TERMS OF USE (Effective DECEMBER 20, 2018)

The web pages available at getonswtich.com and all linked pages (“Site”) and our mobile device application (“App”), are owned and operated by Buzzhaus, LLC. (“Buzzhaus” “OnSwitch”) and is accessed by you under the Terms of Use described below (“Terms”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services”. Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the site.

AGREEMENT TO TERMS

By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services.

CHANGES TO TERMS OR SERVICES

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you can’t use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

WHO MAY USE THE SERVICES

Registration may be required for the use of certain Services and portions of the Website or our in-app Feedback and Support system. If you choose to provide information to the Website, you agree to provide only true, current and complete information. If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password.

Children under the age of 13 are not eligible to use the Website and must not attempt to register with getonswitch.coim and/or submit any personal information to us. We don't knowingly collect personal information from any person who is under the age of 13 or allow them to register. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information as quickly as possible. If you have reason to believe that this has occurred, please contact us at support@getonswitch.com and we will delete all relevant information.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your getonswitch account.

This website is not intended for persons under 13 years of age. We do not knowingly solicit or collect personal information from or about children, and we do not knowingly market our products or services to children. You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.

DISCLAIMER

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

MEDICAL DISCLAIMER

While the information published on this site and application is believed to be accurate, it has been published solely for the purpose to provide general information and is not intended as a substitute for professional medical advice. If you have questions or concerns regarding your child’s health, please seek assistance from a qualified healthcare provider.

You acknowledge and agree that no medical advice, medical service, medical information or other medical engagement is provided through the Application or otherwise by Buzzhaus, LLC or by anyone on its behalf, and that you are installing and (if applicable) using the Application at your own risk, without any reliance, assumption, expectation, or intent whatsoever that the Application and/or Buzzhaus, LLCshall provide you any medical advice, medical service, medical information or other medical engagement. The Application is supplied and distributed by Buzzhaus, LLC solely for enjoyable use and shall not and cannot be used for any other purposes, including without limitation, for any medical purposes whatsoever, or any other purpose or usage where accuracy or reliability is required. You are hereby urged and expressly asked to consult your health care provider for any health concerns.

FEEDBACK

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us support@getonswitch.com .You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

PRIVACY POLICY

Please refer to our Privacy Policy section below for information on how we collect, use and disclose information from our users.

CONTENT AND CONTENT RIGHTS

For purposes of these Terms, “Content” means text, graphics, images, sounds, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.

CONTENT OWNERSHIP

This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. Subject to your compliance with these Terms, Buzzhaus grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

SUBSCRIPTION CHARGES

Subscriptions will continue until terminated. Unless the subscription is cancelled at least 24 hours before the renewal date, the following period’s fees and charges will be charged to your nominated Payment Method.

The subscription fees and charges will be billed on a monthly, quarterly or yearly basis depending on the subscription you have selected, to your Payment Method on the commencement day of your first paid subscription.

Buzzhaus reserves the right to vary the fees charged for our subscription based Products from time to time. If fees are varied through the exercise of this right, then Buzzhaus will inform you of any such variation and provide you with one month’s notice of any such change.

If you do not agree to this variation, you may cancel your subscription within 14 days of the changes coming into effect; you agree that this will be your only remedy with regards to a variation of our subscription charges. If you do not chose to cancel your subscription within 14 days of the change coming into effect, you will be deemed to have accepted the variation.

Upon your subscription to the Product, you agree to subscription fees and all other charges relating to the subscription being billed automatically to the nominated Payment Method provided by you during the Order process.

You must notify the App Store of any change to your Payment Method. If you do not notify the App Store of any such change, then Buzzhaus will assume that the details of your Payment Method remain correct and will continue to bill any fees or charges relating to your subscription to your nominated Payment Method.

If any subscription fees or charges billed to your account, are not processed for any reason, then Buzzhaus will have the right to suspend your subscription until all fees and charges have been paid in full.

You agree to pay all costs, including legal fees on a full indemnity basis, which are incurred by Buzzhaus in collecting any unpaid subscription fees or charges from the Customer.

Subscription fees will apply regardless of whether or not you use your subscription.

Subscriptions will rollover to full-priced membership at the end of all promotional trials, discounts, offers or coupons unless the subscription is cancelled at least 24 hours before the end of the promotional period. The following period’s fees and charges will be charged to your nominated payment method. Subscriptions will continue until terminated. Buzzhaus shall be under no obligation to refund any subscription fee under any circumstances.

PROHIBITIONS

You agree not to do any of the following:

  • Use, display, mirror or frame the Services, or any individual element within the Services, OnSwitch’s name, any OnSwitch’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Buzzhaus express written consent;

  • Access, tamper with, or use non-public areas of the Services, OnSwitch’s computer systems, or the technical delivery systems of OnSwitch’s providers;

  • Attempt to probe, scan, or test the vulnerability of any OnSwitch’s system or network or breach any security or authentication measures;

  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by OnSwitch or any of OnSwitch’s providers or any other third party (including another user) to protect the Services;

  • Attempt to access or search the Services or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like);

  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

  • Use any meta tags or other hidden text or metadata utilizing a OnSwitch’s trademark, logo URL or product name without Buzzhaus’s express written consent;

  • Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source- identifying information;

  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

  • Impersonate or misrepresent your affiliation with any person or entity;

  • Violate any applicable law or regulation; or

  • Encourage or enable any other individual to do any of the foregoing. Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms or our Acceptable Use Policy. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

LINKS TO THIRD PARTY WEBSITES OR RESOURCES

The Website may contain hyperlinks to other websites ("Other Sites"). If you use the hyperlinks to access these Other Sites, your browser will be re-directed to the Other Sites which may have their own terms of use and privacy policy. Buzzhaus is not responsible for, the content, information, services, products or advertisements presented by any Other Site which you use at your own risk. The hyperlinks to Other Sites do not constitute an endorsement by Buzzhaus of any Other Site(s) or resources, or their content, information, services or products. The Website is only providing these links to you as a convenience. Buzzhaus accepts no responsibility for the content or conduct of Other Sites.

TERMINATION

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

INDEMNITY

You will indemnify and hold harmless Buzzhaus and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.

LIMITATIONS OF DAMAGES

IN NO EVENT SHALL BUZZHAUS OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF BUZZHAUS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES