Terms of Service
Welcome to Muzzbizz! As of January 31, 2020, these Terms of Service, in conjunction with the Business Terms provided below, are in effect for all users, whether accessing our Service without an Account or registering Accounts on or after December 13, 2019. For users with pre-existing Accounts, these Terms will be effective from January 31, 2020. To view the previous terms,
Kindly be aware that these terms incorporate dispute resolution provisions (refer to Section 13) which primarily mandate that (1) any claims against Muzzbizz should be resolved through binding, individual arbitration with only limited exceptions, and (2) you relinquish your right to engage in any class, group, or representative action or proceeding.
Welcome to Muzzbizz! These Terms outline your usage of our products and services, spanning our websites, events, communications (emails, phone calls, texts), and mobile applications (collectively referred to as the “Service”). By utilizing our Service, you enter into a legally binding agreement with: (i) Yelp Inc., a Delaware corporation based in San Francisco, California (unless you reside in the European Economic Area [EEA] or Switzerland); or (ii) Yelp Ireland Ltd., a limited liability company operating under the laws of the Republic of Ireland (if you reside in the EEA or Switzerland). “Yelp” refers to either Yelp Inc. or Yelp Ireland Ltd., as applicable. If you do not consent to these Terms, refrain from accessing or using our Service. Click here for more details on our policies and guidelines related to the Service.
1. Definitions
Welcome to Muzzbizz, your platform for Muslim-owned businesses! When we refer to “you” or “your,” we’re speaking directly to you as a valued user of our service. A “user” encompasses anyone who accesses or engages with our platform. On the flip side, “we,” “us,” and “our” pertain to Muzzbizz and its affiliated entities.
Now, let’s talk about the heart of our platform: content. “Content” embodies text, images, photos, audio, video, and all other forms of data or communication. “Your Content” specifically denotes the material you submit or transmit through our service, including ratings, reviews, photos, videos, and more. On the other hand, “User Content” encompasses submissions from all users, while “Muzzbizz Content” comprises the material we generate and provide. Additionally, “Third Party Content” refers to material sourced from entities other than Muzzbizz or its users, made accessible through our platform. Altogether, “Service Content” encapsulates every piece of material available through our platform, spanning Your Content, User Content, Muzzbizz Content, and Third Party Content.
Let’s navigate through our site and accounts. The “Consumer Site” denotes Muzzbizz’s primary website (www.muzzbizz.com and associated domains) and mobile apps tailored for consumers. Your entry point into the consumer experience is your “Consumer Account,” which you create to engage with our Consumer Site. Conversely, if you’re a business owner, your gateway is your “Business Account,” tailored for accessing the Yelp for Business Owners website (biz.muzzbizz.com and related domains) and mobile apps. In essence, an “Account” encompasses both Consumer and Business Accounts, bridging the gap between users and businesses on our platform.
2. Changes To The Terms
At Muzzbizz, we may occasionally update our Terms to ensure clarity and relevance. You’ll always find the latest version of our Terms here, governing your use of our services. Your access to Muzzbizz is subject to the Terms in effect at the time. Should we make significant updates, we’ll inform you via email, on our platform, or through other channels before the changes take effect. The date of the last update will be prominently displayed. Regularly reviewing these Terms is important as they become binding upon you. By continuing to use Muzzbizz after any changes, you agree to the updated Terms.
3. Translation
We offer translations of these Terms into various languages for your ease of understanding. However, please note that the English version holds authority in governing your interactions with Muzzbizz. In the event of any discrepancies between translations, the English version provided here will prevail.
4. Engaging with the Service
Welcome to Muzzbizz, a platform designed for Muslim-owned businesses.
Eligibility: To utilize our services, you must have the necessary authority to agree to our terms. Access is restricted to those who are not competitors of Muzzbizz or have not been previously banned from our platform.
Permission to Use: By agreeing to our terms, you are granted permission to use our platform. However, please be aware that your usage carries inherent risks, including exposure to potentially objectionable content.
Service Availability: We may modify, update, or suspend our services at any time without prior notice.
Accounts: Creating an account is necessary to access certain features. You are responsible for safeguarding your account information and must notify us immediately of any unauthorized activity.
Consumer Accounts: Your account is for personal use only. Providing accurate information enhances your credibility as a contributor. Impersonation or creating multiple accounts is not permitted.
Communications: By using our platform, you consent to receive communications from other users and Muzzbizz. These may include promotional messages and may be sent via various channels. You can manage your communication preferences at any time.
Feel free to explore and connect with businesses on Muzzbizz!
5. Content
Responsibility for Your Content rests solely with you. Once shared on Muzzbizz, it may not be retractable. You bear all risks associated with it, including its quality, accuracy, and any personal information disclosed. By posting, you affirm ownership or necessary permissions for its use, without implying sponsorship or endorsement by Muzzbizz.
