These Terms and Conditions are applicable to all business listings and advertising (paid or free) provided by Lowellbusiness.com
Lowellbusiness.com maintains a comprehensive business listing database of both paid advertisers and free listings and reserves the right to publish, or not publish, such listings to ensure the database is a comprehensive list of Lowell MA area businesses and services. To make the database as comprehensive as we can, it is not limited to businesses which have commercial arrangements with Lowellbusiness.com. Particularly, a free listing for a business does not mean that the listed business has any commercial arrangement with Lowellbusiness.com
Advertising Products Terms and Conditions
- Acceptance of Terms
- 1.1. All Advertisers agree to be bound by the Terms & Conditions set out on Lowellbusiness.com, terms and conditions agreed to over the phone as well as these additional terms and conditions, as applicable.
- 1.2. The terms that apply to your Contract and Service are set out in:
- 1.2.a. these terms including any attachments;
- 1.2.b. the approved and authorized order form or equivalent contract, over the phone with a sales person or otherwise;
- 1.2.c. where applicable; the commercial credit application;
- 1.2.e. any advertising rules and/or guidelines which apply to your Service; and
- 1.2.f. any equivalent approved and authorized document received by Lowellbusiness.com.
- 1.3. These Advertising Products Terms and Conditions supersede any terms and conditions previously issued, whether it be in writing, verbally or on www.bnbanetwork.com or Lowellbusiness.com, or otherwise issued by Boston North Business Association.
- 1.4. Lowellbusiness.com, in its sole discretion, may vary these terms and conditions at any time without notice.
- Term of Advertising Contract
- 2.1. The Contract begins on the date the approved and authorized order form, commercial credit application, verbal agreement with a sales person or equivalent contract is received by Lowellbusiness.com.
- 2.2. The Contract will continue for the period set out in the order form or equivalent contract.
- Changes to the Contract, Product or Terms
- 3.1. Modifications or revisions of the Advertising Products Terms and Conditions can be made any time by Lowellbusiness.com without any prior warning or notice.
- 3.2. The changes will be effective as soon as they have been posted on the Website.
- 3.3. You should check the terms and conditions from time to time so you are aware of any changes to the site and services.
- 3.4. Your continued use of Lowellbusiness.com after any modifications indicates you have accepted the new terms and conditions.
- Advertiser Content
- 4.1. Advertiser is responsible for uploading and maintaining any and all relevant material (Advertiser Material) for use on the Website, in accordance with any requirements of Lowellbusiness.com including as to deadlines and delivery formats
- 4.2. Lowellbusiness.com takes no responsibility for any of the Advertiser Material.
- 4.3. Lowellbusiness.com will determine the utilization of all keywords, categories and other material used to describe or categorize a business listing for all purposes relating to the Directory.
- 4.4. Lowellbusiness.com may remove, revise or refuse to publish any Advertiser Material.
- 4.5. Lowellbusiness.com reserves the right to include or exclude entry to, or remove a business from, the site and the directory at any time, for any reason whatsoever and without any liability to Lowellbusiness.com;
- 4.6. Recognition of advertising in other media channels:
- 4.6.a. LOWELLBUSINESS.COM may present advertisements of businesses that Lowellbusiness.com advertise in other media channels in a different position and in a different format to that of other advertisements.
- 4.6.b. This variance in presentation is solely at the discretion of LOWELLBUSINESS.COM and Advertisers may assume no right of entitlement to this based on their other advertising. LOWELLBUSINESS.COM may choose to apply this variance in presentation to some advertisers but not to others and may alter the duration of any such variance in presentation at its discretion.
- 4.7. The Advertiser acknowledges and agrees that LOWELLBUSINESS.COM may provide the Directory from time to time to other commercial enterprises including for publication on another website. LOWELLBUSINESS.COM does not warrant that the Advertiser’s listing in the Directory will be published or continue to be published on an internet site that is a distribution partner of LOWELLBUSINESS.COM. The Advertiser acknowledges and agrees that:
- 4.7.a. The failure of an internet site to publish or continue to publish the Advertiser’s listing or Advertiser Material in any form will not affect the parties’ rights and obligations under this Contract;
- 4.7.b. LOWELLBUSINESS.COM is not liable to the Advertiser for any claim for loss or damage arising from the publication or non-publication of the Advertiser’s listing or Advertiser Material on such internet sites; and
- 4.7.c. LOWELLBUSINESS.COM retains the right to change its distribution partners from time to time and gives no warranty that the Advertiser’s listing or Advertiser Material will be distributed by any particular distribution partner for any particular period.
- Termination of Contract
- 5.1. This Contract may be terminated in the following ways:
- 5.1.a. At any time the Advertiser and LOWELLBUSINESS.COM agree;
- 5.1.b. By LOWELLBUSINESS.COM without notice if:
- 5.1.b.i. the Advertiser (being an individual) is declared bankrupt; or
- 5.1.b.ii. any action is taken in relation to the Advertiser which, if the Advertiser is a corporation, reasonably indicates its insolvency (e.g. action is commenced for LOWELLBUSINESS.COM to be wound up or placed in liquidation) or if the Advertiser is a person then similar events occur which indicate bankruptcy.
