partners, or agents. Service Professionals acknowledge that they provide their own equipment, select their own jobs, develop their own expertise, are free to do jobs through other platforms and lead sources, and determine their own work schedule. Buzz2Serv does not control, and has no right to control, the services a Service Professional provides (including the details of how the Service Professional provides such services) if the Service Professional is engaged by a Consumer or any other person, except as specifically noted herein or on the Platform.
Buzz2Serv, as permitted by applicable laws, obtains reports regarding Service Professionals, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Service Professional’s account based on the results of such a report, without or without notice. As a Service Professional, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from Buzz2Serv’s vendors. Service Professionals agree to inform Buzz2Serv of any material criminal convictions that occur after any such reports are run.
ACCOUNT REGISTRATION AND OTHER SUBMISSIONS
Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). You may register for an Account using certain third-party account and log-in credentials (your "Third-Party Site Password"), such as your Facebook or Google credentials. You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Buzz2Serv password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify Buzz2Serv immediately of any unauthorized use. Buzz2Serv is not liable for any losses by any party caused by an unauthorized use of your Account. You are liable for the losses of Buzz2Serv or others due to any unauthorized use of your account related to your failure to comply with these Terms. Your account is nontransferable except with Buzz2Serv’s written permission and in accordance with Buzz2Serv policies and procedures.
YOUR LICENSE TO USE THE PLATFORM
Subject to your compliance with these Terms, Buzz2Serv grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you as is. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise regarding any intellectual property rights owned or controlled by Buzz2Serv or our licensors, except for the licenses and rights expressly granted in these Terms.
USER CONTENT
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. The contents of private messaging through the Platform will not be used by Buzz2Serv in public advertising. By making available any User Content on or through the Platform, you hereby grant to Buzz2Serv a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise utilize such User Content on, through, by means of or to promote, market or advertise the Platform or Pro Services, or for any other purpose in our sole discretion. In the interest of clarity, the license granted to Buzz2Serv will survive termination of the Platform or your Account. Buzz2Serv does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Buzz2Serv the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Buzz2Serv's use of your User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third-party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. While Buzz2Serv has no obligation to do so, you agree that Buzz2Serv may edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.
Buzz2Serv reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable, in violation of these Terms or otherwise harmful to the Platform or Users, or for any other reason.
PROHIBITIONS
As a User of the Platform, you may not:
BUZZ2SERV FEES, AND TAXES
In connection with the use of Buzz2Serv's Platform, Buzz2Serv charges Fees.
Service Professionals can pay Fees to Buzz2Serv in order to receive certain services on the Platform, including but not limited to receiving contacts, bookings or payments from Consumers or other individuals. As a Service Professional, Buzz2Serv will automatically charge your stored payment method when those Consumers or other individuals contact you or make a booking with you concerning a Service that matches the targeting preferences you set with us. Buzz2Serv may also charge other types of Fees that you have previously agreed to (for example, cancellation fees or fees for services such as Front Desk) to your stored payment method or as deduction from your Buzz2Serv balance. Fees may also be deducted from the total amount a Consumer pays for a particular Service. In order to use Buzz2Serv, you must have at least one valid payment method stored on file and the storage of such payment method is subject to our Stored Payment Terms and Conditions. As described more fully below, you may also be required to set a weekly spending limit or Budget (as defined below). Except as otherwise described herein or in our Refund Policy, all sales and Fees on Buzz2Serv are final and non-refundable.
Timing of Charges for Service Professionals on Buzz2Serv. As a Service Professional using Buzz2Serv, there are different points at which your payment method may be charged:
If You Lack Sufficient Purchasing History on Buzz2Serv
If you are new to Buzz2Serv or do not have a sufficient purchasing history on the Platform as determined in Buzz2Serv’s sole and absolute discretion, your payment method may be charged each time you are contacted or booked by a Consumer or other individual and you do not have an adequate Buzz2Serv balance to cover the cost of that contact.
If You Have a Sufficient Purchasing History On Buzz2Serv
Once Buzz2Serv determines, in our sole and absolute discretion, that you have sufficient purchasing history on Buzz2Serv, Buzz2Serv may charge your payment method periodically for the total Fees accrued when Consumers or other individuals contact you. Specifically, Buzz2Serv may charge your payment method each time (a) a specific time period has passed; and/or (b) within that time period, each time the total Fees accrued hit a certain dollar threshold. The frequency of charges may not match the Budget Period described above. Buzz2Serv may adjust both the specific time period and the dollar threshold that trigger charges in our sole and absolute discretion. Buzz2Serv may also, in our sole and absolute discretion, revert to charging your payment method each time you are contacted by a Consumer or other individual and you do not have an adequate Buzz2Serv balance to cover the cost of that contact.
Buzz2Serv may offer certain services or features with payment timing that differs from, or is not applicable to, the above.
Default Payment Method. For ordinary charges from Service Professionals, Buzz2Serv will first attempt to charge the default payment method. In the event that Buzz2Serv is unable to charge that payment method for any reason--including but not limited to exceeding a payment method’s credit limit, payment method cancellation, a payment method being out of date, or payment method details being incorrect--you agree that Buzz2Serv may charge any other payment method associated with your account and take any other action to collect payment from you. If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to the Pro Services. If Buzz2Serv is unable to charge the default payment method, Buzz2Serv may attempt to charge any other payment methods associated with your Account in any order.
Penalty Fees for All Users. Buzz2Serv may also charge penalty Fees for fraud, misconduct, late payment or other violations of these Terms, as determined in our sole discretion. Information about current penalty Fees is available in the help center.
In addition, Buzz2Serv may charge certain penalty Fees disclosed directly in the Platform, including cancellation Fees.
You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. Charges will be made to the payment method designated at the time you accrue a Fee. If you do not pay on time or if Buzz2Serv cannot charge a payment method for any reason, Buzz2Serv reserves all rights permissible under law to recover payment plus all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. If any Fee is not paid in a timely manner, or we are unable to process your transaction using the payment method provided, we reserve the right to terminate or suspend your Account.
You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You agree to keep your contact information current, including but not limited to your email address and phone number. Such communication may be made by Buzz2Serv or by anyone on our behalf, including but not limited to a third-party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on your Account, you agree that Buzz2Serv may charge such unpaid Fees to any payment method or otherwise bill you for such unpaid Fees.
Taxes. Payments required by these Terms may be stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, “Taxes”). Certain jurisdictions, however, may require us to collect Taxes from you in connection with the purchase of, payment for, access to, facilitation of or use of the Pro Services, and you will be responsible for and bear Taxes associated with the purchase of, payment for, access to, or use of the Pro Services. Charges are inclusive of applicable Taxes where required by law. You hereby confirm that Buzz2Serv can determine your appropriate jurisdiction for tax purposes however it deems appropriate or as required by law, and you agree to pay taxes to Buzz2Serv when Buzz2Serv includes a charge for taxes on any invoice. You also understand and agree that you are solely responsible for determining your own tax reporting and sales and use tax collection requirements in consultation with your own tax advisers, and that we cannot and do not offer specific tax advice to either Service Professionals or Consumers.
TRACKING COMMUNICATIONS
In order to ensure appropriate charging of Fees and compliance with these Terms, Buzz2Serv may track the occurrence of communications between Consumers and Service Professionals that occur off of the Platform via email, phone call, SMS text message, third-party websites, or any other means, whether initiated by a Consumer or Service Professional. In order to track the occurrence of such communications, Buzz2Serv may obscure Service Professional contact information in a Service Professional profile, replace Service Professional contact information in a Service Professional profile with a different piece of contact information that will forward to the Service Professional, or take any other step reasonably calculated to track the occurrence of such communications. Except as explicitly stated herein, we will not record or review the content of any communications that do not come into contact with the Buzz2Serv Platform unless we first obtain your permission.
