GENERAL TERMS OF SERVICE
This General Terms of Service (this “TOS”), as may be modified or amended periodically by BPM Marketing (as defined below), is a legally binding agreement made by and between BPM Marketing and you, personally and, if applicable, on behalf of the entity for whom you are using any of BPM Marketing’s products or services, (collectively, “you” or “your”). This TOS governs your use of all BPM Marketing products and services, including this website (“Services”) so please read it carefully. The “Effective Date” of this TOS is March 31st, 2014.
BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THIS TOS, WHICH CONTAINS WAIVER OF CLASS-ACTION RIGHTS AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE ANY SERVICE. UNLESS OTHERWISE EXPRESSLY STATED, BPM Marketing DISCLAIMS ANY AND ALL WARRANTIES WHETHER PROVIDED BY BPM Marketing, ITS AFFILIATES, OR ITS RESPECTIVE EMPLOYEES AND AGENTS.
1. About The Services and The Terms
1.1
The Services. The Services allow users to, among other things, find and compare products and services. The Services may provide paid listings, advertisements or other sponsored information. The Services may also commingle sponsored information with general, unpaid search results and may not distinguish between these two categories of information. Sponsored listings or other advertisements may also be given priority in display over unpaid listings.
1.2
Eligibility. To use the Services, you must be, and represent and warrant that you are, of legal age (18 years and over) and of legal competence to enter into a binding agreement with BPM Marketing, and are not otherwise prohibited from using or receiving the Services in accordance with this TOS. By using the Services on behalf of any third party you are representing to us that you are an authorized representative of that third party and that your use of the Services constitutes their acceptance of this TOS.
1.3
If you purchase products or services online, you are subject to our Electronic Commerce Terms
1.4
Nature of Services. BPM Marketing provides Services that are, unless otherwise expressly stated, advertising sites and services. BPM Marketing displays advertising on behalf of businesses and BPM Marketing relies upon those businesses for the accuracy, completeness and honesty of that advertising. Under no circumstances does BPM Marketing endorse and/or have any other connection with the businesses that advertise with us.
1.5
Changes to Terms. BPM Marketing may periodically modify and supplement these TOS, with or without notice to you. You are responsible for regularly checking these TOS for revisions.
2. Using the Services.
2.1
Grant of Rights. Subject to your compliance with the terms and conditions of this TOS, BPM Marketing grants you a limited, non-exclusive right to use the Services, and any content and materials made available to you in connection with your use of the Services, only for your non-commercial, informational purposes and for such other purposes (and subject to such further limitations) as may be provided in this TOS (including any additional terms applicable to a particular Service) or any instructions for use that BPM Marketing may provide from time to time.
2.2
Termination. You may stop using the Services at any time, except to the extent you agree otherwise in the use of particular Services offered on a subscription or similar basis. BPM Marketing may terminate your access to the Services in whole or in part if it reasonably believes you have breached this TOS, or any other related terms, guidelines or policies. Following termination, you will not be permitted to use the Services. If your access to the Services is terminated, BPM Marketing may exercise whatever means it deems necessary to prevent unauthorized access to the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet service provider. This TOS will survive indefinitely unless and until BPM Marketing chooses to terminate it, regardless of whether any account you open is terminated by you or BPM Marketing or whether you continue to use or continue to have the right to use the Services.
2.3
Intellectual Property Rights. Using the Services does not give you ownership of or any rights to any materials or content that may be provided to you in connection with your use of the Services, all of which is owned by BPM Marketing, its licensors, or other entities, and is protected by copyright and other intellectual property rights. Except as expressly set forth in this TOS, you may not use, display, perform, copy, reproduce, represent, adapt, create derivative works from, distribute, transmit, sublicense or otherwise circulate by any means whatsoever any materials or content made available to you in connection with your use of the Services, without express permission from the owner or BPM Marketing (as applicable). Using the Services does not give you any rights to use any trademarks, service marks, trade dress, trade names, or the like (“BPM Marketing”), used in connection with the Services, without express permission from the owner.
