Terms and Conditions

Terms and Conditions for Advertising, Marketing, Branding

  1. Scope / Parties. These Terms and Conditions for Advertising (”  Ts&Cs  “)1. are incorporated with and include all terms contained in the order page(s) / insertions order(s), whether printed or electronic (collectively, the “ Order “) submitted by the party identified as the “ Customer ” or “ Advertiser  ” on the first page of Order(s) (the “ Advertiser ,” who is hereafter sometimes referred to herein as “you” or “your”) and accepted by BELOBU, sometimes doing business as Best Local Businesses, its agents and/or affiliates (the “Publisher ,” who is hereinafter referred to as “us”, “we” and “our”). Taken together, the Order and the Ts & Cs constitute a request for us to arrange for the fulfillment of the advertising services and products (each an “ Advertising Product “) identified on the Order which, upon acceptance by us, will become a contract for the delivery of advertising services (the “ Agreement “). The Agreement may also include certain product specific addenda which, upon acceptance by us, shall be incorporated herewith. Each of our distribution or fulfillment vendors or internet search engines on which we place or through which we distribute your Advertising Product(s) (each, a “ Distribution Site “) is an intended third-party beneficiary of your obligations hereunder that relate to Advertising Products and may independently enforce each obligation directly against you.

  2. Ownership and Use of Data.

    • Performance Data. By executing the Order, you hereby acknowledge and agree that we and/or the Distribution Sites shall, subject to our respective and applicable privacy policies, may provide from time to time and hereafter referred to as our “ Privacy Policy “), be collecting detailed data (“ Performance Data “) with respect to how your Advertising Products are accessed, viewed or otherwise interacted with by the end users of the sites we control, including, without limitation, any clicks, calls, searches, views, impressions or some other items or actions (each an “ Action “). Unless otherwise expressly provided for herein with respect to certain reports of performance, or as otherwise agreed to in writing and duly executed by one of our properly authorized representatives, that we and/or the Distribution Site collecting such Performance Data shall be the exclusive owner thereof and that you shall not have any right to any part of the Performance Data.You hereby authorize the collection of such Performance Data and waive or assign to us any rights you may have had with respect thereto. You agree that we are free, subject only to compliance with our Privacy Policy, to use the Performance Data we collect for any purpose we choose, at our sole and absolute discretion and without the need to seek any additional consent or permission from you.

    • Advertiser Information. You agree that we may retain and use, subject to the terms of our Privacy Policy, all information you provide, including but not limited to demographics and contact and billing information, whether delivered pursuant to this Agreement or via web site, media player, video content, mobile content, or feed associated with your Advertising Product. You agree that, subject to compliance with our Privacy Policy, we may share non-personally-identifiable information about you and your Advertising Products, including URLs, Advertising Product-specific statistics and similar information collected by us, with advertisers, vendors, Distribution Sites, and other third parties. You agree that we may use your name, logo and/or advertising in presentations, marketing materials, customer lists, financial reports, web site listings of advertisers, search results pages, and/or complimentary trials of new advertising products or services.

  3. Initial Term / Automatic Renewal / Termination.

    • Initial Term. Following execution and submission of an Order by you (either in writing or by electronic signature, including recorded oral acceptance of this Agreement) the term of this Agreement shall commence upon acceptance by us and shall (subject to our right hereunder to terminate or suspend our performance or remove Advertising Products under circumstances specified in this Agreement) continue until we have fulfilled the Advertising Products specified in the Order for the initial term specified in the Order (the “Initial Term “). If no time period is specified in the Order, the Initial Term shall be for a period of twelve (12) months.

    • Automatic Renewal. Unless otherwise expressly provided for a particular Advertising Product in the Order accepted by us and except as provided below in these Ts&Cs or the appropriate addendum, upon expiration of any term of a particular Advertising Product, this Agreement shall automatically renew with respect to that Advertising Product for a “ Renewal Term ” for a period equal in length to the Initial Term, unless you or we notify the other of its intent not to renew at least thirty (30) days before expiration of the Initial Term. All Advertising Products provided during a Renewal Term will be subject to the then-current terms and conditions, pricing and other terms for Internet Advertising available on our Web site(s) (such then current terms and conditions superseding and replacing these Ts&Cs as part of this Agreement).