Exposure to liability may result from content that is false, intentionally misleading, defamatory, or violates any third-party rights, including intellectual property. Content must not be unlawful, harmful to minors, or advocate illegal activities.
Regarding Our Right to Use Your Content, we may utilize it in various ways, including public display, incorporation into advertisements, and creating derivative works. By posting, you grant us broad, irrevocable rights to use Your Content globally. Users of Muzzbizz and other platforms may also access and use Your Content.
Ownership of Your Content remains with you, while Muzzbizz retains ownership of its content and intellectual property rights. You are prohibited from exploiting Muzzbizz content without explicit authorization.
Advertising may be displayed alongside Your Content, without entitlement to compensation. Muzzbizz reserves the right to moderate User Content, including removal or reinstatement at our discretion, without notice.
Please note that User Content does not necessarily reflect Muzzbizz’s opinions, and we do not guarantee confidentiality or verify licenses of businesses. Content moderation may occur, with removal for violations of our guidelines. Residents of the EU can refer to our procedures compliant with the Digital Services Act.
6. Booking And Transacting
Welcome to Muzzbizz, your go-to platform for connecting with local businesses owned by Muslims. Through our service, you can easily access various features enabling you to book or transact online with these businesses. Whether it’s reserving a table at a restaurant, scheduling a spa treatment, ordering food delivery, or setting up appointments, we’ve got you covered. Please note that some of these features may be provided by our trusted third-party partners, and their usage may be subject to different terms, which will be presented to you during the booking or transaction process. It’s important to understand that the responsibility for fulfilling these bookings and transactions lies with our partners or the businesses themselves.
When it comes to payments and cancellations, you may need to provide your credit card information to confirm a booking. Any applicable fees, including cancellation or no-show fees, will be charged according to the cancellation policy of the local business. Rest assured, we at Muzzbizz facilitate these payments and charges on behalf of the transacting local business to ensure a seamless experience for you.
Additionally, we occasionally issue coupons for use with our service. These coupons are non-transferable, not redeemable for cash, and automatically expire thirty (30) days after the issue date, unless otherwise specified. In the event of account termination, any unexpired and unused coupons will be invalidated and cannot be redeemed, unless required by law. Thank you for choosing Muzzbizz for all your business needs!
7. Commitments and Assurances
At Muzzbizz, we strive to foster a supportive environment for our users, especially those within the Muslim community. While we appreciate your vigilance in reporting any violations of our terms, please understand that we reserve the right to investigate and take necessary action at our discretion.
By using our services, you affirm that you’ve familiarized yourself with our Content Guidelines and Privacy Policy. If you’re accessing our platform outside the United States, you consent to the transfer and processing of your personal data in the USA. Additionally, before participating in any listed events, please review and agree to our Event Terms and Conditions.
We trust that you will use Muzzbizz responsibly and refrain from activities such as violating our terms, posting fake or defamatory content, infringing on third-party rights, engaging in harassment or discrimination, or using the platform for commercial purposes without proper authorization. Furthermore, we prohibit actions like sending bulk emails, soliciting personal information from minors, or attempting to disrupt the integrity of our service.
We’re committed to maintaining the security and integrity of our platform. Therefore, any attempts to undermine our systems or compromise user safety will not be tolerated. Thank you for being a part of our community and respecting these guidelines.
8. Additional Policies and Terms for Muzzbizz
Copyright and Trademark Disputes: By using Muzzbizz, a platform dedicated to Muslim-owned businesses, you acknowledge and agree to abide by our Infringement Policy regarding copyright and trademark disputes related to User Content. You also consent to the possibility of us forwarding any notifications received pursuant to our Infringement Policy to the user responsible for the disputed User Content.
Additional Terms: Your utilization of our Service is contingent upon adherence to any supplementary terms, policies, regulations, or guidelines that we may publish on or link to from our platform (referred to as the ‘Additional Terms’). These Additional Terms are incorporated by reference into and constitute a part of these Terms of Service. If you operate a Business Account, the Business Terms outlined below will be applicable to you.
9. Suggestions and Improvements
By submitting any ideas, suggestions, documents, or proposals (“Feedback”) to Muzzbizz, you agree to the following terms: (i) Your Feedback does not include any confidential or proprietary information belonging to third parties. (ii) We have no confidentiality obligations regarding your Feedback. (iii) We may already be considering or developing something similar to your Feedback. (iv) We are not obligated to review, consider, or implement your Feedback, nor are we required to return any part of it to you. (v) You grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, and transferable license to use, modify, create derivative works from, publish, distribute, and sublicense your Feedback. Additionally, you irrevocably waive any claims and assertions of moral rights against Muzzbizz and its users related to your Feedback.