2.4
Prohibited Conduct. You may use the Services and any materials or content made available to you in connection with your use of the Services only as expressly permitted by this TOS and only in a manner that does not interfere with BPM Marketing’s right or ability to provide the Services or any third party’s right or ability to use or enjoy the Services. Without limitation, you may not: (i) infringe, violate, or transgress any right of any party; (ii) attempt to be BPM Marketing, disrupt or interfere with the security, provision or use of the Services; (iii) impersonate another person or entity, misrepresent your affiliation with a person or entity (including BPM Marketing), or use a false identity; (iv) attempt to obtain unauthorized access to the Services; (v) engage, directly or indirectly, in any type of unsolicited communication; (vi) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Services; (vii) submit false or misleading information to BPM Marketing; (viii) violate any law, rule, or regulation; (ix) use any BPM Marketing Marks or other portion of the Services (including in connection with meta tags or other “hidden text”) in advertising, promotions, or for other commercial purposes; (x) use the BPM Marketing.com or The Marketing.co domain name or any domain name that is confusingly similar to this or another BPM Marketing domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service; (xi) link to or “frame” any BPM Marketing website (including deep linking to a specific portion of any BPM Marketing website) or overlay content on the Services; (xii) conduct script searches or use search results of the Services in a manner that results in the automated display of any material or other information on a third party website; (xiii) use the Services to compile information about a product or service for use in connection with a listing for a competitive product or service; (xiv) take any action that may undermine the ratings or review or similar process(es) under the Services; or (xiv) assist any third party in engaging in any activity prohibited by this TOS. BPM Marketing reserves the right, but not the obligation, to monitor the Services for the purpose of determining that your usage is in compliance with this TOS.
2.5
Changes. BPM Marketing may change or discontinue any of the Services at any time without notice or liability to you or any third party.
3. Privacy Policy
You agree that BPM Marketing may collect, use, and share your information in accordance with BPM Marketing’s Privacy Policy.
4. DISCLAIMERS, EXCLUSIONS, LIMITATIONS, AND INDEMNITY.
4.1
DISCLAIMER OF WARRANTIES. BPM Marketing PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. BPM Marketing DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THEIR USE, ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, DELAYS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE. BPM Marketing MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. BPM Marketing MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY MATERIALS, INFORMATION, GOODS, OR SERVICES, WHETHER RECEIVED OR ACCESSED VIA ANY LINKS PROVIDED BY OR IN CONNECTION WITH THE SERVICES OR OTHERWISE. BPM Marketing MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED FROM BPM Marketing OR ANY THIRD PARTY AS A RESULT OF USING THE SERVICES.
4.2
EXCLUSION OF DAMAGES. BPM Marketing WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION, THE COST OF ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED AS A RESULT OF USING THE SERVICES.
4.3
LIMITATION OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF BPM Marketing ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS OR THE SERVICES EXCEED THE GREATER OF: (I) AMOUNTS THAT YOU PAID BPM Marketing FOR YOUR USE OF THE SERVICES; (II) $50; OR (III) WITH RESPECT TO SERVICES SUBJECT TO ADDITIONAL TERMS, THE AGGREGATE LIABILITY AMOUNT SPECIFIED IN SUCH ADDITIONAL TERMS.
4.4
STATE LAW RIGHTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
4.5
Indemnity. You agree to indemnify, defend and hold BPM Marketing and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of this TOS or (ii) arising from, related to, or connected with your use of the Services. If you are obligated to provide indemnification pursuant to this provision, BPM Marketing may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle compromise or in any other manner dispose of any Claim without the consent of BPM Marketing.
5. Disputes
5.1
Applicability of Section. The terms of this Section 5 will apply to all disputes that may arise out of, are connected with or relate to this TOS or the Services, subject only to the following three exceptions: (1) if BPM Marketing reasonably believes that you have in any manner acted or failed to act in any manner that may cause harm to BPM Marketing or any third party, BPM Marketing may seek injunctive or other appropriate relief in any court of competent jurisdiction; (2) certain Services are subject to different dispute resolution provisions, which are provided for in the terms applicable to such Services; or (3) any dispute may, at the option of the claiming party, be resolved in small claims court in Tulsa, Oklahoma, provided that all claims by all parties in the dispute fall within the jurisdiction of the small claims court, but must first be submitted to the informal resolution process in Section 6.2 subject to the informal resolution in Section 5.2. Furthermore, in no event will the terms of this section limit BPM Marketing’s ability to investigate complaints or reported violations of this TOS or to take any action BPM Marketing deems necessary and appropriate to mitigate actions against BPM Marketing, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.