    • Termination.  Upon acceptance by us, neither party may terminate this Agreement during the Initial Term as to any Advertising Product, provided that we may terminate this Agreement in whole or in part at any time upon notice to you if you breach this Agreement or if we determine, in our sole discretion, that a particular Advertising Product does not conform to our specifications or editorial standards. Unless otherwise provided in the Order, either you or we may terminate the Renewal Term, with or without cause, upon thirty (30) days’ prior written notice to the other. If you choose to have an Advertising Product removed from any site and/or any advertising services discontinued prior to the end of the Initial Term or Renewal Term, as the case may be, you shall notify us in writing and the unpaid balance for the entire Initial Term or Renewal Term will become immediately due and owing.

  4. Rates and Payment. Unless otherwise provided in the Order, we will bill you during our first applicable billing cycle after we fulfill your order for an Advertising Product and will continue to bill you during each applicable billing cycle thereafter during the term of this Agreement. The billing cycle will be thirty (30) days unless otherwise provided in the Order or as may be modified pursuant to prior written notice. We will bill you for Advertising Products for which no rate is specified in the Order at our standard rates for such Advertising Products at the time that we provide such Advertising Products. Any rates specified in the Order will apply during the Initial Term only. Unless you or we terminate this Agreement at the end of the Initial Term, you will be invoiced for each billing cycle of any Renewal Term at our standard rates during such billing cycle for such Advertising Products. Such standard rates may be higher than the rates set forth on the Order. Payments are due on the due date specified on the invoice or, if no payment date is specified, then thirty days after the date of the invoice. We may remove, or (in the case of Advertising Products placed on Distribution Sites) cause to be removed, any or all Advertising Product(s) and suspend any or all related services hereunder if payment is not received by the due date. Your prompt payment of any costs that we incur to suspend services or remove or cause removal of Advertising Products, or to resume services or replace or cause replacement of Advertising Products, will be a condition to our resumption of services and the replacement of Advertising Product. We may charge late payment fees that will accrue at our then-current standard rates or, if lower, the maximum rate permitted under applicable law. You agree to pay any attorneys’ fees and costs that our agents or we incur in collecting any unpaid amount. You will pay any sales, use or other local, state, federal, foreign or other taxes or governmental fees arising out of or in connection with this Agreement, other than taxes based on our net income.

  5. Denial of Credit. If your application for business credit is denied, you have the right to a written statement of the specific reasons for the denial. To obtain the statement, you must contact us within 60 days from the date you are notified of our decision and we will send you a written statement of reasons for the denial within 30 days of receiving your request for the statement. Notice: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20510.

  6. Advertiser Representations. The individual executing the Order and this Agreement on your behalf represents and warrants that they have sufficient authority to enter into this Agreement on your behalf and to bind you to all the terms hereof. You represent and acknowledge that you are: (a) a business, not a consumer; and (b) entering into this Agreement to obtain the Advertising Products for the benefit of your own business and not for the benefit or on behalf of any third party, including, but not limited to, any of your shareholders, partners, owners, employees, agents or affiliates. You further represent and warrant that you have all necessary rights to provide all information provided to us or any Distribution Site in connection herewith (including all content, data, data feeds, listings, titles, URLs, descriptions and, if applicable, selected keywords utilized in connection with any kind of search related functionality) for use as described in the Order, and that all such information and all claims, statements, products and services contained or referenced therein, whether provided by you and/or in any site(s) to which your Advertising Product(s) link(s): (a) do not violate any law, statute, ordinance, treaty or regulation; (b) do not infringe any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (c) do not breach any duty toward or rights of any person or entity including rights of publicity or privacy, and have not otherwise resulted in or are not likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (d) are not false, deceptive or misleading; (e) are not defamatory, libelous, slanderous or threatening; (f) will be free of viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system data or personal information; and (g) will not contain any content of an adult or obscene nature. You will not, nor will you allow anyone working for you to: (a) engage or cause others to engage in any form of spamming or improper or malicious, as determined by us, clicking, impression or marketing activities; (b) access our networks or systems for any purpose other than for internal use to manage your accounts(s) for which such content or data directly relates; (c) interfere or attempt to interfere with the proper working of our networks or systems; and/or (d) use any data from our network or systems for external commercial purposes without our prior written permission. You warrant that you are currently and will at all times during the term of this Agreement remain in compliance with all applicable laws, statutes, ordinances, and regulations (including without limitation the CAN-SPAM Act of 2003 and any relevant data protection or privacy laws) in your performance of any acts hereunder or in connection with your Advertising Products.