If you send text messages with a Consumer or Service Professional using the telephone number for that User available on the Platform, we may use a third-party service provider to track these text messages. We track these text messages for fraud prevention, to ensure appropriate charging of Fees, to enforce these Terms, and for quality and training purposes. As part of this process, Buzz2Serv and our service provider will receive in real time and store data about your text message, including the date and time of the text message, your phone number, and the content of the text message.
MARKETPLACE PAYMENTS
The Buzz2Serv platform may facilitate payments between Consumers and Service Professionals (“Marketplace Payments”) through our payment processing partner Stripe, but Buzz2Serv is not a party to any such Marketplace Payments or any Service related thereto. Unless otherwise indicated, Marketplace Payments may be made for services only; Marketplace Payments for tangible personal property is prohibited. By agreeing to these terms or continuing to operate as a Service Professional on the Platform, you hereby appoint Buzz2Serv to act as your agent for the limited purpose of facilitating and receiving Marketplace Payments on your behalf through Stripe as contemplated herein. You acknowledge and agree that, subject to any rights you have pertaining to Marketplace Payment disputes, once a Marketplace Payment has been made through the Buzz2Serv Platform, the payment obligation of the payor User shall be deemed satisfied by the payee User upon receipt of the Marketplace Payment by Buzz2Serv as though the payor User had made the Marketplace Payment directly to the payee User.
Buzz2Serv does not offer any professional services directly or indirectly unless specified in a separate contract to which Buzz2Serv is a direct party. Any time a Consumer pays for or books Service on the Platform or receives a quote in connection with Pro Services, such Consumer is contracting directly with the Service Professional offering such Service. Notwithstanding any facilitation of booking or payment, you understand and agree that Buzz2Serv (i) does not sell, offer, provide or subcontract any Pro Service and (ii) is not liable in any way for any Pro Service, except to the extent expressly set forth in the Buzz2Serv Guarantee (which guarantee is provided in connection with Buzz2Serv’s role as a marketplace only, not in a role of provider of Pro Services). Notwithstanding Buzz2Serv’s role as a payment facilitator, each Service Professional who receives Marketplace Payments understands and agrees that they are obligated to perform the Pro Service as outlined in their agreement with the Consumer and work to remedy any material deviations from such contract.
Service Professionals who receive Marketplace Payments from Consumers on Buzz2Serv must agree to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. Service Professionals should never agree to receive a Marketplace Payment, or perform services in expectation thereof, before they have confirmed that they can comply with such Stripe agreements and, in particular, Service Professionals should note that they will need a social security number or employer identification number in order to receive Marketplace Payments. As a Service Professional, by agreeing to these terms or continuing to operate as a Service Professional on Buzz2Serv, you agree to be bound by the Stripe Connected Account Agreement and Stripe Services Agreement, as those agreements may be modified by Stripe from time to time. As a condition of receiving payment processing services through Stripe, you agree to provide Buzz2Serv with accurate and complete information about you and your business, and you authorize Buzz2Serv to share this information and transaction information related to your use of the payment processing services provided by Stripe. Service Professionals also agree that Buzz2Serv may debit their Stripe account in connection with disputes with Consumers. Buzz2Serv reserves the right to process such debits and to withhold final payments until Buzz2Serv has investigated disputes. Buzz2Serv may make a final decision on disputes in their sole discretion and, as a Service Professional, you understand that all Marketplace Payments you may earn on the Platform are subject to such decisions. Additionally, Service Professionals agree that Buzz2Serv may reverse payments that have been made to a Service Professional’s Stripe Connected Account when a customer refund or guarantee payout is warranted, including in connection with such Service Professional’s actions or inactions that are prohibited by these Terms.
As a Consumer making a Marketplace Payment through Stripe, you agree to pay all amounts you owe when due using your preferred payment method. You further authorize Stripe to charge your preferred payment method for amounts you owe when they are due, whether they are recurring or one-time payments. You must keep all payment information you provide us up-to-date, accurate and complete. When you store a payment method with us, you agree to our Stored Payment Terms and Conditions. Do not share your payment card, bank account or other financial information with any other User. We take steps to secure all payment methods and other personal financial information, but we expressly disclaim any liability to you, and you agree to hold us harmless for any damages you may suffer as a result of the disclosure of your personal financial information to any unintended recipients.
Buzz2Serv may enable you to make Marketplace Payments using credit, debit, or prepaid cards, by linking your bank account, or by any other payment method we support@buzz2serv.com. We reserve the right to cancel your ability to make payments with one or more of the payment methods you have authorized in our sole and absolute discretion.
If you choose your bank account as your Marketplace Payment method, you authorize Stripe to make Automated Clearing House (“ACH”) withdrawals from your bank account, and to make any inquiries we consider necessary to validate any dispute involving payments you make to us or to a User, which may include ordering a credit report and performing other credit checks or verifying the information you provide us against third-party databases. You authorize Buzz2Serv or our provider to initiate one or more ACH debit entries (withdrawals) or the creation of an equivalent bank draft for the specified amount(s) from your bank account, and you authorize the financial institution that holds your bank account to deduct such payments. You also authorize the bank that holds your bank account to deduct any such payments in the amounts and frequency designated in your Account. Your authorization will remain in effect until canceled in writing by you. You agree to notify us of any changes to your account information or termination of your authorization at least five days prior to your next payment.
If your full payment is not processed by us at the same time, you hereby authorize partial debits from your bank account, not to exceed the total amount of your order. You agree to pay any ACH fees or fines you or we incur associated with transactions you authorize. This return fee will vary based on which state you are located in. The return fee may be added to your payment amount and debited from your bank account if we resubmit an ACH debit due to insufficient funds. We may initiate a collection process or legal action to collect any money owed to us. You agree to pay all our costs for such action, including any reasonable attorneys' fees. Federal law limits your liability for any fraudulent, erroneous, or unauthorized transactions from your bank account based on how quickly you report it to your financial institution. You must report any fraudulent, erroneous or unauthorized transactions to your bank no more than 60 days after the disputed transaction appeared on your bank account statement. Please contact your bank for more information about the policies and procedures that apply unauthorized transactions and the limits on your liability.
Marketplace Payment Disputes: All requests for Marketplace Payment chargebacks, errors, claims, refunds and disputes (“Payment Disputes”) will be subject to review by Buzz2Serv in accordance with the rules applicable to the payment method you used to make the Marketplace Payment and will be in Buzz2Serv’s absolute discretion. Buzz2Serv is not liable to you under any circumstances for Payment Disputes we are unable to resolve in your favor. We will normally process a valid written Payment Dispute request within 30 days after we receive it, unless a shorter period is required by law. You may file a Payment Dispute by emailing it to Buzz2Serv support@buzz2serv.com at support@buzz2serv.com. If you close or deactivate your Account before we adjudicate your Payment Dispute, we will not be able to issue you any amounts you are owed. We will attempt to pay you any Payment Disputed amounts you are owed using the method with which you made the disputed payment, but we cannot guarantee that we will be able to do so if your payment method information is inaccurate, incomplete, or has been canceled.
