IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY BAZING SERVICE OFFERED THROUGH THE SITE.
1.OWNERSHIP. This Site, the infrastructure used to provide its content and information, and each of its modules, together with the arrangement and compilation of the content found on this Site, is owned by and/or the copyrighted property and proprietary intellectual property of StrategyCorps, LLC (StrategyCorps) and/or its various third party providers and distributors. You will not copy, reproduce,republish, upload, post, transmit, display, perform, publish,license, distribute, sell, re-sell, transfer, modify or creative derivative works from, any of the content, data, information,materials or services found on or obtained from or through this Site.
In addition, the trademarks, logos and service marks displayed on this Site (collectively, the "Marks") are registered and common law Marks of StrategyCorps its affiliates, and various third parties.Your use of and access to the Site do not grant you any license or right to use any of the Marks. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Marks without the written permission of StrategyCorps or such other party that may own the Marks.
You may not use any "robot", "spider","scaper", or other automatic device, or a program,algorithm or methodology having similar processes or functionality,or any manual process, to monitor or copy any of the Web pages, data or content found on this Site, in any case without the prior written permission of StrategyCorps.
You will not submit any purposely inaccurate information, commit fraud or falsify information in connection with your BaZing account or in order to create multiple BaZing accounts. You will not attempt to, or actually access data not intended for you, such as logging into a server or an account which you are not authorized to access. You will not attempt to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization. You will not tamper or interfere with the proper functioning of any part, page or area of the Site and any and all functions and services provided by the Site or StrategyCorps You will not attempt to interfere with service to any user in any manner, including,without limitation, by means of submitting a virus to our Site,or attempts at overloading, "flooding", "spamming","mail bombing" or "crashing" the Site.
You agree that you will not transmit or otherwise transfer any Webpages, data or content found on this Site to any other computer, server, Web Site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site. You agree that you will not take any action that imposes a burden or load on our infrastructure that StrategyCorps deems in its sole discretion to be unreasonable or disproportionate to the benefits StrategyCorps obtains from your use of the Site.
You agree to not use the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with BaZing orStrategyCorps; resell or repurpose your access to the Site or any purchases made through the Site; use the Site or any of its resources to solicit Site end users, merchants or other business partners of BaZing or StrategyCorps to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with BaZing or StrategyCorps,including without limitation, aggregating current or previously offered deals; use any end user or merchant information from the Site for any commercial purpose, including, but not limited to, marketing; aggregate any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other Sites or on a secondary Site without our express written permission;deep-link to any portion of this Site (including, without limitation, the purchase path for any discount without our express written permission; act illegally or maliciously against the business interests or reputation of BaZing,StrategyCorps or its affiliates, our merchants or our services; or hyperlink to the Site from any other website without our initial and ongoing consent.
Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web Site or in any environment of networked computers is prohibited.
In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c)contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this Site. StrategyCorps may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of this Site.
StrategyCorps will use reasonable commercial efforts to keep the Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. StrategyCorps or any of its affiliates cannot promise that access to the Site will be uninterrupted or available at all times. StrategyCorps or any of its affiliates or related entities assumes no liability or responsibility for any delay, interruption, or downtime, including but not limited to a Force Majeure event defined to include fires, earthquakes, or other casualties or accidents, acts of God, severe weather conditions, strikes, riots or labor disputes, failure of the internet, war or other violence, or any law, order, proclamation, regulation, ordinance, demand, or requirement of any governmental agency, non-performance of hardware, software, and other equipment. StrategyCorps retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.
3.BAZING FEEDBACK POLICY. We encourage you to add a comment about the benefits of the Site and your personal experiences. You may not submit any unlawful, threatening, libelous, defamatory,obscene, pornographic or other material that would violate the law.Please note that BaZing makes reasonable efforts to review all comments prior to posting and BaZing may edit comments for clarity or to keep out questionable or off-topic material. All comments should be relevant and remain respectful. By submitting your comment(s), you hereby give BaZing the right, but not the obligation, to post, edit, exhibit, re-use, publish, reproduce,use, license, print, distribute or otherwise use your comment(s) and accompanying personal identifying information via all forms of media now known or hereafter devised, worldwide, in perpetuity.