  7. Performance Based Advertising Products. With respect to any Advertising Product which is performance based, which has a performance element to it and/or for which we charge a fee based upon the delivery of certain Actions, you acknowledge that our only obligation shall be that the number of Actions identified in the Order, if any, will be provided.We do not guarantee that any Action (1) will be from potential customers for you; (2) will be of any benefit or value to you; and/o3 (3) have any other aspect or characteristic not expressly agreed to in the Order. Depending on the nature and distribution of your Advertising Product(s), you acknowledge that we cannot prevent distribution to and therefore Actions may come from or be associated with sites which may be potentially offensive to you, including adult sites or sites with adult sounding URLs, and/or be the result of prohibited or improper third party purposes, including spiders, robots, autodialers and other automated or mechanical means. Where appropriate, we will send or make available periodic reports from us or relevant Distribution Sites regarding the number of Actions we deliver. You agree that such reports and the counts contained therein shall be the conclusive, definitive measurements of our performance, and that they shall determine your related obligations for all purposes of this Agreement. No other measurements or usage statistics from any source whatsoever shall be accepted by us or have any applicability to our obligations or your rights under this Agreement.If you cancel your performance based Advertising Product or disable your Web site or otherwise impair our ability to complete the Actions, we will invoice you for the remaining months of the Initial Term or retain the amount of any remaining budget as an early termination charge. We have no liability for any Actions you dispute. However, in our sole discretion, we may issue you a credit for additional Actions to be delivered.

  8. Distribution. Unless otherwise expressly specified on an Order or in a product specific addendum, you acknowledge that we make no warranties with respect to the distribution of any Advertising Product(s) and that the nature and extent of any distribution and the design, extent and/or organization of any distribution network shall be at our sole and absolute discretion. You acknowledge that we have multiple distribution networks, depending on the particular Advertising Product and /or related services or features which may be purchased in connection therewith, and the fact that a particular Distribution Site is included in one distribution network for a particular Advertising Product does not mean that it will be included in the distribution network(s) for another Advertising Product. We may discontinue or add Distribution Sites at any time in our sole discretion. You acknowledge that we cannot provide you with (1) the names of any search engines and/or search engine networks to which any Advertising Product(s) will be submitted and/or (2) the URL and IP address from which clicks or other Actions are made.We may change Distribution Sites, including search engines, from time to time in our sole discretion and without notice to you. You agree that all placements of Advertising Product(s) on Distribution Sites, including search engines, pursuant to this Agreement shall conclusively be deemed to have been approved by you. You acknowledge that the nature of the internet and/or electronic distribution means that neither we nor any Distribution Site can control where your Advertising Product(s) may be distributed outside the scope of this Agreement and you expressly assume all risk associated with such distribution. You acknowledge that neither we nor the Distribution Sites are responsible for content upon any site where your Advertising Product may appear that we do not directly control and that some sites may include content that is generated by third parties and which, therefore, may not be within the control of the site owner. Depending on the Advertising Product(s) you purchase from us, you acknowledge that it is not possible to avoid placing your advertisements on web sites which may display adult content, have adult-oriented domain names, or that are primarily intended as gambling sites and you agree that we shall in no event have any liability to you of any type or nature as a result of any such placement or any other such placement that may be offensive to you. We or any Distribution Site may refuse, remove and/or terminate Advertising Products and our services due to any content that we or a Distribution Site deem for any reason (a) may subject us, a Distribution Site or another party to liability, (b) includes obscene, profane, sexual, violent or other inappropriate content, or (c) is otherwise unacceptable in our or the Distribution Site’s sole discretion; provided that we have no obligation to review your advertisements and shall have no liability related to the content thereof. If this occurs, you will remain responsible for payment of all amounts to be invoiced for the then-current term and will not be entitled to any refund or abatement or any extension of the term of this Agreement.