If your actions result in, or are likely to result in, a Payment Dispute, a violation of these Terms of Use or the creation of other risks to Buzz2Serv or our payment processing partners, or if we determine that your Account has been used to engage in deceptive, fraudulent, or illegal activity, then we may permanently withhold any amounts owed to you in our sole discretion. If you have a past due balance due on any Account, or for any additional amounts that we determine you owe us, we may, without limiting any other rights or remedies: (a) charge one or more of your payment methods; (b) offset any amounts you owe us against amounts you may be owed; (c) invoice you for amounts due to us, which such amounts will be due upon receipt; (d) reverse or block any credits to your bank account; or (e) collect payment from you by any other lawful means.
If you fail to make Marketplace Payments you owe when due, or if Buzz2Serv is unable to charge one of your payment methods for any reason, Buzz2Serv reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys' fees and related costs, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or overdue payments will be made by electronic mail or by phone. Such communication may be made by Buzz2Serv or by anyone on our behalf, including but not limited to a third-party collections agent.
Buzz2Serv may, from time to time, place a hold on any of your payment methods in order to prevent failed payments or in order to reverse your booking.
BUZZ2SERV PROMOTIONS
You may receive certain offers from Buzz2Serv (“Promotions”), including but not limited to discounted or free use of the Platform for a limited period, discounts on or credits towards payments made for Pro Services, and discounts or credits in relation to referrals. Any Promotions are offered at Buzz2Serv’s discretion, and may be revoked at any time and for any reason. Note that any attempt (as determined by Buzz2Serv in its sole discretion) to game, fraud, or in any way circumvent terms of a promotion is grounds for revocation, including but not limited to providing false information or utilizing multiple User accounts.
You are only eligible for any benefits described in the Promotion if (a) you received a communication directly from Buzz2Serv offering you that Promotion, (b) you satisfy all the requirements identified in that communication; and (c) you maintain an account in good standing with Buzz2Serv. We may condition receipt of a benefit described in a Promotion in any manner we see appropriate, including limiting eligibility to a subset of Users, to specific categories, or to certain dates. To be eligible for a benefit described in a Promotion, you may need to take a specific action (including but not limited to signing up for a service) or make a payment for specific services. Except where otherwise noted, Promotions are for one-time use only and cannot be stacked (i.e. a User may only use one Promotion per project).
Any benefits from participating in the Promotion, requirements of accepting the offer, and any other conditions to receive any benefit described in the Promotion will be disclosed to you. After a Promotion ends, regardless of whether you have already satisfied the requirements, you will be ineligible to receive those benefits. Notwithstanding anything to the contrary, Buzz2Serv may revoke a benefit if we believe that you have not satisfied the Promotion requirements, including maintaining an Account in good standing.
SPONSORED INFORMATION
Buzz2Serv may publicly display advertisements, paid content, and other sponsored information. The manner, mode, and extent of such advertising are subject to change without specific notice to you. Service Professionals may compensate Buzz2Serv to highlight themselves in search results and therefore rank higher. Any such Service Professionals will be clearly designated in applicable search results. Buzz2Serv may impose certain quality-related standards for Service Professionals to qualify as for a search rankings boost, which standards may be enforced and/or changed at any time.
DISPUTES BETWEEN OR AMONG USERS
Buzz2Serv values our Service Professionals and Consumers, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help Users resolve such disputes independently. In the rare event a dispute regarding an interaction related to the Platform cannot be resolved independently, you agree, at Buzz2Serv's request, to participate in good faith, to the extent you are reasonably able to do so, in a neutral resolution or mediation conducted by Buzz2Serv or a neutral third-party mediator or arbitrator selected by Buzz2Serv. Notwithstanding the foregoing, you acknowledge and agree that Buzz2Serv is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third-party.
INTELLECTUAL PROPERTY RIGHTS
Buzz2Serv Content is protected by copyright, trademark, patent, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Buzz2Serv and our licensors exclusively own all right, title, and interest in and to the Platform and Buzz2Serv Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Buzz2Serv used herein are trademarks or registered trademarks of Buzz2Serv. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
FEEDBACK
By sending us any feedback, comments, questions, or suggestions concerning Buzz2Serv or our services, including our Platform (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third-party or -parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Buzz2Serv and our Users any claims and assertions of any moral rights contained in such Feedback. This Feedback section will survive any termination of your Account or the Platform.
COPYRIGHT POLICY
We expect Users to respect copyright law. In appropriate circumstances, we will terminate the Account of any User who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright & DMCA Policy for more information.
NO ENDORSEMENT OR WARRANTY
Buzz2Serv does not endorse, warrant or make any representation (except those expressly and unambiguously made by Buzz2Serv directly on the Platform) concerning any User, or any Pro Services, and Buzz2Serv is not a party to any agreements between or among users, Users, or third-parties. Buzz2Serv does not perform Pro Services and disclaims all liability with respect thereto except to the extent expressly set forth in the Buzz2Serv Guarantee. No agency, partnership, joint venture, or employment is created as a result of the Terms or any user's or User's use of any part of the Platform, including but not limited to any scheduling or other services. Neither Buzz2Serv nor any Users or users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Users are required by these Terms to provide accurate information, and although Buzz2Serv may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, we do not make any representations about, confirm, or endorse any User or their purported identity or background, regardless of the specific Buzz2Serv services they are using or any involvement by Buzz2Serv personnel in providing or scheduling those services.
Buzz2Serv may provide tips, lists, suggestions or similar content (collectively, “Home Care Tips”) concerning popular home maintenance or improvement projects. Following Home Care Tips may help mitigate common home maintenance and safety issues, but Home Care Tips are not comprehensive, nor are they tailored to any User’s specific home. Any advice given in connection with Home Care Tips is provided based on generalized, public knowledge concerning home maintenance and safety and is not provided by experts. Home Care Tips should be considered only in conjunction with the advice of licensed experts and should never be construed as comprehensive. Buzz2Serv disclaims any warranties or representations with respect to Home Care Tips.
Any reference on the Platform or in any marketing to a User being licensed or credentialed in some manner, or "badged," “vetted”, “top rated”, "best of," "top," "background checked" (or similar language) designations indicates only that the User has completed a relevant account process or met certain review standards, and does not represent anything else. Buzz2Serv does not background every Service Professional that may provide Pro Services. Any such description is not an endorsement, certification or guarantee by Buzz2Serv and is not verification of a Service Professional’s identity and whether they or their Pro Services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. You should always exercise due diligence and care when deciding whether to have any interaction with any other User. Buzz2Serv offers a non-exhaustive list of safety tips to consider when hiring a Service Professional. Except as specifically described in the Buzz2Serv Guarantee and including its exclusions and limitations, Buzz2Serv has no responsibility for any damage or harm resulting from your interactions with other Users.
The Collective Content may contain links to third-party websites, media, offers, or other events/activities not owned or controlled by Buzz2Serv. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.
By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third-parties will be limited to a claim against those particular Users or other third-parties. You agree not to attempt to impose liability on or seek any legal remedy from Buzz2Serv with respect to such actions or omissions.
SANCTIONS FOR VIOLATIONS OF THESE TERMS
Without limiting any other rights, Buzz2Serv may, in our sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and Buzz2Serv, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds (including by way of setoff of amounts processed or held by Buzz2Serv in connection with your use of the Platform), assessing monetary penalties or costs, terminating your Account, notifying other Users of the termination of your Account and/or the violation of these Terms, decreasing your status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.
