Terms of Service
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you") and Marin Buzz ("Company," "we," "us," or "our"), governing your access to and use of the websites located at app.marinbuzz.com and marinbuzz.com, and all related services, applications, and communications (collectively, the "Services").
By accessing or using our Services, subscribing to our newsletter, joining our SMS list, or purchasing event tickets, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms, do not use our Services.
2. Description of Services
Marin Buzz provides the following services through app.marinbuzz.com:
- Newsletter: A free email newsletter covering local Marin County news, events, and culture, delivered via Beehiiv.
- Marin Buzz Insider Texts: An opt-in text messaging service delivering early access to event ticket sales, event invitations, and promotional offers.
- Event Ticket Sales: Purchase of tickets to Marin Buzz-affiliated or partner events, processed through Stripe Checkout.
We reserve the right to modify, suspend, or discontinue any Service (or any portion thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of Services.
3. Eligibility
You must be at least 18 years of age to use our Services, purchase tickets, or sign up for our SMS list. By using our Services, you represent and warrant that you are 18 or older and have the legal capacity to enter into a binding contract. If you are under 18, you may not use our Services.
You represent that you are not on any government list of prohibited or restricted parties and that your use of the Services will not violate any applicable law or regulation.
4. Account Registration
Some features of our Services may require you to provide your name, email address, or phone number. You agree to provide accurate, current, and complete information. You are responsible for maintaining the accuracy of such information and for any activity conducted using your information.
We do not currently offer user accounts with passwords. Your email address or phone number serves as your identifier for our communications.
5. Newsletter & Email Communications
By subscribing to the Marin Buzz newsletter, you agree to receive periodic email communications including news updates, event announcements, and promotional content. You may unsubscribe at any time by clicking the "Unsubscribe" link in any email or by emailing privacy@marinbuzz.com.
We use Beehiiv to manage our email list. By subscribing, you also agree to Beehiiv's Terms of Use.
6. SMS / Text Message Communications
6.1 Consent
By providing your mobile phone number and checking the consent checkbox on our /insider-texts page or the ticket purchase page, you are providing your prior express written consent under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. ยง 227, for Marin Buzz to send you recurring marketing text messages to the phone number you provided.
6.2 Message Content & Frequency
Messages may include: event ticket early access notifications, event invitations, and promotional offers. Message and data rates may apply. Approximately 1–4 messages per week.
6.3 Opting Out
You may opt out at any time by replying STOP to any text message. After opting out, you will receive a single confirmation message and will receive no further marketing texts. Reply HELP for help. You may also contact us at privacy@marinbuzz.com.
6.4 Not a Condition of Purchase
Consent to receive marketing text messages is not a condition of purchasing any product or service from Marin Buzz. You may purchase event tickets without consenting to SMS marketing.
7. Event Ticket Purchases
7.1 Purchases
When you purchase event tickets through app.marinbuzz.com, you agree to pay the listed price plus any applicable fees. All purchases are processed by Stripe, Inc. By making a purchase, you also agree to Stripe's Consumer Terms.
7.2 Ticket Delivery
Tickets will be delivered to the email address provided at checkout. If you do not receive your ticket within 24 hours of purchase, contact us at tickets@marinbuzz.com.
7.3 Event Changes
Marin Buzz is not responsible for changes to event dates, venues, lineups, or cancellations made by event organizers or third-party promoters. In the event of a cancellation by the event organizer, we will endeavor to provide notice and facilitate refunds where possible, subject to the organizer's policies.
7.4 Resale Prohibition
Tickets purchased through our Services are for personal use only and may not be resold, transferred for commercial gain, or listed on secondary market platforms without our prior written consent. We reserve the right to cancel tickets purchased in violation of this policy.
8. Refund Policy
All ticket sales are final unless the event is cancelled by the organizer with no rescheduled date. No refunds will be issued for:
- Change of mind or inability to attend
- Event rescheduling to a different date or venue
- Change in event lineup or programming
If an event is cancelled without rescheduling, refunds will be issued to the original payment method within 10 business days. Stripe service fees may be non-refundable per Stripe's policies.
To request a refund for a cancelled event, email tickets@marinbuzz.com with your order confirmation number.
9. User Conduct
You agree not to use our Services to:
- Submit false, inaccurate, or misleading information
- Attempt to gain unauthorized access to our systems or databases
- Use automated scripts, bots, or scrapers to access our Services
- Submit multiple accounts or signups using false identities
- Harvest or collect email addresses or phone numbers from our Services
- Interfere with or disrupt the integrity or performance of our Services
- Attempt to reverse engineer, decompile, or disassemble any portion of our Services
- Violate any applicable local, state, national, or international law
We reserve the right to terminate your access to our Services immediately, without notice, if we believe you have violated these Terms.