  9. Intellectual Property. You assume sole responsibility for the protection of any copyrights, trademarks, service marks, trade names and other intellectual property owned wholly or partially by you or which you are authorized to use or display. If we receive notice or documentation indicating that another person or entity contests your right to use or display a name, trademark, service mark or other content, we may reject or discontinue the Advertising Products and our services without liability to you until such time you have resolved that dispute with the other party to our satisfaction. You warrant and represent that you have all necessary rights to use, publish, reproduce, distribute, display publicly, promote, perform, resize, rearrange, modify and create derivative works of any intellectual property provided by you or on your behalf for inclusion in an Advertising Product (“ Advertiser Creative “). You further acknowledge that the submission of Advertiser Creative must be properly documented in accordance with our then current practices and procedures. As to Advertising Products we create for you, whether in whole or in part, and any derivative work that we create from your content, you acknowledge that we are an author and assign to us all rights in and to any independently copyrightable contribution you might have made to the advertising; provided however that you shall retain ultimate ownership of any properly documented Advertiser Creative and that our rights shall relate to the Advertising Products as a whole and those elements which are not Advertiser Creative and not to the Advertising Creative on a stand alone basis. You further acknowledge that we retain all right, title and interest, including the copyright, in such Advertising Products, with the exception of your rights as properly documented for Advertiser Creative, and that neither you nor we intend for such advertising to constitute a joint work. You grant us a nonexclusive license, including the right to sublicense, to copy, distribute, create derivative works based upon, publicly display, publicly perform and otherwise use any trademark, service mark, graphics, text or other content, including Advertiser Creative, you provide to us in connection with our performance of our obligations under this Agreement. Upon termination of this Agreement, we are not obligated to return any of these works to you.

  10. Design of Sites, Statistics and Interruption of Our Services. We and the Distribution Sites may redesign or modify the organization, structure, operation, methodology and/or “look-and-feel” of our respective Web sites, Advertising Products, networks and/or published set of headings and directories at any time and without notice. Unless otherwise expressly provided in the Order, you acknowledge that: (i) we make absolutely no warranty or commitment regarding the particular characteristics of any particular website in our distribution network, whether controlled by us or by a Distribution Site; and (ii) the characteristics of any website may change at the sole discretion of the person controlling that website and without prior notice to you or us. Although some sites controlled by us or a Distribution Site may assign certain Advertising Products things like internally generated point values and/or seniority dates, such assignments are internal to those sites and/or to our relationship with that Distribution Site and do not confer any rights to you. You expressly disclaim any claim you might have to be a third party beneficiary of any relationship we may have with any Distribution Site. We or any Distribution Site may position your advertisement on any page within the appropriate sites, in any position upon such page, in any sequence and in association with any classified heading or keyword(s) we or any Distribution Site deems appropriate unless otherwise specifically noted in the Order. Unless expressly provided on the Order, neither any Distribution Site nor we make any representation or warranty with respect to traffic or usage statistics regarding Actions on our site or on any Distribution Site or the levels of Actions, cost per Action, or click-through or similar rates per Action or the quality or conversion rate for any advertisement. Neither any Distribution Site nor we will have any liability to you and you will remain responsible for all moneys owed to us should there be an interruption in our Web site or any third party site or other interruption in our services hereunder for any period of time, although we may, in our sole discretion, issue credits or extend the term of this Agreement in the event of interruptions lasting several days or longer.

  11. Disclaimer of Warranties and/or Guarantees: Belobu Branding Program Is Guaranteed To Generate Results For Your Business or we will offer you our Money Back Guarantee or Free Membership. If our small business branding program does not generate favorable results for your business within the first twelve consecutive months of your membership we will either refund your membership fee* or offer you our one-of-a-kind branding program free of charge for another twelve months**, depending on your membership package. If you’re not 100% SATISFIED with our program after twelve consecutive months of membership just notify us by mail within 30 days from the date of expiration of your membership and we will refund your money* or offer you our program free of charge** for another year*, depending on your membership package. Register within the next 24 hours we will double our money back guarantee or double our free one year offer*** if you find the same exact program for less than our fees within the first 90 days of your membership.. Eligibility Terms and Conditions of our Guarantee: Simply follow our small business marketing system. Post/submit the requested logos, photos, videos, press releases and other files within 5 business days. Obtain at least ten positive reviews and ten positive ratings within the first 100 days by following our promotional system Post at least 2 promos a day on your Facebook and Twitter pages from day one of your registration. If you don™t have your own Facebook and Twitter pages, post them on the BELOBU Facebook and Twitter pages. Insert your BELOBU membership logo with your BELOBU url into your website™s homepage the day you register. If you don™t have a website obtain one thru Discounted Online Services or thru another website company within the first three months of your membership Keep your BELOBU membership site current. (*)With annual membership fee , (**)With monthly membership fee,(***)Money back with annual membership fee, free year offer with monthly membership fee for the same program. This guarantee is void if the Guarantee Form is not submitted by the member within 30 days from the date of expiration of membership terms
    EXCEPT AS EXPRESSLY PROVIDED ABOVE , NEITHER WE NOR ANY DISTRIBUTION SITE MAKES, AND WE HEREBY EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU OF ANY KIND, EITHER EXPRESSED OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OR OTHER WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE), REGARDING THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF THE ADVERTISEMENTS OR ADVERTISING PRODUCTS, LINKED SITES, ANY SITE WE MAY CREATE FOR YOU, OR OTHERWISE UNDER OR RELATED TO THIS AGREEMENT. AS A CONDITION OF OUR WILLINGNESS TO ENTER INTO THIS AGREEMENT, YOU AGREE THAT YOU HAVE NOT RELIED UPON ANY SUCH WARRANTY AND ASSUME ALL RISKS CONCERNING THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF THE ADVERTISING PRODUCTS.