ACCOUNT SUSPENSION OR TERMINATION
We may, in our discretion, with or without cause, with or without prior notice and at any time, limit, block, suspend, deactivate or cancel your Buzz2Serv Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from Buzz2Serv support@buzz2serv.com teams; (b) if appropriate in our sole discretion, we may communicate to other Users that your Account has been terminated, blocked, suspended, deactivated, canceled, or otherwise penalized in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Platform services or Pro Services canceled or delayed as a result of Account termination. You may cancel your use of the Platform and/or terminate your Account at any time by following the "Settings" link in your profile, clicking "Account," and clicking "Deactivate Account." Please note that if your Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews. Please see our Privacy Policy, incorporated herein by reference, for information regarding data deletion requests following Account termination.
ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and Buzz2Serv agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between you and Buzz2Serv, including but not limited to claims arising out of or relating to any aspect of the relationship between you and Buzz2Serv, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
By agreeing to these Terms, you agree to resolve any and all disputes with Buzz2Serv as follows:
Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Buzz2Serv's support@buzz2serv.com department at support@buzz2serv.com Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Buzz2Serv support@buzz2serv.com department, and good faith negotiations will be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms or previous versions of these Terms (including the Terms' or Privacy Policy's formation, performance, and breach), the parties' relationship with each other, and/or your use of the Platform will be finally settled by binding arbitration, as described below.
Where the relief sought by you is $10,000.99 or less and you do not wish to bring the claim in small claims court, the arbitration will be conducted online by an online arbitration provider of our choosing in accordance with their applicable arbitration rules & procedures effective at the time a claim is made. Currently, you may initiate arbitration proceedings on the Fair Claims website. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
Where the relief sought is $10,001.00 or more, resolution will be in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000.00 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000.00 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. To initiate an arbitration with JAMS, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to Bey & Associates 191 Peachtree St NE #3200, Atlanta, GA 30303; and (c) send one copy of the Demand for Arbitration to Buzz2Serv at 555 North Point Center East 4th floor, Alpharetta, GA, USA. ATTN: Legal. You will be required to pay $250 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, Buzz2Serv will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award will be written and will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration will be initiated in the state of Georgia, United States. You and Buzz2Serv further agree to submit to the personal jurisdiction of any federal or state court in Fulton County, Georgia in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver The parties further agree that the arbitration will be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND BUZZ2SERV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above will be deemed null and void in their entirety and the parties will be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect your or our intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, trade dress, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on Buzz2Serv) written notice of your decision to opt out to opt-out with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of the later of the Effective Date of these Terms or your first use of the Platform; otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Buzz2Serv also will not be bound by them.
Changes to This Section: Buzz2Serv will provide thirty (30) days' notice of any changes affecting the substance of this Arbitration and Class Action Waiver section by posting on the Buzz2Serv Terms of Use website, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Buzz2Serv Terms of Use website or sent to you.
Changes to this section will otherwise apply prospectively only to claims arising after the 30th day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection will be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator will apply the first Arbitration and Class Action Waiver section in existence after you began using the Platform.
Survival: This Arbitration and Class Action Waiver section will survive any termination of your Account or the Platform.
Third-Party Beneficiary: You and Buzz2Serv acknowledge that any third-party consumer reporting agency that Buzz2Serv uses to perform background checks on Service Professionals is an express and intended third-party beneficiary of this arbitration provision and as such, the terms of this Arbitration provision will inure to the benefit of the consumer reporting agencies and may be enforced by them. Accordingly, you agree that any dispute that arises between you and a consumer reporting agency that relates to or arises out of this Agreement or any aspect of your relationship with Buzz2Serv will be resolved by binding arbitration. If any court or arbitrator determines that this third-party beneficiary subsection is void or unenforceable for any reason, then this subsection will be severed from the section entitled “Arbitration and Class Action Waiver,” and the remainder of the section will remain enforceable, meaning that the class action waiver and the mutual obligation to resolve disputes between you and Buzz2Serv through binding arbitration remains enforceable.
GOVERNING LAW
The Terms and the relationship between you and Buzz2Serv will be governed in all respects by the laws of the state of Georgia, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against Buzz2Serv that is not subject to arbitration must be resolved by a court located in Fulton County, Georgia, or a United States District Court, Northern District of Georgia, located in Fulton, Georgia, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Fulton County, Georgia or the United States District Court, Northern District of Georgia located in Atlanta, Georgia, for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available.
DISCLAIMERS
YOUR USE OF THE PLATFORM, PRO SERVICES, OR COLLECTIVE CONTENT IS SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT BUZZ2SERV DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING BUT NOT LIMITED TO SERVICE PROFESSIONALS AND CONSUMERS. THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BUZZ2SERV AND OUR AFFILIATES AND SUBSIDIARIES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE PRO SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. BUZZ2SERV MAKES NO WARRANTY THAT THE PLATFORM OR PRO SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BUZZ2SERV ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. BUZZ2SERV WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BUZZ2SERV OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CONSUMERS, SERVICE PROFESSIONALS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT BUZZ2SERV DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VET ANY PRO SERVICES. BUZZ2SERV MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE PRO SERVICES. BUZZ2SERV EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD-PARTIES.
BUZZ2SERV MAY PROVIDE TO SERVICE PROFESSIONALS PHONE NUMBERS THAT CONSUMERS PROVIDE IN CONNECTION WITH A REQUEST. SUCH PHONE NUMBERS ARE NOT VERIFIED AND BUZZ2SERV MAKES NO REPRESENTATION OR WARRANTY AS TO THEIR VALIDITY.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING PRO SERVICES OR REQUESTING OR RECEIVING PRO SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF BUZZ2SERV OR THIRD-PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER BUZZ2SERV NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BUZZ2SERV HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, PRO SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING PRO SERVICES OR REQUESTING OR RECEIVING PRO SERVICES THROUGH THE PLATFORM.
IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF BUZZ2SERV AND OUR AFFILIATES AND SUBSIDIARIES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, PRO SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY PRO SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO BUZZ2SERV BY YOU HEREUNDER, OR ONE HUNDRED U.S. DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN JURISDICTIONS THAT DO ALLOW LIMITATIONS OF LIABILITY, THE LIMITATION DESCRIBED ABOVE WILL APPLY FULLY TO RESIDENTS OF THOSE JURISDICTIONS.
INDEMNIFICATION AND RELEASE
You agree to release, defend, indemnify, and hold Buzz2Serv and our affiliates and subsidiaries, and respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your violation of these Terms; (b) your User Content; (c) your interaction with any User; and (d) the request or receipt or offer or provision of Pro Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Pro Services.
Notwithstanding the foregoing paragraph, if you are a resident of a jurisdiction where the foregoing is prohibited, you only agree to release, defend, indemnify, and hold Buzz2Serv and our affiliates and subsidiaries, and respective officers, directors, employees and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.
If you are a Georgia resident, you waive Georgia Civil Code Section 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
If you are not a Georgia resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
GENERAL
Force Majeure: Other than payment obligations, neither Buzz2Serv nor you will be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond your or our control and without your or our fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, epidemics, acts of declared or undeclared war, acts of regulatory agencies, or other disasters.
No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms.
Contacting You and E-SIGN Consent: You agree that Buzz2Serv may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. With your consent, Buzz2Serv, Consumers, Service Professionals, or other individuals may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from Buzz2Serv, Consumers, Service Professionals, or other individuals you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to support@buzz2serv.com with "Revoke Electronic Consent" in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access; and (b) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, send an email to support@buzz2serv.com with contact information and the address for delivery.
Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Buzz2Serv on the Platform, will constitute the entire agreement between you and Buzz2Serv concerning the Platform or Pro Services obtained through the Platform. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms, which will remain in full force and effect.
