Burbbuzz.com is operated by LoveJuliet LLC
ACCEPTANCE OF TERMS AND CONDITIONS
We use the information we collect or receive, such as your email address, to communicate directly with you. We may send you emails containing newsletters, promotions, and special offers. If you do not want to receive such email messages, you will be given the option to opt out or change your preferences
PLEASE READ THIS AGREEMENT CAREFULLY. This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. YOUR USE OF THE SITE CONSTITUTES AGREEMENT TO THESE TERMS SET FORTH HERE AND WITHIN. IF AT ANY TIME THE TERMS OF THIS AGREEMENT ARE NO LONGER ACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY CEASE ALL USE OF THE SITE. You may not authorize any third party to use your registration information You may not sublicense, transfer, sell or assign your registration information and/or this Agreement to any third party without our prior written approval. Any attempt to do so will be void and will constitute a material breach of this Agreement. As the End User, you shall be responsible for protecting the confidentiality of your password(s), if any. You agree to notify us immediately and in no event later than 24 hours after any unauthorized use of your registration information or any other breach of security. We have the right to rely on any information you provide to us and shall have no liability for any such reliance. burbbuzz cannot and will not be liable for any loss or damage arising from any unauthorized use of your account. You acknowledge that, although the Internet is typically a secure environment, sometimes there are interruptions and delays in service or events that are beyond the control of burbbuzz, and burbbuzz shall not be responsible for any data lost while transmitting information on the Internet. While it is burbbuzz’s objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable at times for any reason including routine maintenance. You understand and acknowledge that access to the Site may be interrupted, suspended or terminated from time to time.
burbbuzz shall have the right to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, burbbuzz may discontinue publishing any portion of information or category of information, may alter or eliminate any transmission method and may change transmission speeds or other signal characteristics.
You as the user represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site. However, if you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to this Agreement. If you are under age 13, you are prohibited from using this Site.
2. Modified Terms.
3. Correction of Errors And Inaccuracies.
At times the Site may contain errors, omissions or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, omissions or inaccuracies and to update information at any time without prior notice. We apologize for any inconvenience this may cause users of the Site.
4. End User Conduct.
5. Copyright, Trademarks and Intellectual Property.
Everything on or in this Site, including the Third Party Sites, is the exclusive property of burbbuzz, or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE THIRD PARTY SITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF POSH-PERKS IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the perpetrator to civil and/or criminal penalties and may constitute cause for burbbuzz to terminate its agreement with any end user immediately. Posh Perks respects the intellectual property of others and expects its users to do the same. This Site and any Third Party sites may contain copyrighted material, trademarks and other proprietary information, such as text, software, photos, video, graphics, music and sound, and the contents of the Site are protected by copyright as a collective work under the United States copyright laws. burbbuzz possesses a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Only the operator of Posh Perks may modify, publish, transmit, edit or participate in the transfer or sale, create copied works, or in any way exploit any of the content on the Site. A user may download, print, and/or save copyrighted material for personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of burbbuzz or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted by obtaining express permission from the operator, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
You as a user shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. burbbuzz does not bare any responsibility to provide the users with proof that may aid the User in determining whether the material in question is copyrighted or trademarked. You as the user shall be solely liable for any damage resulting from any copyright or trademark infringement. By posting material to any public area of this Site or any Third Party site, you warrant that the owner of such material has expressly granted burbbuzz the royalty-free, perpetual, binding, non-exclusive right and license to use or reproduce such material. The foregoing provisions of Section 5 apply equally to and are for the benefit of burbbuzz, its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
If you believe that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the “DMCA”) permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright.
Notices and counter-notices should be sent to our Agent as follows:
Catherine R. Keenan, Esq.