10. Intellectual Property
All content on our Services, including but not limited to articles, photographs, graphics, logos, newsletter content, and the Marin Buzz name and brand, is owned by or licensed to Marin Buzz and is protected by United States and international copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, or transmit any of our content without our prior written consent. You may share links to our content on social media for personal, non-commercial purposes.
11. Disclaimers of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MARIN BUZZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that: (a) the Services will be uninterrupted, timely, secure, or error-free; (b) any information obtained through the Services will be accurate or reliable; (c) any defects in the Services will be corrected.
Event information, dates, and details published on our Services are provided for informational purposes only. We do not guarantee the accuracy of third-party event listings.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARIN BUZZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL
- COST OF SUBSTITUTE SERVICES
- ANY DAMAGES ARISING FROM YOUR INABILITY TO ATTEND AN EVENT
REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO MARIN BUZZ IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
13. Indemnification
You agree to indemnify, defend, and hold harmless Marin Buzz and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of and access to the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual property rights; or (d) your submission of false or fraudulent information.
14. Privacy
Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the practices described in our Privacy Policy.
15. Modifications to Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Effective Date" above and, where appropriate, notify subscribers via email. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance. If you do not agree to the revised Terms, you must stop using the Services.
16. Governing Law & Venue
Except as otherwise required by the arbitration agreement in Section 17, these Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Subject to the arbitration agreement, you and Marin Buzz agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Marin County, California for resolution of any dispute not subject to arbitration.
17. BINDING ARBITRATION AGREEMENT & CLASS ACTION WAIVER
17.1 Agreement to Arbitrate
You and Marin Buzz agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or the Services (collectively, "Disputes"), including but not limited to claims under the TCPA, CCPA, CPRA, CIPA, or any other federal or state law, shall be resolved exclusively through binding individual arbitration, rather than in court, except as described in Section 17.4 below.
17.2 Arbitration Rules
Arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures (for claims under $250,000) or Comprehensive Arbitration Rules (for claims $250,000 or more), available at jamsadr.com. The arbitration will be conducted in Marin County, California, or, at your election, by video/phone or based on written submissions.
The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this agreement is void or voidable.
17.3 Arbitration Fees
If you initiate arbitration, you will pay the JAMS consumer filing fee. Marin Buzz will pay all other JAMS arbitration fees. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, the arbitrator may allocate fees in accordance with JAMS rules.
17.4 Exceptions to Arbitration
The following disputes are not subject to arbitration:
- Claims that can be brought in small claims court (if your claim qualifies)
- Applications for temporary restraining orders or preliminary injunctive relief to prevent imminent harm to intellectual property or confidential information
- Claims brought by Marin Buzz to collect amounts owed for Services
17.5 CLASS ACTION WAIVER
YOU AND MARIN BUZZ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING.
The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this class action waiver is found unenforceable, then the entire arbitration agreement in this Section 17 shall be null and void.
17.6 Jury Trial Waiver
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MARIN BUZZ WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTE SUBJECT TO ARBITRATION UNDER THESE TERMS.
17.7 Right to Opt Out of Arbitration
You have the right to opt out of this Binding Arbitration Agreement and Class Action Waiver by sending written notice to Marin Buzz within 30 days of the date you first agree to these Terms. Your opt-out notice must be sent to:
Email: legal@marinbuzz.com
Subject: "Arbitration Opt-Out"
Include: Your full name, email address, and phone number (if applicable)
If you opt out, all other provisions of these Terms remain in effect. You and Marin Buzz agree that the state and federal courts in Marin County, California will have exclusive jurisdiction over any Disputes not subject to arbitration.
17.8 Severability
If any portion of this Section 17 is found to be unenforceable (other than the Class Action Waiver), the unenforceable portion shall be severed and the remaining arbitration provisions shall continue in full force and effect.
18. Miscellaneous
18.1 Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices published by Marin Buzz, constitute the entire agreement between you and Marin Buzz concerning the Services and supersede all prior agreements and understandings.
18.2 Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and all other provisions shall remain in full force and effect.
18.3 Waiver
Our failure to enforce any right or provision of these Terms shall not be considered a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Marin Buzz.
18.4 Assignment
You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations under these Terms without restriction.
18.5 Force Majeure
We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, government orders, or internet service provider failures.
18.6 Notice
Any notices to Marin Buzz must be sent by email to legal@marinbuzz.com. We may provide notice to you by email to the address you provided when signing up for our Services.
19. Contact
For questions about these Terms of Service, the arbitration agreement, or to submit an opt-out request, contact us at:
- General: hello@marinbuzz.com
- Privacy / Legal: legal@marinbuzz.com
- Tickets: tickets@marinbuzz.com