Waiver: No waiver of any provision of these Terms will be deemed a further or continuing waiver of such term or any other term, and Buzz2Serv's failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform or the Pro Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations will not apply to residents of New Jersey.
Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
Contact Information: If you have any questions about these Terms or the Platform, please contact us by sending an email to support@buzz2serv.com.
SMS Terms & Conditions
Buzz2Serv, LLC. ("Buzz2Serv," "we," "us," or "our") provides these SMS Terms and Conditions (the "SMS Terms"), which govern the provision and delivery of text messages by us or our text message service providers to you. Buzz2Serv provides this service to all of our users, including Buzz2Serv pros and those consumers seeking Buzz2Serv pros. We or our service providers send text messages to: (1) provide you with information you requested from Buzz2Serv; (2) inform you of improvements, features, or Buzz2Serv services that may be of interest to you; (3) to facilitate the matching of Buzz2Serv users with Buzz2Serv pros or other features you voluntarily use on Buzz2Serv; and (4) to respond to your inquiries regarding your account or use of Buzz2Serv.
E-SIGN Disclosure
By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing Buzz2Serv supportwith "Revoke Electronic Consent" in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email Buzz2Serv supportwith contact information and the address for delivery.
Signing Up For Buzz2Serv Text Messages
You may sign up to receive text messages through our website. By signing up to receive text messages, you agree to these SMS Terms, Buzz2Serv's Terms of Use, and Buzz2Serv's Privacy Policy.
By signing up to receive Buzz2Serv text messages, you agree that Buzz2Serv or its agents may use any automated or non-automated technology to send you informational and/or promotional text messages. The types of text messages you will receive depend on the SMS campaign(s) you opted into. You understand that you are not required to receive Buzz2Serv text messages as a condition of purchasing property, goods, or services from Buzz2Serv.
Costs of Signing Up for Buzz2Serv Text Messages
Buzz2Serv does not charge you for its text message program. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.
Frequency of Text Messages
We may send you an initial message confirming that we have received your opt-in. After that, you will receive recurring text messages, and the specific amount may vary depending on how you use our services. The number of text messages you receive may depend upon factors including how you use our services and whether you take steps to generate additional text messages from us (such as by sending a HELP request).
Participating Carriers
Content is not available on all carriers and carrier participation could change. As of September 24, 2015, our text messages can be sent through the following carriers: AT&T, T-Mobile USA, Verizon Wireless, Sprint, Advantage Cellular (DTC Wireless), Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Boost Mobile, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Google Voice, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, NTelos, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, Plateau (Texas RSA 3 Ltd), RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, and West Central (WCC or 5 Star Wireless). The content is not compatible with all cell phone models. Buzz2Serv will not be liable for any delays in the receipt of any SMS messages or changes to the participating carriers as delivery is subject to effective transmission from your carrier with active participation at that time.
Eligibility
By signing up to receive Buzz2Serv text messages, you represent that you are 18 years of age or older and understand the obligations and agree to the terms set forth in these SMS Terms and the Buzz2Serv Terms of Use, which both form binding agreements between you and us. You further represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts.
Opting Out of Buzz2Serv Text Messages
If you no longer want to receive Buzz2Serv text messages, you may text STOP at any time. After doing so, we will send you confirmation of your opt-out via text message. If you have revoked consent and want to re-enroll in our text message program, you can re-enroll through our website.
Modifications to these SMS Terms
We reserve the right to modify these SMS Terms, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your continued enrollment in Buzz2Serv's text messaging program shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
Privacy Policy
Buzz2Serv, LLC. and its affiliates (collectively "Buzz2Serv," "we," "our," or "us") value your privacy. In this Privacy Policy ("Policy"), we describe the information we collect, how we use it, and when and to whom we disclose it. This Policy applies to all of our websites, mobile applications, and other online services (collectively, the "Platform") made available by or through Buzz2Serv and on which we post this Policy, including through our URL www.Buzz2Serv.com and www.setter.com, and to information we collect offline or through other means. Undefined capitalized terms used herein shall have the definitions as set forth in our Terms of Use. By accessing or using the Platform, you agree to this Policy. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT ACCESS OR USE THE PLATFORM.
KEY TERMS
"Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Pro Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.
"Consumer" means a User who is registered to search for Service Professionals on the Platform, seeks Service from Service Professionals on the Platform, makes a booking with a Service Professional to purchase a Pro Service (or receive a quote in contemplation thereof), is registered for or undergoes a home specialist consultation or similar service with respect to their home, utilizes a Buzz2Serv plan to track maintenance on a home, is a Buzz2Serv Plus member, or otherwise uses the Platform to receive, pay for, review, or facilitate the receipt of Pro Services. Because a Consumer may be, or may become, a customer of a Service Professional, a Consumer is often referred to as a “customer” or a “Customer” on the Platform and in marketing materials related to the Platform.
"Platform" has the meaning set forth in the opening paragraph above.
"Service" means the services listed, quoted, scheduled, fulfilled or provided by Service Professionals, or sought, scheduled, paid for or received by Consumers, through the Platform.
"Service Professional" means a User who uses, or is registered to use, the Platform to offer, provide, receive payment for, or facilitate the provision of Service. Service Professionals are often referred to as “Contractor” on the Platform.
"Buzz2Serv Content" means all Content Buzz2Serv makes available on or through the Platform, including any Content licensed from a third-party, but excluding User Content.
"User" means a person or entity who uses the Platform, including, for example, a person who completes Buzz2Serv's account registration process, agrees to the Terms of Use, utilizes any services offered by or through the Platform, or submits or receives a request through Buzz2Serv, including but not limited to Contractors and Customers.
"User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any User of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Platform, but excluding Buzz2Serv Content and Feedback.
INFORMATION WE COLLECT
How we collect and store information depends on how you access and use the Platform. We collect information in multiple ways including when you provide information directly to us, when we collect information from affiliates and non-affiliated sources, and when we passively collect information from you, such as information collected from your browser or device.
Information You Provide Directly to Us
You may provide us with information about you when you use or access the Platform, such as when you register for an account; participate in polls or surveys; enroll for electronic newsletters; request a quote or other information; submit or respond to a quote; make a purchase; fill out any forms; enter a sweepstakes or contest, or register for a promotion; transmit User Content; download or use one of our mobile applications; you consent to our collection of information, such as when you grant us permission to collect your device’s contact list; or otherwise communicate with us or other Users through the Platform. This list is illustrative, not exhaustive; this Policy applies to all your uses of the Platform.
The personal information you provide directly to us may include, but is not limited to: (a) name; (b) zip code; (c) email address; (d) home or business telephone number; (e) home, business or mailing address; (f) demographic information (e.g., gender, age, and other information relevant to User surveys and/or offers); (g) date of birth and/or age verification; (h) insurance information (if you are a Service Professional); (i) photographs and/or video files or audio files (e.g., customer service call recordings); (j) information about your project, home, request or need; (k) in certain circumstances, payment information; (l) if you are a Service Professional, in certain circumstances, identity verification information (such as Social Security number or driver’s license information); and/or (m) any other information you include in communications with other Users through the Platform or communications with us. It may also include your information specific to the services you are requesting or offering through the Platform, such as a business name, service description, qualifications and credentials. You are not required to provide us with such information, but certain features of the Platform may not be accessible or available, absent the provision of the requested information.
We utilize a third-party payment provider to process payment information (e.g., credit card information or bank account information).