Questions or inquiries regarding the Site should be addressed to:
4.SOCIAL MEDIA GUIDELINES. The BaZing Facebook and Twitter pages are monitored by BaZing employees, who will review all comments, posts and tweets. Users are asked to refrain from posting anything that is offensive, includes spam or promotes illegal activity. Posts on the BaZing Facebook page that do not comply with our guidelines of acceptable content will be removed as soon as possible.
Users should never post specific bank account information or any other personal information. BaZing will also never ask customers to provide this type of information via Facebook or Twitter.
For customer service inquiries posted by customers on social media,managers of the BaZing Facebook and Twitter page will respond as soon as possible with information that does not involve any personal customer information. All other inquiries will be directed to contact BaZing Customer Service directly at 1-855-UBAZING (1-855-822-9464) orCustomer.Service@BaZing.com.
TheBaZing Facebook page and Twitter page is presented by BaZing. Both Facebook.com and Twitter.com are owned by third parties unaffiliated with BaZing. BaZing is not responsible for the privacy or security policies of these sites or other third party sites associated with Facebook or Twitter. For more information, please review Facebook's Terms of Service at https://www.facebook.com/legal/terms and Twitter's Terms of Service at https://twitter.com/tos.
You agree to the following privacy related matters and policies of the Site:
Security of Stored Information
Security is important to us, and we take it very seriously. We have implemented industry standard electronic safeguards and encryption to protect your information.
To register at the Site you must submit your name, address, phonenumber, and email address. You will be sent an email and text message with a temporary password for your personal access to the Site. You will be required to change your password upon the first login to the site.
Protection of Communications
We use Secure Socket Layer ("SSL") connections with 128-bit encryption for transactions and communications between you and the Site. Before you register or before you login, our server checks to make sure you are using an approved web browser capable of accepting secure connections. We only support browsers that use SSL 3.0 or higher. Unfortunately, no data transmitted over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit, and you do so at your own risk. Once we receive your transmission, we work diligently to ensure its security on our systems.
Internal Use of Information
We use data collected through the Site in order to provide the services and to improve the services of BaZing. We give access to individually identifiable information about our users only to our employees who require such information to fulfill customer service requests.
Disclosure to Third Parties
We will not give third parties individually identifiable information about users of the Site unless we have the express permission of the member or are required to disclose it in order to provide the services. Notwithstanding anything herein to the contrary, we may disclose personally identifiable information if we are required to do so by law or we in good faith believe that such action is necessary to (a) comply with the law or with legal process; (b) protect and defend our rights and property;(c) protect against misuse or unauthorized use of BaZing.com;or (d) protect the personal safety or property of our users or the public. Please note that we may not provide you with notice prior to disclosure in such cases.
We use "session" cookies when you log into your account only to identify the organization that has provided you access to the Site (each, a "Sponsor"). We use longer-lasting cookies if you enter the Site at a later date without entering through your Sponsor. Use of any other short-term cookies on the Site is in no way linked to a user's personally identifiable information. In addition, these short-term cookies expire and no longer have any effect once the user shuts down the browser.
You may cancel your membership with StrategyCorps Association and the use of Site by contacting your Sponsor. You may cancel your registration for the Site by sending a request via mail to BaZing, PO Box 1167, Brentwood, TN 37024-1167. Within 120 days of receiving a notice of cancellation, we will destroy all personally identifiable data you have provided, except for your first and last name, your unique identification number, and the dates on which you registered and cancelled your registration in order to demonstrate that you were once a member. This data will only be available to authorized employees (and to your financial institution) in the event of a dispute.
Notification of Changes
7.TERMS OF DISCOUNTS. Discounts received on the Site by you as a member of BaZing/StrategyCorps, are purchase discounts that you receive from participating merchants through our service. The discounts are redeemable for certain goods, services or experiences offered by, or facilitated through, the merchant identified on the Site and/or on the discount coupon (if required). The merchant is solely responsible for redeeming the discount.
If the participating merchant refuses to honor the discount,BaZing/StrategyCorps may, in its sole discretion, refund the approximate value of the discount, as determined by BaZing/StrategyCorps. Refunds may take up to thirty (30) days to process.
The following terms apply to all participating merchant discounts on the Site (the "Discounts", unless stated otherwise by BaZing/StrategyCorps or otherwise required by applicable law:
Unauthorized use, reproduction, resale, modification, or trade of a Discount is prohibited.
Taxes and gratuities are typically not included in the value of the Discount and, if applicable, may be charged to you separately by the merchant when you redeem the Discount.
If applicable, shipping and handling fees are not included in the value of the Discount and may be charged to you separately by the merchant when you redeem the Discount.
The value of the Discount may not be combined with any other voucher, coupon, or promotion.
The Discount coupon may have an expiration date, and if so, the value of the Discount may not be honored by the merchant if presented beyond that expiration date.
Your Discounts may only be used at the specific merchant at the address shown on the Site and/or named on the face of the Discount coupon and is redeemable only toward the goods or services listed on the Discount coupon or the offer shown on the Site.
Use of a merchant Discount for certain services and goods - such as alcoholic beverages - is subject to applicable state and local laws.
Some merchant Discounts are for one-time or other limited frequency of use only and these Discounts may not be reloadable.
Merchant Discounts are not redeemable for cash unless required by law.
The merchant is the issuer of the Discount and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part,whether related to the use or redemption of the Discount or not. You waive and release StrategyCorps and its subsidiaries, affiliates,partners, officers, directors, employees and agents from any liabilities arising from or related to any act or omission of a merchant in connection with your use of a Discount or the services/goods it provides in connection with it.
8.LINKS. This Site contains links to other web sites, which are provided solely as a convenience to you and not as an endorsement by StrategyCorps its third party providers or distributors of the contents of such other web sites. Neither StrategyCorps or any third party provider or distributor shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
9.EXCLUSION OF WARRANTY. StrategyCorps AND ITS AFFILIATES,AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS"BASIS. MEMBER HEADQUARTERS AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS,CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER StrategyCorps NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM BAZING OR StrategyCorps OR ITS AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OUR SITE WILL BE ERROR-FREE,SECURE OR UNINTERRUPTED SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
10.LIMITATION OF LIABILITY. StrategyCorps AND ITS AFFILIATES ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT,IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL StrategyCorps OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY,PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOSTSAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I)ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING OR PURCHASES), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY MEMBER HEADQUARTERS OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS,INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If,notwithstanding the foregoing, StrategyCorps or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this Site or its content, the liability of StrategyCorps and the third party providers and distributors shall in no event exceed, in the aggregate,the sum of US$100.00. In its sole discretion, in addition to any other rights or remedies available to StrategyCorps and without any liability whatsoever, StrategyCorps at any time and without notice may terminate or restrict your access to any component of this Site. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
11.INDEMNIFICATION. You shall defend and indemnify StrategyCorps and any third party providers and distributors and their officers,directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Site.
12.AGE AND RESPONSIBILITY. If you use this Site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site.You understand that you are financially responsible for all uses of this Site by you and those using your login information.
13.REVIEW OF TRANSMISSIONS. StrategyCorps may, from time to time monitor and review any information transmitted or received through this Site and reserves the right to censor, edit,remove or prohibit the transmission or receipt of any information that StrategyCorps deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this Site constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this Site, you grant StrategyCorps and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licenseable right to use, reproduce, modify, adapt, publish,translate, create derivative works from, distribute and display such content in any form, media or technology. StrategyCorps takes no responsibility and assumes no liability for any content posted or submitted by you.
14.RELATIONSHIP. The relationship between StrategyCorps and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries,employees or agents of the other.
15.GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the state of Tennessee, United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Davidson county, the state of Tennessee, United States of America, in all questions and controversies arising out of your use of this Site and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this Site must be brought within two (2) years from the date on which such claim or action arose or accrued.
19.ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations here under.
20.MODIFICATION. StrategyCorps may at any time modify these terms and conditions and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use. You agree to review these terms and conditions from time to time and agree that any subsequent use by you of this Site following changes to these terms and conditions shall constitute you acceptance of all such changes.
21.ADDITIONAL TERMS. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Site, and you agree to abide by such other terms and conditions.
22.SEVERABILITY. These terms and conditions shall be deemed severable.In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.