- 5.2. LOWELLBUSINESS.COM may without notice terminate this Contract and all its obligations to an Advertiser if the Advertiser fails to comply with any of its obligations to LOWELLBUSINESS.COM including, without limitation, the Advertiser’s obligations to:
- 5.2.a. make any payment to LOWELLBUSINESS.COM in cleared funds by the due date for payment.: and
- 5.2.b. if applicable, maintain sufficient funds as required by clause 12.2
- 5.1. This Contract may be terminated in the following ways:
From termination LOWELLBUSINESS.COM ceases to have any obligation to supply services to the Advertiser. Clause 6.5 survives termination by LOWELLBUSINESS.COM.
- Liability and Indemnity
- 6.1. The Advertiser indemnifies LOWELLBUSINESS.COM against any successful claim by any third party against LOWELLBUSINESS.COM in respect of any matter arising from the operation, use, transfer of data or money to and from LOWELLBUSINESS.COM by the Advertiser.
- 6.2. By lodging material including electronic material or data for publication or authorizing or approving the publication of any material with LOWELLBUSINESS.COM, the Advertiser indemnifies LOWELLBUSINESS.COM and its directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly from the publication of the material, and,
Without limiting the generality of the above, Advertisers and or advertising agencies indemnify LOWELLBUSINESS.COM and its directors, employees and agents against any claims arising from:
- 6.2.a. defamation, libel, slander of title;
- 6.2.b. infringement of copyright;
- 6.2.c. infringement of trade marks or names of publication titles;
- 6.2.d. unfair competition;
- 6.2.e. breach of trade practices, privacy or fair trading legislation; and
- 6.2.f. violation of rights of privacy or confidential information or licences or royalty rights or other intellectual property rights.
- 6.3. Advertiser indemnity: The Advertiser indemnifies LOWELLBUSINESS.COM for any loss or damage including indirect or consequential loss or damage regardless of its cause (including negligence and tort) arising out of or in any way connected with the supply of or failure to supply the advertising service, a payment method in an agreement, and/or any inaccuracy, inadequacy or incompleteness of information contained in a Company Directory, on the Website or any of its printed material.
- 6.4. No Advertiser assignment: The Advertiser may not assign its rights or obligations under any agreement with LOWELLBUSINESS.COM without the prior written consent of LOWELLBUSINESS.COM.
- Intellectual Property
- 7.1. All intellectual property in relation to material included on the Website belongs to LOWELLBUSINESS.COM or its licensors or Advertisers, and Users and other Advertisers obtain no interest in that property. Users and Advertisers may not do anything which interferes with or breaches those intellectual property rights.
- 7.2. Apart from fair dealing permitted by the Copyright Act 1968, LOWELLBUSINESS.COM grants Users and Advertisers on the Website permission only to download copyright material for private purposes and not to use the content of the Website in any other way or for any other purpose.
- 7.3. Maps and map data:
- 7.3.a. All content and materiLowellbusiness.com relating to the maps included on or linked to the Website are the copyright of the mapping provider.
- 7.3.c. LOWELLBUSINESS.COM provide the Google Maps product on an ’as is’ basis as provided by Google. Google Maps is a product of Google Inc. The user hereby agrees not to make any claims against LOWELLBUSINESS.COM or Google pertaining to the suitability for any given purpose and performance of Google Maps.
- General Notices
- 9.1. Sever-ability of some clauses: If any part of these terms and conditions are unenforceable the remainder will not be affected.
- 9.2. Jurisdiction: Advertisers acknowledge that all correspondence concluded on the Website and all online and telephone activities in relation to the Website are made and concluded in Boston Massachusetts. These terms and conditions shall be governed by the laws of the state of Massachusetts. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
- 9.3. Any notice to be served to LOWELLBUSINESS.COM under this Contract must be served personally by post, facsimile or email to LOWELLBUSINESS.COM at:
Attention: Business Marketing Customer Service Department 262 Middlesex St | Lowell MA 01852
includes a corporation;
means calendar month;
means the business or their authorized representative (including an advertising agency) that has entered into an agreement with LOWELLBUSINESS.COM in relation to the inclusion on the Website of listing or other advertising content, including through the use of this website to upload information into the Directory;
- “follow-on term”
means a period of the same length as the initial term commencing on the day after the expiry of the initial term or the preceding follow-on term, as the case may be;
has the meaning as defined A New Tax System (Goods and Services Tax) Act 1999. Except where noted, all prices quoted in Company Contracts are inclusive of GST.
means such of LOWELLBUSINESS.COM products or services purchased by the Advertiser as indicated in the invoice from time to time;
A stand-alone Listing is any listing product that is not bundled with a Top of List, Strip, or Tile advertisement;
means users of the Website including, where appropriate, Advertisers.
means documents or recording including:
1. these terms including any attachments;
2. the approved and authorized Order Form or equivalent Contract;
3. where applicable; the commercial credit application;
5. any advertising rules and/or guidelines which apply to your Service;
6. any equivalent approved and authorized document Contract received by LOWELLBUSINESS.COM
7. the approved and authorized voice recording of order or equivalent contract.