Information from Affiliates, Social Networking Sites, and Other Non-Affiliated Sources
We may collect information about you through Buzz2Serv affiliates or through non-affiliated sources, including public information sources. For example:
Please note that we have no control over how any third-party site uses or discloses the information it collects about you.
Information That Is Passively or Automatically Collected
Device/Usage Information. We and certain third-party vendors, including ad networks and analytics providers, may use cookies, web beacons, and other tracking technologies to collect information about the computers or devices (including mobile devices) you use to access the Platform. As described further below, we and these third-party vendors may collect and analyze information including but not limited to (a) browser type; (b) ISP or operating system; (c) domain name; (d) access time; (e) referring or exit pages; (f) page views; (g) IP address; (h) unique device identifiers (e.g. IDFA or Android ID); and (i) the type of device that you use. We may also track and record when and how frequently you access or use the Platform, or how you browse the Platform. We do not, however, collect keystroke information. We use this information (including the information collected by relevant third-party vendors) for Platform analytics (including to determine which portions of the Platform are used most frequently and what our Users like/do not like), to assist in determining relevant advertising (both on and off the Platform), to evaluate the success of our advertising campaigns, and as otherwise described in this Policy.
Location Information. When you use the Platform, we may collect general location information (such as your location as derived from your IP address). If you install our mobile app, depending on your device settings and any permissions you have granted, we may collect information about your precise geolocation, and we may use that information to improve the Platform, including providing you with location-based features (e.g., for identification of Pro Services available near you). To deliver customized content and advertising, we may disclose your location information to our agents, vendors, or advertisers. If you access the Platform through a mobile device and you do not want your device to provide us with location-tracking information, you may be able to disable the GPS or other location-tracking functions on your device. See your device manufacturer's instructions for further details. If you disable certain functions, you may be unable to use certain parts of the Platform.
Cookies and Other Electronic Technologies. We and our third-party vendors may use cookies, clear GIFs, pixel tags, and other technologies that help us better understand User behavior, personalize preferences, perform research and analytics, and improve the Platform. These technologies, for example, may allow us to tailor the Platform to your needs, save your password in password-protected areas, track the pages you visit, help us manage content, and compile statistics about Platform usage. We also use certain of these technologies to deliver advertisements through the Platform that may interest you or to advertise ourselves and the Platform to you on other sites. We or our third-party vendors also may use certain of these technologies in emails to our Users to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but your browser may allow you to modify your browser settings to decline cookies if you prefer. If you disable cookies, you may be prevented from taking full advantage of the Platform, because it may not function properly. As we adopt additional technologies, we may also gather additional information through other methods.
HOW WE USE YOUR INFORMATION
We may use your information for any of the following reasons:
For Service Professionals, we may display information related to your business, including your name or your business’s name, publicly on your profile, except to the extent we tell you we will not display such information. If the information you provide us upon signing up for an account differs from the information you provide us as part of the verification data we collect, we have sole discretion in determining which information will be displayed publicly on your profile.
We may combine information that we collect from you through the Platform with information that we obtain from affiliated and non-affiliated sources, and information derived from any other products or services we provide. We may aggregate and/or de-identify information we collect. We may use de-identified or aggregated information for any purpose, including without limitation for research and marketing purposes and may also disclose such information to any third parties, including without limitation, advertisers, promotional partners, sponsors, event promoters, and/or others.
We may, either directly or through third-party providers we engage to provide services to us, review, scan, or analyze your communications with other Users exchanged via the Platform or as otherwise described in this Policy for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and User support purposes. For example, as part of our fraud prevention efforts, we may scan and analyze messages to prevent fraud or improper actions. We may also scan, review or analyze messages for research and product development purposes, as well as to debug, improve and expand product offerings. By using the Platform or engaging in off-Platform communications tracked by Buzz2Serv, you consent that Buzz2Serv, in its sole discretion, may, either directly or through third-parties we engage to provide services to us, review, scan, analyze, and store your communications, whether done manually or through automated means.
HOW WE DISCLOSE YOUR INFORMATION
Unless otherwise described in this Policy, we may also disclose the information that we collect as follows:
You may post Content on or through our Platform, including, but not limited to, your comments, pictures, Service Professional profile, and other information. However, please be careful and responsible whenever you are online. Some information you provide and/or that we collect may be publicly accessible. For instance, registration for an account requires that you provide us with your name. If you register through Facebook, the Platform will use the name associated with your Facebook account. Your name (full name, or in some instances, your first name and last initial) may be visible to other Users. Depending on the circumstances, your name may be attached to your Content or information, such as scheduling of Pro Services, service requests, reviews, participating in discussions or forums, messaging, and profile information. Certain other people, including other Users with whom you have interacted via the Platform, may see information about you that is attached to your name. For example (but without limitation), if you are a Consumer seeking Pro Services, the description you provide of your desired services, along with your name, will be shown to some Service Professionals registered in the relevant category along with your name. Thus, other Users may be able to personally identify you based on Content you provide. Similarly, certain information we collect, including but not limited to when you last accessed the Platform, may be disclosed to other Users with whom you are interacting or otherwise made public.
If you choose to post User Content on or through the Platform, such as through User-to-User messaging or through our review boards, forums, blogs, or other postings, that information: (a) may be or may become publicly available; (b) may be collected and used by third-parties with or without our knowledge; and (c) may be used by third parties (including other Users) in a manner that may violate this Policy or applicable law.
ONLINE ANALYTICS AND TAILORED ADVERTISING
Analytics
We may use third-party web analytics services on the Platform, such as those of Google Analytics. Providers of these services use cookies and similar technologies (as described in the Information That Is Passively or Automatically Collected section above) to help us analyze how Users use the Platform, including by noting the third-party website from which you arrive. The information collected by the technology may be disclosed to or collected directly by these providers. We may also use Google Analytics; to prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser Add-on.
Tailored Advertising
We may use advertising services provided by third parties on the Platform, which provide their services using cookies and similar technologies (as described in the Information That Is Passively or Automatically Collected section above). Third parties whose products or services are accessible or marketed via the Platform may also place such technologies on your computer, mobile phone, or other device to collect information about your use of the Platform. We, our providers, and third parties collect information in this way for advertising and marketing purposes.
Certain third-party providers and certain cookies or similar technologies on the Platform enable us and third parties to serve you “tailored” advertising online that is more relevant to you and your interests. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative's Consumer Opt-Out Link and/or the Digital Advertising Alliance's Consumer Opt-Out Link to opt out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. We do not control any of these opt-out mechanisms and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. If your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI's and DAA's websites.
Please note that if you opt out of tailored advertising, you may still receive online advertisements about us, the Platform, or third parties on the Platform – however, such advertising is not tailored.
When using a mobile application, you may also receive tailored in-application advertising. Each operating system (e.g., iOS for Apple devices, Android for Android devices, and Windows for Microsoft devices) provides its own instructions on how to prevent use of your mobile advertising identifier to deliver tailored in-application advertising. For more information, you may review the support materials and/or the privacy settings for the operating systems and devices you use, or contact the applicable provider/operator.
PRIVACY OF MINORS
Our services are not provided to minors (i.e., persons under the age of 18). We elect to provide services only to persons 18 years of age or older, including any use of the Platform. If we discover, or if you inform us, that an individual under 18 has provided us with personal information, we will close the account and delete that individual’s personal information as required by law, including the Children's Online Privacy Protection Act. We may, where permitted by law, retain certain information internally for purposes described in this Policy.
