Terms of Service

Last Updated: January 21, 2025

1. Acceptance of Terms

Welcome to Better Local Dealz, a marketing service provided by Clix Digital Marketing, LLC (“Clix”, “we”, “us”, or “Company”). Better Local Dealz is a division of Clix Digital Marketing, LLC, offering localized direct mail and digital advertising services on a month-to-month subscription basisbldealz.com. These Terms of Service (“Terms”) govern your access to and use of the Better Local Dealz websites (including BetterLocalDealz.com and BLDealz.com) and any related services or subscriptions (collectively, the “Service”). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service. You represent that you are at least 18 years old and, if you are using the Service on behalf of a company or organization, have the authority to bind that entity to these Terms.

2. Description of Services

Better Local Dealz provides local advertising solutions that combine physical and digital marketing. Our primary service includes the design, print, and distribution of door hanger advertisements directly to local homes (10,000 homes per distribution route), paired with targeted digital advertising reaching local online audiences (over 100,000 people)bldealz.com betterlocaldealz.com. In each monthly campaign, we handle professional ad design, complimentary printing, and delivery of your ads to the designated households, as well as the creation and posting of local social media advertisements to boost your reach. Our goal is to maximize your business’s local exposure through an integrated approach of direct mail and online marketing. However, you acknowledge that Better Local Dealz does not guarantee any specific results or business performance from these advertising services. Results can vary due to factors beyond our control, and any examples of past success (including case studies or testimonials) are not promises of future performance.

3. Accounts and Registration (if applicable)

In general, our Service involves a subscription for advertising placement rather than a traditional user account. If we provide you with an online account or portal to manage your subscription, you agree to provide accurate, current, and complete information during any registration process and to keep such information updated. You are responsible for maintaining the confidentiality of any login credentials and for all activities that occur under your account. Please notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that we suspect are being used in violation of these Terms or any applicable law.

4. Fees and Payment Terms

4.1 Subscription Fees: By purchasing a Better Local Dealz advertising plan, you agree to pay the recurring subscription fees as listed for your chosen package (e.g., Standard, Large, or Jumbo Ad plan). Subscription fees are billed in U.S. dollars and are exclusive of any applicable taxes. You are responsible for any sales, use, value-added, or similar taxes that apply to your purchase, except taxes based on our net income. Any such taxes will be added to the charges billed to you. Prices for the Service (including subscription fees) are as stated on our websites or order forms and are subject to change. If we change the subscription price or introduce additional charges, we will provide you with notice (for example, by email or on our site) at least 30 days in advance. If you do not agree with a price change, you may cancel your subscription before the new price takes effect; continued use of the Service after the price change constitutes your acceptance of the new fees.

4.2 Billing Cycle: Subscriptions are billed on a recurring basis (e.g., monthly) on the date of purchase or a specified billing date. When you sign up, you will provide a valid payment method (such as a credit card or other accepted payment instrument) to be kept on file. By signing up for a subscription, you authorize Better Local Dealz (Clix Digital Marketing, LLC) to charge your provided payment method automatically for the subscription fee on each recurring billing date without further authorization, until you properly cancel. This means that at the end of each subscription period, your subscription will automatically renew for another term of the same length and at the then-current rate, unless you cancel prior to the renewal date. We may send a reminder or include the renewal details in your initial order confirmation, but it is ultimately your responsibility to monitor your subscription and renewal dates.

4.3 Payment Processing: We use secure third-party payment processors (such as Stripe) to handle billing. By providing your payment information, you agree that we may charge all fees due to that payment method and that our payment processor may store your payment information for automatic processing of recurring fees. If your payment fails or cannot be processed for any reason, we may suspend or terminate your access to the Service or your advertising campaign at our discretion. If a charge is not successfully processed (for example, due to expiration or insufficient funds), and you do not update your payment information or cancel your account, you remain responsible for any uncollected amounts. We may attempt to charge the payment method again or request that you provide a new payment method. Any late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if lower), starting from the payment due date until paid in full.

4.4 Cancel Anytime Policy: Our plans are offered on a flexible month-to-month basis with no long-term commitment (“cancel anytime”)bldealz.com. You may cancel your subscription at any time, as described in Section 5 below, to stop future billing. “Cancel anytime” means there are no termination penalties and your subscription will not renew for another term once properly canceled. However, you are still responsible for any charges that have already incurred (or that are in process) before the cancellation takes effect. In other words, cancellation stops the next renewal charge but does not automatically refund you for the current billing period. Initial Billing at Sign-Up for Mid-Month Clients: Clients who sign up mid-month, specifically before the graphic design cutoff date (11 days before the end of the month), are billed immediately for the upcoming month's services. This initial payment secures their ad space for the next full month. Regular Billing Cycle: After the initial billing, clients will be billed again on the 1st of the following month and on the 1st of each month thereafter. This aligns them with the regular billing cycle, ensuring continuous service without interruption.

5. Cancellation and Refund Policy

5.1 How to Cancel: You can cancel your Better Local Dealz subscription at any time by providing us with a cancellation request. Cancellation requests should be submitted in writing (for example, via email to our support address) or through any account management interface we provide. The cancellation will become effective at the end of your current paid term. To cancel a subscription and avoid being charged for the next service month, clients must notify Better Local Dealz at least 12 days before the next scheduled billing date (the 1st of the month). This timing allows us to adjust our operational plans accordingly. Detailed Cancellation Deadlines: For instance, if a client wants to cancel the service for May, they must submit their cancellation request by March 20th. This prevents the April 1st billing that would cover May’s services. You will continue to receive the Service through the end of the period you have paid for, but your subscription will not be renewed thereafter. Mid-Month Sign-Ups: If a client who signed up mid-month decides to cancel before the graphic design cutoff date and has not yet received any service (i.e., before any ad design or distribution has commenced), they are eligible for a full refund of their initial payment. Standard Cancellations: For clients canceling post-cutoff date but before the next billing cycle, while no refund is issued for the already billed month, the cancellation will prevent any future billings. Late Cancellations: If a cancellation request is received after the billing for the next month has been processed (post-cutoff), the client will be responsible for the charges of the upcoming month, and the service will be discontinued thereafter.