5.2
Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with the Services, you agree to contact BPM Marketing customer service; provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give BPM Marketing 30 days within which to resolve the dispute to your satisfaction.
5.3
Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
PURCHASE OF INCREASE LOCAL WEB PRESENCE PACKAGE
Payment my not be cancelled prior to 90 days following the purchase of this package.
PURCHASE OF TARGETED LOCAL LEADS PACKAGE
Payment my not be cancelled prior to 90 days following the purchase of this package.
PURCHASE OF MAXIMIZE YOUR EXPOSURE PACKAGE
Payment my not be cancelled prior to 90 days following the purchase of this package.
INTELLECTUAL PROPERTY USED IN CAMPAIGNS
Any and all domains purchased for landing pages are owned by BPM Marketing and may therefore be used for other customers should you cancel your package.
Phone numbers used for ads, landing pages, and local listings for the purpose of tracking leads belong to BPM Marketing and may be used for other customers should you cancel your package.
Landing pages created for campaigns and their content belong to BPM Marketing and may be used for other customers should you cancel your package.
TERMS FOR ELECTRONIC COMMERCE
You, whether personally or on behalf of the entity for whom you are acting as an authorized signatory (collectively, “you” or “your”), are purchasing certain of BPM Marketing’s products or services (each, a “Product” or “Service”). Such purchase is subject to the applicable terms provided and identified below (“Terms”).
BY INDICATING YOUR ACCEPTANCE OR USING ANY OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS, WHICH CONTAIN BINDING DISPUTE RESOLUTION PROVISIONS AND LIABILITY LIMITATIONS.
1.
Electronic Acceptance Is Binding. Your indication of your assent to the terms, whether express (e.g., clicking on an “I AGREE” icon) or implicit (i.e., using any Product or Service) constitutes your agreement to the Terms. You agree that such acceptance will have the same force and effect as if you had manually signed a paper version of these Terms. All references in the Terms to “signature” or the like will be deemed references to your assent to these terms. You hereby irrevocably waive any “opt-out” rights that you may have under applicable law to use or receive physical copies of these Terms.
2.
Electronic Transactions. You agree that all business pursuant to these terms may, in the sole discretion of BPM Marketing, be conducted electronically. We will charge your credit or debit card for amounts you incur in purchasing Products or Services. These charges may be conducted as automated clearing house transfers or by such other means as we in our sole discretion determine to be appropriate or advisable. You agree that you will be bound by the NACHA Operating Rules as such rules are amended from time to time. Without limiting the foregoing, you make all representations and warranties of a receiver under the NACHA rules whenever you initiate or authorize an ACH debit to your bank account. The NACHA Operating Rules are available at https://www.nacha.org/achrules.
As permitted by our Privacy Policy, we will also save your credit or debit card information and use it for all future charges, which will automatically be charged to your saved card unless you notify BPM Marketing customer service. Your right to cancel any recurring charges are provided in the applicable Product and/or Service Terms. We are not responsible for any fees or charges your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method such as a mailed statement. We may also cease providing Products to you.
3.
Applicable Terms. Your use of BPM Marketing’s website, and its other web and mobile-based products and services is subject to the BPM Marketing General Terms of Service and BPM Marketing Privacy Policy. Please refer to the BPM Marketing General Terms of Service for important details that affect your use of the Products, such as the management of your BPM Marketing account. Capitalized words or phrases not defined in these Electronic Transaction terms have the meaning given to them in the BPM Marketing General Terms of Service. BPM Marketing’s provision of the Products and/or Services, and your receipt and use of the Products and/or Services, is subject to the terms applicable to each Product and/or Service. Please refer to these Product and/or Service specific terms before purchasing.
4.
Entire Agreement; Precedence. These Electronic Transactions Terms supersede all prior and contemporaneous agreements and understandings between you and BPM Marketing relating to the Products or Services. In the event of any conflict or inconsistency among these Electronic Transaction terms, the Product and/or Service Terms, and the BPM Marketing General Terms of Use, precedence will be given in that order