SECURITY
We employ physical, procedural, and technological security measures to help protect your information from unauthorized access or disclosure. Buzz2Serv may use encryption, passwords, and physical security measures to help protect your information against unauthorized access and disclosure. No security measures, however, are 100% failsafe. Therefore, we do not promise and cannot guarantee, and thus you should not expect, that any information provided or transmitted online is completely secure. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, keeping your log-in and password private, and not recycling passwords from other websites or accounts. Buzz2Serv is not responsible for the unauthorized use of your information nor for any lost, stolen, or compromised passwords, or for any activity on your account via unauthorized password activity.
LINKS TO EXTERNAL PLATFORMS
The Platform may contain links to third-party websites or resources over which Buzz2Serv does not have any control; please review such other websites’ privacy policies as to their use of personal information. Such links do not constitute an endorsement by Buzz2Serv of those third-party websites. You acknowledge that Buzz2Serv is providing these links to you only as a convenience, and further agree that Buzz2Serv is not responsible in any way for such third-party websites, including without limitation for their content or how they treat information you provide to them.
YOUR CHOICES
You may review, correct, and delete certain information about you through your account, such as by logging in to the Platform and navigating to your preferences page in "Your Dashboard." We expect you to promptly update your account information if it changes or is inaccurate. Upon your request, we will close your account and remove your profile information from view as soon as reasonably possible. We may retain information from closed accounts in order to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations of any User, enforce our Terms of Use, and/or for any other purposes otherwise permitted by law that we deem necessary in our sole discretion. You should understand, however, that once you transmit User Content through the Platform, it may be acquired by others who may not be required to delete or modify such User Content. Once we have deactivated or removed your account, you agree that Buzz2Serv will not be responsible for retaining information related to your account.
We may send periodic emails to you. You may opt out of promotional emails by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt out of receiving promotional emails, we may still send you emails about your account or any services you have requested or received from us, transactions, or changes to our Terms of Use, this Policy, or other relevant terms.
We may monitor and record our telephone conversations with you for training and quality assurance purposes. You will be provided with a notice at the beginning of any call that is being recorded.
If you are a resident of certain states, you may have certain rights regarding your information.
CHANGES TO THIS POLICY
THIS POLICY IS CURRENT AS OF THE EFFECTIVE DATE SET FORTH ABOVE. BUZZ2SERV MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, CHANGE THIS POLICY AT ANY TIME. BUZZ2SERV WILL POST ITS UPDATED POLICY ON THE PLATFORM, SEND YOU A MESSAGE OR OTHERWISE NOTIFY YOU WHEN YOU ARE LOGGED INTO YOUR ACCOUNT. BUZZ2SERV ENCOURAGES YOU TO REVIEW THIS POLICY REGULARLY FOR ANY CHANGES. YOUR CONTINUED ACCESS TO OR USE OF THE PLATFORM WILL BE SUBJECT TO THE TERMS OF THE THEN-CURRENT POLICY.
CONSENT TO TRANSFER
Our computer systems are currently based in the United States and Canada, so your information will be processed by us in the United States and Canada, where data protection and privacy regulations may not offer the same level of protection as in your country of residence and data may be accessible to law enforcement and national security authorities under certain circumstances. If you create an account with the Platform as a visitor from outside the United States, by using the Platform, you agree to this Policy and you consent to the processing of all such information in the United States and Canada.
CONTACT US
If you have any questions about this Policy or the Platform, please contact us by sending an email to support@Buzz2Serv.com, or by writing to: Buzz2Serv, LLC, 555 North Point Center East 4th floor, Alpharetta, GA, USA.
SUPPLEMENTAL PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
This Supplemental Privacy Notice for California Residents supplements the information in the Policy above, and except as provided herein, applies solely to California residents (as defined by the California Consumer Privacy Act (as amended, the “CCPA”)). It applies to “personal information” (as defined by the CCPA) that we collect on or through the Platform and through other means (such as information collected offline, in person, and over the telephone). It does not apply to business information that does not constitute personal information we collect from Service Professionals in their capacity as Service Professionals. This Supplemental Privacy Notice for California Residents also does not apply to current or former employees of Buzz2Serv, Inc., independent contractors, or job applicants to jobs at Buzz2Serv, Inc.
How We Collect, Use, and Disclose Personal Information
The CCPA requires us to disclose information regarding the categories of personal information and sensitive personal information that we have collected about California consumers, the categories of sources from which we collect personal information, the business or commercial purposes (as each of those terms is defined by the CCPA) for which we collect personal information, and the categories of parties to whom we disclose personal information.
Throughout this Policy, we describe the specific pieces of personal information and sensitive personal information we collect, the sources of that information, and how we disclose it. Under the CCPA, we also have to provide you with the "categories" of personal information and sensitive personal information we collect and disclose for “business or commercial purposes” (as those terms are defined by the CCPA).
As described further in the Policy above, the following table provides information about our practices in the 12 months leading up to the effective date of this Policy in relation to the categories of personal information that we generally collect from California and Colorado residents, the sources of the information, the purposes for which we use the information, and the categories of third parties to whom we disclose personal information for a business purpose.
[Continued Below]
| CATEGORY OF PERSONAL INFORMATION COLLECTED | CATEGORIES OF SOURCES OF PERSONAL INFORMATION | PURPOSES OF USE | CATEGORIES OF OTHER PARTIES TO WHOM WE DISCLOSE THIS PERSONAL INFORMATION |
|---|---|---|---|
| Identifiers (such as account information, name, email address, address, phone number, or social network account and profile data) | You Your use of our services and the automatic collection from you that your use prompts Affiliates Unaffiliated Parties (such as agents/service providers, or other users) | Providing our services, including to enable you to find a Service Professional to provide services to you Fixing and improving our services Personalizing content Marketing and advertising Administering surveys, sweepstakes, promotions, or contests Communicating with you Analyzing use of our services Preventing, detecting, investigating, and responding to fraud, unauthorized access/use of our services, breaches or potential breaches of terms and policies Running internal trainings of Buzz2Serv personnel With your consent Legal compliance | Agents/service providers Affiliates Service Professionals (pursuant to a request by you for professional services) Consumers Other parties, including potential users |
| Commercial information (such as transaction data) | You Your use of our services and the automatic collection from you that your use prompts Affiliates Unaffiliated Parties (such as agents/service providers, Service Professionals, or other users) | Providing our services, including to enable you to find a Service Professional to provide services to you Fixing and improving our services Personalizing content Marketing and advertising Administering surveys, sweepstakes, promotions, or contests Communicating with you Analyzing use of our services Preventing, detecting, investigating, and responding to fraud, unauthorized access/use of our services, or breaches or potential breaches of terms and policies With your consent Legal compliance | Agents/service providers Affiliates Service Professionals (pursuant to a request by you for professional services) Consumers Other parties, including potential users |
| Financial data (such as payment information) | You Affiliates | Providing our services, including to facilitate communications between you and Service Professionals Fixing and improving our services Analyzing use of our services Preventing, detecting, investigating, and responding to fraud, unauthorized access/use of our services, or breaches or potential breaches of terms and policies With your consent Legal compliance | Agents/service providers; payment processors Affiliates Service Professionals (e.g. where limited information is conveyed when you make a payment on the Platform) |
| Internet or other network or device activity (such as IP address, unique device, advertising, and app identifiers, browsing history or other usage data) | You Your use of our services and the automatic collection from you that your use prompts Affiliates Unaffiliated Parties (such as agents/service providers) | Providing our services, including to enable you to find a Service Professional to provide services to you Fixing and improving our services Personalizing content Marketing and advertising Analyzing use of our services Preventing, detecting, investigating, and responding to fraud, unauthorized access/use of our services, or breaches or potential breaches of terms and policies With your consent Legal compliance | Agents/service providers Affiliates Other parties |
