Terms

TERMS OF USE

Last Revised: October 1, 2018

PLEASE READ THESE TERMS OF USE CAREFULLY. ACCESSING OR USING THIS WEBSITE OR ANY OTHER OF OUR SITES OR APPLICATIONS THAT REFERRED YOU TO THIS NOTICE CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE, SUCH AS MAY BE REVISED BY BULZĪ FROM TIME TO TIME. THESE TERMS ARE A BINDING AGREEMENT BETWEEN YOU AND BULZĪ GOVERNING THE USE OF THE SITES. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE SITES. THESE TERMS CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

These Terms of Use (the “Terms”) apply to your access to, and use of, all or part of any website or mobile application of Bulzī, including bulzi.com, bulzi.info, and any other site, mobile application or online service where these Terms are posted (collectively, the "Sites"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Bulzī for products, services or otherwise.

The terms "Bulzī," "we," and "us" refer to Bulzī Media Inc. and its respective subsidiaries and affiliated companies. The terms “you” and “your device" refer to you as an individual person as well as any computer, tablet, smart phone, or other device you use to access the Sites.

In the event there is any conflict or inconsistency between these Terms and any other terms of use that appear on the Sites, these Terms will govern. However, if you navigate away from the Sites to a third-party site, you may be subject to alternative terms and conditions of use, as may be specified on such site, which will govern your use of that site.

While we make reasonable efforts to provide accurate and timely information about Bulzī on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information available about Bulzī.

These terms include an Arbitration provision that governs any disputes between you and us based solely on your use of the Sites. These provisions will eliminate your right to a trial by jury, and substantially affect your rights including preventing you from bringing, joining or participating in class or consolidated proceedings.

These Terms went into effect on the date noted at the top of this webpage. You acknowledge that we may update these Terms from time to time. If we make material changes, we will post the updated Terms on this page and change the date at the top of this Terms webpage. We encourage you to look for updates and changes to these Terms by checking this date when you access the Sites.

Eligibility

The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. A USER MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE SITES. If the User is between the ages of 13 and 18, he or she may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms. User represents and warrants that (a) he/she is not under the age of 18 unaccompanied by a parent of legal guardian who agrees to be bound by these terms, that (b) he/she is located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; and that (c) he/she is not listed on any U.S. government list of prohibited or restricted parties.

Privacy

Please read Bulzī’s Privacy Statement at bulzi.com carefully to understand how Bulzī collects, uses and discloses personal and/or device data from end users. By accessing or using the Sites, you consent to all actions that we take with respect to your data consistent with our Privacy Statement.

E-mail Communications

If you contact Bulzī through the Site and provide your e-mail address, you are automatically opted-in to receive promotional e-mail communications from Bulzī ("E-mail Communications"). You may opt out of receiving E-mail Communications from Bulzī by clicking on the opt-out link provided in an e-mail message from Bulzī.

Copyright, Trademarks, and User License

Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, the Bulzī logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the property of Bulzī or its licensors and are protected by U.S. and international copyright laws. Other trademarks, service marks, graphics and logos used in connection with the Sites are the trademarks or registered trademarks of their respective owners (collectively "Third Party Marks"). The Bulzī Marks and Third-Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Bulzī or the applicable trademark holder. The Sites and the Content are protected by copyright, trademark, patent, trade secret, international treaties, state and federal laws, and other proprietary rights and also may have security components that protect digital information only as authorized by Bulzī or the owner of the Content. All rights not expressly granted are reserved.

Subject to these Terms, Bulzī grants the User a personal, non-exclusive, non-transferable, limited, and revocable license to use the Sites for personal use only in accordance with these Terms ("User License"). Any use of the Sites in any other manner, including, without limitation, resale, transfer, modification or distribution of the Sites or text, pictures, data, hyperlinks, displays, and other content associated with the Sites ("Content") is prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. These Terms and User License also govern any updates to, or supplements or replacements for, the Sites, unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.

Digital Millennium Copyright Act ("DMCA") Notice

If you believe any material available via the Sites infringes a copyright you own or control, you may file a notification of such infringement by contacting us at Bulzī Media Inc., legalnotice@Bulzi.com, 895 Dove St, Suite 300, Newport Beach, CA 92660.