65 High Ridge Road, # 186
Stamford, Connecticut 06905
Telephone: (203) 355-9845
Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
6. Disclaimer of Warranty.
Your use, browsing of, and any reliance by you upon, this Site is at your own risk. If you are dissatisfied with the Site or any Content or other materials, or with any of the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Site. WE DO NOT REPRESENT OR ENDORSE THE TIMELINESS, ACCURACY, RELIABILITY OR COMPLETENESS OF ANY CONTENT, VOUCHERS OR OTHER MATERIALS ON THE SITE AND YOU ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH CONTENT, VOUCHERS AND/OR OTHER MATERIALS SHALL BE AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT IN SOME CASES, THE CONTENT COULD BE MISLEADING, MISLABELED OR SIMPLY INACCURATE. FURTHERMORE, GAGGLEOFCHICKS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, NOR DO WE WARRANT THAT ANY DEFECTS IN THE SITE OR INACCURACIES IN THE CONTENT WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, ANY INFORMATION AND VOUCHERS ON THE SITE AND ALL EMAILS SENT BY US, OUR AFFILIATES AND SUBSIDIARIES, AND ANY MERCHANTS, THIRD PARTY CONTENT PROVIDERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELATED PARTIES”) ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.” NEITHER WE, NOR OUR AFFILIATES OR SUBSIDIARIES, DISTRIBUTORS, SERVICE PROVIDERS, MERCHANTS, THIRD PARTY CONTENT PROVIDERS AND OUR AND THEIR RESPECTIVE RELATED PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OF ANY MATERIALS, VOUCHERS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND ANY WEBSITE WITH WHICH IT IS LINKED, ANY CONTENT, VOUCHER OR, IF APPLICABLE, ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE SITE.
YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS ASSUMED SOLELY BY YOU. Where applicable law does not allow for the exclusions of implied warranties, the foregoing exclusions may not apply. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
7. Limitation of Liability.
IN NO EVENT SHALL POSH-PERKS OR ITS OPERATOR LOVE JULIET LLC, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR FROM USE OF ANY COUPONS OR VOUCHERS PURCHASED THROUGH THIS SITE. IN NO EVENT WILL POSH PERK’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC VOUCHER GIVING RISE TO SUCH CLAIM AND POSH PERKS TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED SUCH AMOUNT REGARDLESS OF THE TYPE OF ACTION AT ISSUE.
burbbuzz shall have the right, but not the obligation, to monitor the content of the Site and any Third Party Sites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by burbbuzz, as well as to satisfy any applicable law, regulation or authorized government request. burbbuzz shall also have the right, but not the obligation, to remove any content that burbbuzz, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
10. License Grant.
By posting communications on or through this Site or any Third Party Site, the user grants burbbuzz a royalty-free, permanent, irrevocable, non-exclusive license to use, reproduce, alter, publish, edit, translate, distribute and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without protective or time limitations, and to sublicense such rights through various tiers of sublicensees.
You as the user agree to defend, indemnify and hold harmless burbbuzz, its affiliates, subsidiaries and its operator and their respective directors, officers, employees and agents from and against all claims and expenses (groundless or otherwise), including attorneys’ and accounting fees, arising out of or related to any products or services purchased by you in connection with the Site or any Third Party Sites or any activities arising from your account.
You are solely responsible for interactions with Merchants and other users of the Site or Third Party Sites. To the extent permitted under applicable laws, You hereby releases burbbuzz from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Coupon or Voucher, and any conduct or speech, whether online or offline, of any other user.
In connection with the foregoing release, You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
burbbuzz reserves the right, in our sole discretion, to terminate this Agreement at any time. Without limiting the foregoing, burbbuzz shall have the right to immediately restrict, suspend, terminate or revoke any passwords or accounts of the User in the event of any conduct by the User or which burbbuzz, in its sole discretion, considers to be objectionable, or in the event of any breach by the User of this Agreement. The provisions of Sections 2, 4, 5, 6, 7, 10, 11, and 12 will survive termination of this Agreement.” ONCE ACCESS TO THE SITE IS RESTRICTED, SUSPENDED OR TERMINATED, DATA (e.g., Submissions) STORED ON THE SITE MAY NOT BE RETRIEVED.
burbbuzz is a trademark of burbbuzz.com and the intellectual property of LoveJuliet LLC. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on burbbuzz are the property of their respective owners.
14. Third-Party Sites.
The Site may contain links to websites and resources on the Internet that are not related to us and which are owned and operated by third parties (the “third-party sites”). burbbuzz has no more editorial control over such content than does a public library or newsstand. Any opinions, advice, statements, services or offers expressed on a Third Party Site is not the responsibility of burbbuzz but the sole responsibility of the Third Party. burbbuzz does not make any representations or warranties about any third-party sites you may access through this Site. These links are provided solely as a convenience to you and do not constitute an endorsement by or imply that burbbuzz sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses the third-party sites. We are not responsible for the contents of, or any products or services offered on, any third-party sites. You must make your own independent decisions regarding your interactions or communications with any other website
This Agreement, including the Terms of Sale set forth below, sets forth the entire agreement between the parties relating to the subject matter herein. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder. This Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Headings are for reference purposes only and have no legal or contractual effect. All rights not expressly granted herein are reserved.
You can contact burbbuzz via email by clicking here or by mail at Posh Perks, c/o LoveJuliet LLC 1 Closter Commons Suite 156, Closter, NJ 07624. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at: http://www.en.wikipedia.org.
II. TERMS OF SALE
The Coupon you purchase through burbbuzz is redeemable for goods or services by the Merchant. The Merchant, not burbbuzz, is the seller of the Coupon and the goods and services and is solely responsible for redeeming any Coupon you purchase. burbbuzz is simply the seller of the Coupon.
1. Terms and Conditions for Restaurant-Specific Coupons.
For this section, “Restaurant” shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Coupons.
Frequency of redemption is determined by each individual Restaurant, and shall be defined in the Coupon offer on the Site.
Use of Restaurant-Specific Coupons for alcoholic beverages is at the sole discretion of the Restaurant and is subject to compliance with applicable law
Coupons cannot be combined with any other restaurant Coupons or offers unless otherwise specified by Restaurant.
Unless otherwise permitted by the Restaurant, Restaurant-Specific Coupons cannot be used for taxes or tips.
Coupons are valid for dine in only unless otherwise stated in the offer.
The issuing of restaurant credit is at the sole discretion of the Restaurant unless otherwise required by applicable law.
Neither burbbuzz nor the Restaurant is responsible for misplaced, lost or stolen Coupons or restaurant Coupon reference numbers, as the user, it is your responsibility to ensure the protection of your coupon and/or reference number.
Reproduction, sale or trade of a Restaurant-Specific Coupon is prohibited unless done so in compliance with applicable law.
Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific Coupon void to the extent prohibited by law.
If the Coupon is redeemed for less than its face value, you may only be entitled to a credit or cash from the Restaurant, equal to the difference between the face value and the amount you redeemed, if required by applicable law. All purchases of Coupons for Restaurants may have statutory limitations on the amount of the Coupon value that can be redeemed for alcoholic beverages. burbbuzz’ sole role in the transaction is as a broker or agent for the Merchant Coupon, and the applicability and compliance with any relevant statute or code is the sole responsibility of the Merchant. burbbuzz has no role in such determination or action on the part of the Merchant.
2. Terms and Conditions for Non-Restaurant Merchant Coupons
Merchant Coupons may be applied only to actual goods and services sold by Merchant, and may not be applied to shipping or handling charges.
Limit one (1) Coupon per redemption, unless otherwise stated.
The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.
Neither burbbuzz nor the Merchant is responsible for misplaced, lost or stolen Coupons or restaurant Coupon reference numbers, as the user, it is your responsibility to ensure the protection of your coupon and/or reference number.
Coupons cannot be combined with any other offers or coupons unless otherwise specified by Merchant.
Reproduction, sale or trade of this Coupon is prohibited unless done so in compliance with applicable law.
Any attempted redemption not consistent with these terms and conditions will render the Coupon null and void to the extent prohibited by law.
If the Coupon is redeemed for less than its face value, you may only be entitled to a credit or cash from the Merchant, equal to the difference between the face value and the amount you redeemed, if required by applicable law. burbbuzz’ sole role in the transaction is as a broker or agent for the Merchant Coupon, and the applicability and compliance with any relevant statute or code is the sole responsibility of the Merchant. burbbuzz has no role in such determination or action on the part of the Merchant.
3. Additional Terms and Conditions for All burbbuzz Coupons.
All Coupons shall be subject to the terms and conditions of burbbuzz and the participating Restaurant or Merchant (“the Vendors”). The Vendors are the issuers of the Coupons and sellers of the goods or services which you are purchasing. As a holder and issuer of the Coupon and provider of the goods or services, the Vendor shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs caused in whole or in part by the Vendor, as well as for any unclaimed property liability arising from unused Coupons or portions of unused Coupons. You release burbbuzz and its officers, directors, operators, employees and agents from, any claim, liabilities, damages, or injury arising from or relating to any act or omission of Vendor in connection with a Coupon or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Coupons or any portion thereof. Restaurant-Specific Coupons and Merchant Coupons are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally.
According to applicable law, the Merchant may be responsible for allowing you to redeem your Coupon for the cash value based on the money you actually paid for your Coupon for a period of time that extends beyond the expiration date on the Coupon. In the event that you have an expired Coupon and would like to redeem it for the price you paid to acquire it, please contact the Merchant.