10. Third Party Content and Services
At Muzzbizz, our platform may feature content from third parties or provide links to other websites or applications (each referred to as a “Third Party Service”). We do not have control over or endorse any Third Party Content or Third Party Service. You acknowledge that we are not responsible for the availability, accuracy, or content of any Third Party Content or Third Party Service. Your use of and reliance on these are at your own risk.
Additionally, some services offered through Muzzbizz and Third Party Services may come with extra terms of service, privacy policies, licensing agreements, and other terms and conditions. It is your responsibility to review and understand these third party terms.
11. Indemnity
By utilizing Muzzbizz, you pledge to safeguard, defend, and absolve Muzzbizz and its affiliates, including officers, directors, employees, and agents, from any third-party claims, demands, losses, liabilities, and expenses (including legal fees) resulting from or related to your use of the platform, your breach of the terms, your representations and warranties, any purchased products or services, your own offerings, or any intellectual property infringement. Muzzbizz reserves the right, at your expense, to take over the exclusive defense and control of any such matter, with your cooperation. Settlement of any such matter requires prior written consent from Muzzbizz. Efforts will be made to inform you promptly of any claims.
12. Important Information and Liability Limitations
Please take a moment to carefully review this section as it delineates the liability of Muzzbizz entities to you. Each subsection below applies only to the maximum extent permissible under relevant laws. It’s important to note that nothing herein is designed to curtail any rights you may possess which cannot be lawfully restricted. By accessing or utilizing the service, you affirm that you have comprehended, acknowledged, and consented to these terms, inclusive of this section. It’s essential to recognize that agreeing to these terms entails relinquishing significant legal rights.
At Muzzbizz, we provide our services to you with the understanding that they are offered “as is,” “with all faults,” and “as available.” We want to be transparent about our approach: we do not monitor, control, or vet user content or third-party content. Therefore, your use of our service is at your own discretion and risk. While we strive for quality, completeness, accuracy, and reliability, including the safety and security of your data, we cannot guarantee it. Consequently, Muzzbizz is not liable for any personal injury, loss, or damage that may occur due to factors such as service inoperability, service unavailability, or reliance on business listings, ratings, or reviews found on our platform.
We also want to clarify that we make no claims or promises regarding any third party, such as businesses or advertisers featured on our platform, or the actions of our users. Therefore, Muzzbizz cannot be held liable for any personal injury, loss, or damage resulting from the actions or omissions of third parties. Your decision to purchase products or services offered by third parties through our platform is made at your own discretion and risk.
If you are dissatisfied with our service or have any grievances, your sole and exclusive remedy is to terminate or discontinue your use of Muzzbizz. Our liability to you is limited to the greater of the amount paid by you to Muzzbizz in the 12 months prior to the incident or $100, to the maximum extent permitted by law.
We want to emphasize that Muzzbizz will not be liable for any indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, including but not limited to loss of profits or revenue, business interruption, or reputational harm. These waivers and limitations will apply regardless of the form of action, whether in contract, tort, or otherwise.
13. Arbitration, Disputes, and Choice of Law
Welcome to Muzzbizz! If you’re operating a business in the United States or Canada and happen to be a resident there, our terms ensure fair resolution of any potential disputes between you and our platform, Yelp. We prioritize individual arbitration over class actions, fostering a personalized approach to conflict resolution. Certain types of claims, such as those eligible for small claims court or pertaining to intellectual property matters, are excluded from this arbitration requirement and may proceed in court. Should arbitration be necessary, it will be conducted in accordance with the rules of the American Arbitration Association, with Yelp covering associated fees unless deemed frivolous by the arbitrator. Residents of the European Economic Area (EEA) or Switzerland are governed by Irish law in any potential disputes. Should third-party legal processes involve Yelp, they must originate from or be recognized by the courts of San Francisco County, California. At Muzzbizz, we’re committed to transparent and efficient resolution processes for all our users.
14. Termination
You have the option to end the Terms whenever you choose by closing your Account, ceasing all access to or use of the Service, and notifying us of your decision. Conversely, we reserve the right to close your Account, restrict your access to certain parts of the Service, revoke any licenses or permissions granted to you, or even ban you from the Service, with or without cause, and without prior notice or liability. Such actions may restrict your access to your Account, the Service, Your Content, Service Content, or any other associated information. In the event of termination of these Terms, whether initiated by you or us, certain sections outlined in the Terms of Service will remain in effect.
15. General Terms
At Muzzbizz, we retain the authority to adjust, enhance, or discontinue our services at our discretion, without prior notice or liability, and for any reason. Unless explicitly stated otherwise, our terms do not confer rights or remedies upon any third party. These terms constitute the entire agreement between you and us, superseding any prior agreements on the subject. Both parties recognize that no reliance should be placed on any representations not expressly contained herein.