  12. Assignment. You may not resell, assign, transfer or delegate any of your rights, duties or obligations without our prior written consent, which we may grant or withhold in the exercise of our absolute and sole discretion; in the event we give such consent, the assignee must, without any reservation, assume all of your rights, duties and obligations.Any attempt to resell, assign, transfer or delegate such rights, duties or obligations without our prior written consent shall constitute a breach of this Agreement and shall be of no force or effect. We shall have the right to subcontract performance of our obligations hereunder or to assign or otherwise transfer this Agreement or any of our rights, obligations or duties hereunder to any person or entity at any time.

  13. Notices. All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or email address specified on the Order for the recipient of such notice. All of your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our address as shown on our Web site.

  14. LIMITATION OF LIABILITY. NEITHER WE NOR ANY OF OUR AFFILIATES NOR ANY DISTRIBUTION SITE OR OTHER VENDORS SHALL HAVE ANY LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE ADVERTISING PRODUCTS FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOSS OF PROFIT, LOSS OF INCOME OR REVENUE, LOSS OF GOODWILL, THE REJECTION OR REMOVAL OF ANY ADVERTISING CONTENT, ANY DELAY OR ERROR IN DISPLAYING OR OUR FAILURE TO DISPLAY CONTENT, OR OUR FAILURE TO PERFORM SERVICES. WITHOUT LIMITING THE PROVISIONS OF SECTION 14, IN NO EVENT SHALL OUR LIABILITY FOR MONETARY DAMAGES EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US FOR THE ADVERTISING PRODUCTS OR OTHER SERVICES WITH RESPECT TO WHICH SUCH LIABILITY AROSE. You acknowledge and agree that the provisions of this Agreement that limit liability, disclaim warranties, or exclude consequential damages or other damages or remedies are essential terms of this Agreement and are fundamental to the parties’ understanding regarding allocation of risk. Accordingly, such provisions shall be severable and independent of any other provisions of this Agreement and shall be enforced regardless of any breach hereof or other occurrence or condition relating in any way to this Agreement or the Advertising Products. Without limiting the generality of the foregoing, YOU AGREE THAT ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND EXCLUSIONS OF CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OR REMEDIES SHALL REMAIN FULLY VALID, EFFECTIVE AND ENFORCEABLE IN ACCORDANCE WITH THEIR RESPECTIVE TERMS, EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. The limitations contained in this Section 13 apply regardless of the form of action, including actions in contract, tort (including negligence), and strict liability.

  15. Exclusive Remedies. If we breach our obligation hereunder to fulfill any Advertising Product or breach any other obligation hereunder, we will make commercially reasonable efforts to fulfill such Advertising Product at a later date on the same or substitute site or internet search engine, provide reasonably comparable makegoods and/or otherwise reasonably to cure such breach. THE FOREGOING CONSTITUTES OUR SOLE OBLIGATION AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH BY US OF THIS AGREEMENT (EITHER DIRECTLY OR THROUGH A FAILURE OF PERFORMANCE BY ANY DISTRIBUTION SITE).

  16. Force Majeure. In no event shall we or any Distribution Site have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure.

  17. Indemnification. You agree to indemnify us, our affiliates and the Distribution Sites and hold us, our affiliates and the Distribution Sites harmless from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys’ fees) that may at any time be incurred by us or them arising out of or in connection with this Agreement or any Advertising Products or services you request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features

  18. Telephone Conversations, E-mail All telephone conversations between you and us about your advertising may be recorded and you hereby consent to such monitoring and recordation. By executing this Agreement, you also grant us your consent to contact you electronically concerning your account or concerning additional products or services at any e-mail address you supply or which we obtain from third party sources. You agree to notify us promptly if there is any change to the telephone number or e-mail address at which you would prefer to be contacted.

  19. Limited Inventory. You acknowledge that, to the extent that any Product(s) specified in the Order are considered by us to be “limited inventory” items (ex: items of which only a limited number are published per category, per local service area), your ability to purchase any such Product(s) shall be entirely contingent upon the availability of the subject advertising space. You further acknowledge that we generally do not have the ability to ensure the availability of any particular limited inventory item and that if we determine that any limited inventory Product(s) you requested is/are no longer available to you, you hereby authorize us, in our sole discretion, to downgrade that portion of your Order to any available Product(s) which we determine to be comparable to the Product(s) you request, with a corresponding adjustment to your subsequent payment obligations.

  20. ACH (Automated Clearing House) Authorization You authorize us to initiate debits in the amount of your monthly bills under this contract as electronic funds transfers (EFT’s) or draft drawn from the financial institution account identified by you with this contract. You understand your automatic payment will be deducted on the due date of each bill. This authorization will remain in full force and effect until we have received notification in writing in such time and in such manner as to afford us and your financial institution a reasonable opportunity to act on it. However, cancellation of your automatic payment method shall not relieve you of any payment obligations under this contract. You release us and our payment processors from any and all claims arising from the use of this Direct Payment service.If your payment is returned unpaid, you authorize the collection of the payment and your state’s return item fee by EFT’s or draft’s drawn on your account. Your state’s returned item fee is set forth below. If this payment is from a corporate account, you make these authorizations as an authorized representative and agree that the entity will be bound by the NACHA Operating Rules. ( States: Delaware, Mississippi, South Dakota – Fee: $40.00; States: Maryland, Nebraska, Virginia – Fee: $35.00; States: Alaska, Alabama, Georgia, Hawaii, Iowa, Kansas, Minnesota, Montana, North Dakota, New Jersey, New Mexico, Ohio, Pennsylvania, South Carolina, Texas, Washington, Wyoming – Fee: $30.00; States: Arkansas, Arizona, California, District of Colombia, Florida, Illinois, Kentucky, Louisiana, Massachusetts, Maine, Michigan, Missouri, North Carolina, New Hampshire, Nevada, Oklahoma, Oregon, Rhode Island, Vermont, Wisconsin, West Virginia – Fee: $25.00; States: Colorado, Connecticut, Idaho, Indiana, Arizona, Tennessee, Utah – Fee: $20.00).

  21. Online Feedback/User Reviews You acknowledge that the BELOBU website, related websites and/or one or more Distribution Sites make available to the public information provided and created by users by means of user review postings, ratings and/or similar mechanism (hereafter “ User Reviews “). The views and opinions expressed in such User Reviews, along with any information provided therein, are the sole and exclusive responsibility of the person or people who made such postings. Unless indicated and/or necessary for certain circumstances and or situations, we do not monitor, nor do we control, the content of the User Reviews and we have no way of determining when User Reviews may include technical inaccuracies or typographical errors. On behalf of ourselves, BELOBU, any related sites and any Distribution Sites, we hereby expressly disclaim any responsibility or liability associated with the views and/or content contained in the User Reviews. USER REVIEW OPT OUT RIGHTS: BELOBU, along with many of the related sites and Distribution Sites offer some form of “opt out” with respect to the User Reviews. It is solely and exclusively your responsibility to take advantage of such “opts outs.” %b By not opting-out of any of the User Reviews, you agree to hold us, our related sites and any Distribution Sites, harmless for all associated User Reviews, including the content, quality, copyright compliance or legality of any User Review, or any resulting loss or damage, including but not limited to defamation, loss of business, and infringement of intellectual property rights.

  22. Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Arizona applicable to contracts entered into and performed in Arizona by residents thereof. Any action or proceeding brought by you under or relating to this Agreement shall be brought in a state or federal court located in the City of Arizona, State of Arizona, and you hereby irrevocably submit to the personal jurisdiction of and irrevocably consent to venue in such courts for purposes of any such action or proceeding. Any claim against us arising from this Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy by any other party.