Acceptable Use

User’s use of the Sites, any Content thereof, and any information including name, company name, address, e-mail address, phone number, or other information ("User Information") provided by the User to Bulzī through the Sites is limited to the contemplated functionality of the Sites. In no event may the Sites be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) provides sensitive personal information unless specifically requested by Bulzī, (d) includes spam or any unsolicited advertising; (e) uses technology or other means to access Bulzī or Content that is not authorized by Bulzī; (f) uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access Bulzī or Content; (g) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (h) attempts to gain unauthorized access to Bulzī’ computer network or user accounts; (I) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (j) violates these Terms; (k) attempts to damage, disable, overburden, or impair Bulzī’ servers or networks; (l) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or (m) fails to comply with applicable third party terms (collectively "Acceptable Use"). Bulzī reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in the Sites, or assert legal action with respect or use of the Sites, that Bulzī reasonably believes is or might be in violation of these Terms. Bulzī’ failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

Indemnification

The User agrees to defend, indemnify, and hold harmless Bulzī, its subsidiaries and other affiliated companies, independent contractors, service providers and consultants, and their respective employees, contractors, agents, officers, and directors ("Bulzī Indemnitees") from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including attorneys’ fees) ("Claims") that arise from or relate to the User’s use or misuse of the Sites, violation of these Terms, violation of any rights of a third party, or your conduct in connection with the Sites. Notwithstanding the foregoing, this indemnification provision shall not apply to any Claims caused by a Bulzī Indemnitee’s sole negligence. Bulzī reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.

Warranties; Disclaimers

BULZI IS PROVIDING THE SITES TO THE USER "AS IS" AND THE USER IS USING THE SITES AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, BULZI DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE SITES ARE MERCHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE SITES BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE SITES WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED. THE MATERIALS AND INFORMATION ON THE SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NOTWITHSTANDING THE FOREGOING, NONE OF THE DISCLAIMERS IN THIS PARAGRAPH SHALL APPLY TO WARRANTIES RELATED TO PERSONAL INJURY.

No Liability

SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE STATUTORY RIGHTS UNDER APPLICABLE LAW, IN NO EVENT SHALL BULZI OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM BULZI), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BULZI' RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITES.

Third Party Content, Sites, Products and Services (including Advertising and Promotions)

Bulzī may provide third party content on the Sites (including embedded content) or links to third-party web pages, content, applications, products and services, including advertisements and promotions (collectively, "Third Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by Bulzī of any site or any information contained therein, and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Bulzī is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review such Third-Party Content. You agree to use such Third-Party Content contained therein at your own risk. When you visit other sites via Third Party Content, or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern, and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites. You must comply with any applicable third-party terms when using the Sites.

Modifications to the Sites

Bulzī reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that Bulzī will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.

Arbitration

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms or your use of the Sites.  Any dispute or claim arising out of or relating to these Terms or use of the Sites or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration.

Arbitration Procedures. For all disputes, you must first send a written description of your claim to our Customer Service department (info@bulzi.com) to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.

The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms evidence a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration will be held in the County of Orange, California, USA. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in their court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms as any eligible court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Costs of Arbitration. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. The cost of the arbitration procedure itself will be split evenly between the parties, unless the arbitrator decides on a different allocation.

Class Action Waiver and Jury Waiver. You and we each agree that any proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you.

Governing Law and Jurisdiction

These Terms and use of the Sites are governed by the laws of the state of California, United States of America, County of Orange, without regard to any applicable conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. If the arbitration agreement is ever deemed unenforceable or void, the User irrevocably consents to the exclusive jurisdiction of the federal and state courts in Orange County, California, United States of America, for purposes of any legal action arising out of or related to the use of the Sites or these Terms.

Termination

Notwithstanding any of these Terms, Bulzī reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to and use of the Sites. Bulzī’ failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Notice to California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: the provider of the Sites is Bulzī Media Inc., 895 Dove St, Suite 3oo, Newport Beach, CA 92660. To file a complaint regarding the Sites or to receive further information regarding use of the Sites, send a letter to the above address or contact Bulzī via e-mail (with "California Resident Request" as the Subject Line) to info@bulzi.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.

Contact

Any questions, complaints, or claims regarding the Sites should be directed to:

Bulzī Media Inc., legalnotice@bulzi.com, 895 Dove St, Suite 300, Newport Beach, CA  92660

Phone: 949-945-3792