Muzzbizz failure to enforce any provision does not waive that right, nor does it constitute a waiver of further rights. Any unenforceable provision shall be modified or eliminated to maintain the Terms’ enforceability. These Terms are not transferable by you without our consent but may be assigned by us without restriction. Your use of our service does not establish a joint venture, partnership, or other special relationship with Muzzbizz. Section titles are for convenience only and hold no legal effect. Copyright © 2020 Yelp Inc., 350 Mission Street, 10th Floor, San Francisco, CA 94105, U.S.A.
Extra Conditions for Business Accounts on Muzzbizz
Welcome to Muzzbizz! These Business Terms, alongside our Terms of Service, outline the terms governing your usage of your Business Account. In case of any conflict between these Business Terms and the general Terms of Service, these Business Terms take precedence. If you’ve procured products or services from Yelp for your business, such as advertising or business tools, the terms of that transaction supersede any conflicting provisions in these Business Terms. Any capitalized terms not explicitly defined herein hold the meanings ascribed in our Terms of Service. By creating, accessing, or utilizing your Business Account, you are indicating your acceptance of these Business Terms, forming a legally binding agreement with Yelp. Access to and use of a Business Account is not permitted if you do not agree to abide by these Business Terms.
Welcome to Muzzbizz! We kindly ask you to review these business terms attentively as they stipulate the use of arbitration on an individual level for dispute resolution, prioritizing this over trials or class actions. Additionally, these terms outline the remedies available to you in case of a dispute, setting clear boundaries.
In the event of termination of these Business Terms, whether initiated by you or us, these terms shall remain fully effective and binding for the duration stated.
1. Obligations, Assurances, and Declarations
To utilize the services offered by Muzzbizz, you agree to the following terms:
- You have the authority to represent and bind any business associated with your Business Account.
- Your access to Muzzbizz is solely in your capacity as an authorized representative of your business.
- The Consumer Site is not to be used for business activities such as flagging reviews or messaging reviewers.
- Your business must comply with all relevant laws and regulations, refraining from offering or promoting illegal products or services.
- You grant Muzzbizz a limited license to display your public website on the platform.
- By providing contact information, you consent to being contacted by Muzzbizz via phone or email, with communications potentially monitored and recorded for quality assurance.
- Health score information for your business may be displayed, along with Consumer Alerts if necessary.
- Aggregate or deidentified information regarding your responses to quote requests may be shared with other businesses.
- You acknowledge that non-disparagement clauses in consumer contracts are prohibited by law and agree not to include them in your contracts.
- You pledge not to offer incentives for reviews, solicit reviews from customers, or engage in fraudulent practices to manipulate reviews.
- You agree not to misuse Yelp’s trademark or service mark, or misrepresent your identity or affiliation with Yelp.
Additionally, if you are a resident of the United States or Canada, specific Sections 2 and 3 of the terms apply to you.
2. Muzzbizz: Disclaimers And Limitations Of Liability
Please take note of this section as it delineates the liability of Muzzbizz entities to you. This clarification supplements the disclaimers and liability limitations outlined in Section 12 of the Terms. The federal Communications Decency Act (47 U.S. Code § 230) provides protection to interactive computer services, such as Muzzbizz, regarding their involvement in disseminating third-party Content, which includes consumer reviews. Furthermore, anti-SLAPP laws, such as Cal. Civ. Proc. Code § 425.16 in California, may necessitate the payment of Muzzbizz’s legal fees if attempts are made to hold Muzzbizz liable through legal actions.
3. Conflict Resolution, Arbitration, and Legal Frameworks
Welcome to Muzzbizz! For transparency, this section outlines the procedure for handling any business claims brought by you or Yelp. Unless specified otherwise, these procedures are governed by Section 13 of the Terms.
With the exception of Excluded Business Claims, any dispute arising from these Terms or your Business Account Business Site will be resolved through arbitration under the administration of the American Arbitration Association, following its Commercial Arbitration Rules. The arbitrator’s decision, including findings of fact and law, will be final and can be enforced by any court with jurisdiction. Excluded Business Claims include those related to intellectual property or violations of Section 7 of the Terms of Service (Representations and Warranties).
Arbitration will take place in San Francisco, California, with the option for remote participation. California state laws will govern the arbitration process. The prevailing party may be awarded reasonable attorneys’ fees.
For any Business Claim not subject to arbitration, including Excluded Business Claims, you consent to the jurisdiction and venue of state and federal courts in San Francisco County, California.
Both you and MuzzBizz agree to handle Business Claims individually, rather than as part of a class action. If any part of this section is deemed invalid by a court, disputes will be resolved by the courts, not arbitrators.