  23. Entire Agreement. This Agreement constitutes the entire agreement between you and us with respect to the subject matter of this Agreement and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in this Agreement. If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Except as provided in Section 1, this Agreement may not be modified except by writing signed by you and us; provided, however, we may change these Ts&Cs from time to time, and such revised terms and conditions shall be effective with respect to any Advertising Products ordered after written notice of such revised terms to you or, if earlier, posting of such revised terms and conditions on our Web site.

    Belobu Privacy Policy
    Belobu respects your privacy, and takes the responsibility of protecting the personal and business information that you provide to Belobu via the Belobu website (the “Site”), very seriously. To that end, Belobu herein discloses its privacy practices and the possible uses of the information that it gathers via its Site. Please note that Belobu may update this Privacy Policy from time-to-time in its sole discretion. It is your responsibility to review the Privacy Policy for any changes each time that you use the Site.
    Information Collection and Use
    In order to take part in Belobu™services, obtain information from Belobu or have questions answered by Belobu, Belobu may request and/or collect personal information that may include, without limitation, your first and last name, home address, phone number, email address, and feedback on Belobu™ services (“Personal Information”).
    By entering Personal and/or Business Information on the Site, you consent to our use of the Personal and/or Business Information for purposes related to the Site and the services offered and/or provided on or in connection with the Site. Without limiting the foregoing, by giving us Personal and/or Business Information you are giving us permission to contact you and/or send you promotional and/or other marketing information about services and offerings. We do not intend to collect information from children under 18 years of age. If we discover that we have inadvertently collected information from a child under 18 years of age, we will promptly take all reasonable measures to delete that data from our systems.
    Information Sharing
    Belobu will never sell or trade your personal identifying information. Belobu may share any Personal and/or Business Information collected on this Site with its affiliated companies and third party partners that provide services on behalf of Belobu.
    Additionally, Belobu is committed to providing a neutral and honest consumer forum for our members. Core to this service is our belief in the inherent flaws of anonymous reports. When you submit reviews and/or ratings regarding members on the Site, Belobu may share certain Personal and/or Business Information (such as your name and mailing address) with the relevant service providers so that they can respond to your report appropriately.
    By entering Personal and/or Business Information on this Site and submitting reports regarding members, you consent to the disclosure of your Personal and/or Information to Belobu affiliates, third party partners selected by Belobu, and to the members about whom you have submitted reports. While Belobu will only share your Personal and/or Business Information with select third parties and those members about whom you have submitted ratings and/or reviews, Belobu makes no representation or warranty as to the security or privacy practices of third parties and service providers. For more information regarding the privacy policies of third parties and service providers, please refer to their respective websites.
    We may share aggregated demographic information with third party sponsors and advertisers. This aggregated demographic information is not linked to any personal information that can identify any individual person. In addition, we may disclose any information collected from this Site (a) if required or permitted pursuant to any applicable law, regulation, or court or administrative order; (b) in connection with any user’s violation of posted terms of use for this Site or other agreements with Belobu; (c) to protect the property of Belobu or its affiliates; or (d) to protect the personal safety of employees of Belobu or its affiliates, other users of this Site, or a member of the public. Belobu also may disclose and/or transfer Personal and/or Business Information to a purchaser or transferee of all or a portion of its assets in conjunction with the sale or transfer of such assets.
    Security
    This Site uses industry-standard security measures to protect certain Personal and/or Business Information. However, no data transmitted over or accessible through the public Internet can be guaranteed to be 100% secure. As a result, while we attempt to protect Personal and/or Business Information, Belobu cannot ensure or warrant that Personal and/or Business Information will be completely secure from misappropriation by hackers or from other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network.
    Links
    This Site may contain links to other websites. Please be aware that Belobu is not responsible for the privacy practices or policies of such other websites.
    Cookies
    Like many websites, this Site uses cookies, which allow Belobu to make your visit to the Site easier, more efficient and more valuable by providing you with a customized experience and recognizing you when you return. A cookie is a small computer file that is stored on a user’s computer and contains information that this Site uses. Personal Information that is contained in cookies will be protected to the same degree as any other Personal Information that we collect about you. While you may delete or decline cookies by changing your browser settings, some or all of the features of the Site may not function properly.
    Contact Information
    If you would like to contact us with questions or comments concerning the accuracy and/or privacy of your Personal Information, or if you believe that Belobu has not adhered to this Privacy Policy, please notify us by contacting the following:  (928) BELOBU1, privacy@belobu.com We welcome your questions ,comments, suggestions.