| Location information (general location, and, depending on your device settings and permissions, precise geolocation information) | You Your use of our services and the automatic collection from you that your use prompts Affiliates Unaffiliated Parties (such as agents/service providers) | Providing our services, including to enable you to find a Service Professional to provide services to you Fixing and improving our services Personalizing content Marketing and advertising Analyzing use of our services Preventing, detecting, investigating, and responding to fraud, unauthorized access/use of our services, or breaches or potential breaches of terms and policies With your consent Legal compliance | Agents/service providers Affiliates Service Professionals (general location only) Consumers (general location only) Other parties, including potential users (general location only) |
| Sensory information (such as audio recordings if you call our customer service) | You Affiliates Unaffiliated Parties (such as agents/service providers) | Providing our services, including to enable you to find a Service Professional to provide services to you Fixing and improving our services Analyzing use of our services Preventing, detecting, investigating, and responding to fraud, unauthorized access/use of our services, or breaches or potential breaches of terms and policies Running internal trainings of Buzz2Serv personnel With your consent Legal compliance | Agents/service providers Affiliates Other parties |
| Inferences about your project preferences and traits | You Your use of our services/automatically collected from you Affiliates Unaffiliated Parties (such as agents/service providers) | Providing our services, including to enable you to find a Service Professional to provide services to you Fixing and improving our services Personalizing content Marketing and advertising Analyzing use of our services Preventing, detecting, investigating, and responding to fraud, unauthorized access/use of our services, or breaches or potential breaches of terms and policies With your consent Legal compliance | Agents/service providers Affiliates Other parties |
| Other information that identifies or can be reasonably associated with you (such as user generated content, e.g., reviews) | You Your use of our services/automatically collected from you Affiliates Unaffiliated Parties (such as agents/service providers) | Providing our services, including to enable you to find a Service Professional to provide services to you Fixing and improving our services Personalizing content Marketing and advertising Administering surveys, sweepstakes, promotions, or contests Communicating with you Analyzing use of our services Preventing, detecting, investigating, and responding to fraud, unauthorized access/use of our services, or breaches or potential breaches of terms and policies Running internal trainings of Buzz2Serv personnel With your consent Legal compliance | Agents/service providers Affiliates Service Professionals (e.g. where you provide the information to Service Professionals through the Platform) Consumers Other parties, including potential users |
| Social Security number and/or driver’s license information | You | Verifying Service Professionals’ identity Legal compliance | Background check/identity verification service provider For legal/safety purposes |
Some of the categories of personal information described above are also “sensitive personal information,” as that term is defined in the CCPA. The sensitive personal information we may have collected in the preceding twelve months are: (1) account log-in and password or other credentials allowing access to your account; (2) certain user-to-user communications made through our Platform, including Member-to-Member text messages; (3) precise geolocation; (4) Social Security number; and (5) driver’s license number. The CCPA provides you with the right to limit certain uses and disclosures of your sensitive personal information. You may limit the use of precise geolocation for advertising purposes by opting out of the “sale” or “sharing” of such information, as discussed below. We do not use or disclose any other sensitive personal information for purposes that are subject to the right to limit.
We may combine the information we collect (“aggregate”) or remove pieces of information (“de-identify”) to limit or prevent identification of any particular User or device. We may use or disclose this aggregated or de-identified information in our discretion.
Your CCPA Rights
If you are a California resident (as defined by the CCPA), you may have the right to request that we:
You may have the right to receive information about the financial incentives that we offer to you, if any. You also have the right to not be discriminated against (as provided for in California law) for exercising certain of your rights referenced herein. Certain information may be exempt from such requests under applicable law. In addition, we need certain types of information so that we can provide our services to you. If you ask us to delete it, you may no longer be able to access or use our services.
To exercise any of these rights, you may submit a request at dataprivacy@Buzz2Serv.com or visithttps://help.Buzz2Serv.com/data-privacy. You will be required to verify your identity before we are able to fulfill your request, for instance by logging into the Buzz2Serv platform. You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You may still need to verify your identity directly with us.
You also have the right to opt out of “sales” and “sharing” of your personal information as described below.
“Sales” of personal information. Buzz2Serv may disclose certain identifiers (like IP address and email address), internet or other electronic network activity information (like information regarding an individual’s browsing interactions on the Platform), and commercial information (like the fact that a browser visited a page with home improvement tips) to certain analytics, advertising, and marketing providers in ways that may be considered “sales” under the CCPA. Buzz2Serv also discloses Consumers’ identifiers (like name) and general location information (like zip code) to select Service Professionals to better enable those Consumers to find a Service Professional who can provide a service the Consumer has expressed interest in. Under the CCPA, these may be considered “sales” of your personal information.
“Sharing” personal information. Under the CCPA, “sharing” is defined as the targeting of advertising to a consumer based on that consumer’s personal information obtained from the consumer’s activity across websites. We “share” information for these purposes to provide more relevant and tailored advertising to you regarding our Platform. As part of this advertising, we may “share” certain identifiers (like IP address and email address), internet or other electronic network activity information (like information regarding an individual’s browsing interactions on the Platform), and commercial information (like the fact that a browser visited a page with home improvement tips) with advertising platforms and advertising networks.
To opt out of our “sale” and “sharing” of your personal information as described above, you may follow the instructions on our “sale” and “sharing” opt-out page here.
Please note that we also respond to and abide by opt-out preference signals sent through the Global Privacy Control. Any opt-out preferences you have exercised through these methods will only apply to the specific device/browser on which you made them. For more information on how to use the Global Privacy Control, see https://globalprivacycontrol.org.
Retention of Your Personal Information
We will retain your personal information for as long as reasonably necessary to provide the Platform and our services or until you delete or modify your information. We also reserve the right to retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
SUPPLEMENTAL PRIVACY NOTICE FOR RESIDENTS OF OTHER U.S. STATES
Residents of certain other states, such as Colorado, Virginia, and Connecticut, may have certain rights regarding their “personal data,” as defined in these states’ laws (“personal information”), that we process.
Residents of Colorado may click here to view more information regarding each category of personal information we process (including sensitive data (called “sensitive personal information” above)), the sources of such information, the purposes for which we process each category of personal information, and the categories of entities to whom the personal information is disclosed. Residents of Colorado may click here to view more information about the categories of personal information that are “sold” or used for “targeted advertising” (as defined in Colorado law). Please note that we do not engage in profiling that produces legal or similarly significant effects.
Your state law may permit you to request that we:
Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Platform to you. If you ask us to delete it, you may no longer be able to access or use the Platform.
To exercise any of these rights, you may submit a request at dataprivacy@Buzz2Serv.com or visithttps://help.Buzz2Serv.com/data-privacy You will be required to verify your identity before we fulfill your request. To do so, you will need to provide the information identified in the webform or as otherwise directed by us.
You also have the right to opt out of the processing of the “sale” of your personal information and the processing of your personal information for purposes of “targeted advertising,” as defined in applicable law. Click here for more information about the categories of personal information that are “sold” or used for “targeted advertising” (also called “sharing” in some states).
Applicable law may also permit you to appeal any denials of your rights requests; to do so, contact us at Buzz2Serv@gmail.com and describe in detail why you believe the denial was in error. Your description must include your full name and the email address used for your account with us, along with a copy of the denial notice you received from us.
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