The Ad Programs cause advertisements for your business to be displayed on BuildZoom’s website and, potentially, on BuildZoom’s mobile applications, and other properties (collectively, the "Site"). With the Ad Programs, BuildZoom uses commercially reasonable efforts to deliver a variable and unguaranteed number of ad impressions to the Site to promote Client’s BuildZoom profile, as determined at BuildZoom’s sole discretion based on available inventory and other factors, and Client pays BuildZoom a monthly fee.
In exchange for continued use of and access to the Ad Programs, you agree to pay the applicable monthly fee(s) regarding the Ad Programs determined by BuildZoom in our sole discretion and described by BuildZoom during a telephone conversation with you, by written means, or through a self-service checkout page, as applicable ("Fees"). Through our payment processor Stripe, Inc., we will charge Fees to the credit card associated with your account until you cancel the Ad Programs. In addition to these Ads Terms, such charges are subject to Stripe’s Services Agreement and Privacy Policy. You agree to maintain current and accurate credit card information for billing purposes. Fees must be paid up front and in full. BuildZoom reserves the right to suspend or terminate your access to the Ad Programs.
BuildZoom reserves the right to change its Fees at any time. We will notify you if such change may affect the price you pay for the Ad Programs. At the conclusion of any discount or other promotional offer period, including free trials, BuildZoom shall have the right to automatically and without notice renew your subscription to the Ad Programs and charge the full Fee then in effect.
To the extent permitted by law (and unless specified otherwise by BuildZoom in writing), Fees exclude all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities ("Taxes"), and you shall be responsible for payment of all applicable Taxes relating to your use of the Ad Programs. If BuildZoom is obligated to collect or pay Taxes for the fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the bill or invoice for such transaction.
Each party represents and warrants to the other that it is duly organized, validly existing, and in good standing under the laws of the jurisdiction in which it was organized; all contact and entity information is complete, correct and current, and the execution and delivery of the Ads Terms, and the performance of the transactions contemplated hereby, are within its corporate powers, and have been duly authorized by all necessary corporate action.
Client represents and warrants to BuildZoom that any information or materials that Client provides in connection with Ad Programs ("Advertising Materials") will (a) be true and complete, (b) not contain any material that violates BuildZoom’s content guidelines or that is otherwise unlawful, defamatory or obscene, or that infringes or violates any third‐party rights (including any intellectual property rights or privacy or publicity rights) or that may encourage a criminal offense or otherwise give rise to civil liability and (c) comply with all applicable laws and regulations in its performance of the Ads Terms (including all applicable privacy / data protection laws and regulations and laws related to Promotions). "Promotions" are any contest, sweepstakes, coupon or other promotion appearing on or promoted through the Site by Client. BuildZoom reserves the right to reject or remove any Advertising Materials at its sole discretion, and to alter any Advertising Materials to conform to technical specifications.
The Ads Terms begin once you agree to receive the Ad Programs (which may be over the telephone or otherwise) and will renew on a month-to-month basis, and, unless terminated earlier as provided herein, end on the last date that BuildZoom provides you the Ad Programs ordered under these Ads Terms.
You may terminate the Ad Programs at any time by calling BuildZoom at 844-329-5737. You must call at least two days before your next payment is due to avoid charges. All Ad Programs will continue until termination.
BuildZoom may terminate these Ads Terms at any time for any or no reason without liability, effective immediately, by providing written or verbal notice to Client. In the event of such termination, Client will immediately pay all unpaid fees incurred through the date of termination, and BuildZoom will reimburse any fees that were prepaid for Ad Programs to be rendered after the date of such termination.
CLIENT ACKNOWLEDGES AND AGREES THAT AD PROGRAMS ARE PROVIDED TO CLIENT ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. BUILDZOOM MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE AD PROGRAMS AND EXPRESSLY DISCLAIMS THE WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, TO THE FULLEST EXTENT PERMITTED BY LAW, BUILDZOOM SPECIFICALLY DISCLAIMS ALL WARRANTIES AND GUARANTEES REGARDING (I) THE PERFORMANCE, QUALITY AND RESULTS OF THE AD PROGRAMS, INCLUDING AD CLICK RATES, CONVERSIONS, AND ANY USER-GENERATED CONTENT THAT APPEARS IN YOUR AD PROGRAMS, (II) THE ACCURACY OF THE INFORMATION AND METRICS THAT BUILDZOOM MAY PROVIDE IN CONNECTION WITH THE SITE OR AD PROGRAMS (E.G., TRAFFIC, VIEWS, VISITORS, USERS, DEMOGRAPHICS, AND BEHAVIORAL INFORMATION ABOUT VISITORS AND USERS), AND (III) THE PLACEMENT, CONTENT, PROMOTIONAL VALUE, QUALITY, TIMING, OR NUMBER OF AD IMPRESSIONS. BUILDZOOM SHALL NOT BE LIABLE FOR NON-PERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL. WHILE BUILDZOOM WILL TRY TO TARGET AD IMPRESSIONS TO THE TYPE OF CONTRACTOR REQUESTED AND THE USERS’ LOCATIONS, BUILDZOOM MAY NOT BE ABLE TO ACHIEVE A CLIENT’S SPECIFIC EXPECTATION OF ACCURATE AD TARGETING.