5.2 No Refunds on Subscription Fees: All fees and payments are generally non-refundable, including fees for the current subscription period, setup or design fees, or printing costs, except as required by law or explicitly approved by us. By default, sales of our advertising packages are final and we do not guarantee refunds for unused time or unused. For example, if you cancel in the middle of a month that you have already paid for, the cancellation will take effect at the next billing cycle and you will not receive a pro-rated refund for the remainder of the month. Similarly, if you decide to withdraw from an advertising campaign after we have already designed, printed, or distributed materials based on your order, those costs are sunk and non-refundable.

5.3 Case-by-Case Refund Decisions: While our standard policy is that payments are non-refundable, we understand that exceptional circumstances may arise. We may, in our sole discretion, consider providing a refund or credit in extraordinary cases – for example, if we fail to deliver the service as promised, or a serious error on our part significantly undermines the advertising campaign. Any such refunds or credits will be determined by Better Local Dealz on a case-by-case basis and will typically be offered as an account credit toward future services rather than a cash refund. Granting a refund in one instance does not obligate us to provide a refund in the future for similar circumstances. Chargebacks: We consider chargebacks to be a last resort. You agree to contact us and attempt to resolve any billing issues or disputes in good faith before initiating a chargeback with your bank or credit card provider. Improper chargebacks (for example, disputing a valid charge without genuine cause) may be treated as a breach of these Terms. We recognize that special circumstances may require consideration beyond the standard policy. Clients facing such situations are encouraged to contact us directly to discuss potential accommodations.

5.4 Effect of Cancellation: Upon cancellation or non-renewal of your subscription, we will cease any future services for you beyond the paid term. It is your responsibility to download or secure any deliverables, data, or materials (such as ad designs) that you may need from us prior to the end of your service term. We are not obligated to retain your advertising materials, artwork, or campaign data for longer than necessary to fulfill the service or as required by law. Sections of these Terms that by their nature should survive termination (such as intellectual property provisions, disclaimers, indemnities, and dispute resolution terms) will remain in effect even after your subscription ends or these Terms are terminated.

6. Client Content and Intellectual Property Rights

6.1 Your Content and Responsibilities: Client Content refers to any materials you provide to us for use in your advertising, including but not limited to logos, trademarks, images, graphics, slogans, advertisements copy, business information, and any other creative or text you submit. You retain ownership of all intellectual property rights in the Client Content that you provide. By providing or uploading any Client Content to us, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, modify, publish, distribute, and display your Content as needed to perform the Service for you and to fulfill your advertising campaigns. This license also allows us to make minor adjustments to your Content for technical requirements (for example, resizing an image or correcting a spelling error in ad copy, if needed). You also grant us permission to use your business name, logo, and the content of your ads for the purpose of identifying you as a client and showcasing the advertising materials in our portfolio or marketing materials, unless you notify us in writing that you do not consent to such use. We will not, however, resell or license your Content to third parties or use it outside the scope of promoting our services.

6.2 Warranties for Client Content: You represent and warrant that you either own or have obtained all necessary rights and permissions to all Client Content you provide to us, and that our use of your Content for the purposes of the Service will not infringe or violate the rights of any third party (such as copyright, trademark, privacy/publicity rights, or any other proprietary rights). You further represent that your Content is truthful and accurate to the best of your knowledge and that it complies with all applicable laws and regulations (for example, if your ad includes pricing or discount claims, those claims are lawful and substantiated). You are solely responsible for the content of your advertisements. We do not monitor or vet all Client Content, and we operate under the assumption that you have the legal right to use everything you submit. If any Client Content is found to be infringing, unlawful, or in violation of these Terms, we may refuse to use it or remove it, and we may require you to furnish alternate materials. You agree to cooperate with us in addressing any concerns about the content (for example, providing proof of licensing for images or proof to substantiate claims in the ad if requested).

6.3 Content Created by Us: As part of the Service, Better Local Dealz may create certain content or materials for you – for example, graphic designs, artwork, copywriting, layouts, or other creative output specifically for use in your advertising campaign (“Deliverables”). Upon your payment in full for the Service, any Deliverables that we create specifically for your campaign will become your property. We hereby assign to you any intellectual property rights in those custom-designed materials, so that you can reuse or repurpose the ads for your own business needs if you wish. However, we reserve the right to keep copies of the Deliverables and to use them internally for record-keeping, as well as externally as part of our portfolio or case studies (as mentioned above). This transfer of ownership to you does not include our underlying tools, templates, or methodologies used to create the Deliverables, which remain our proprietary property. (For example, we retain ownership of any design software, generic templates, or marketing strategies we use, as well as any content that we created for general use across multiple clients.) We also retain all rights to any Better Local Dealz or Clix Digital Marketing trademarks, trade names, logos, service marks, domain names, and other brand features – you are not granted any license to use our marks except as needed to identify our services, and you agree not to remove or alter any branding we may include in deliverables (such as a small “Designed by Better Local Dealz” notation, if present).

6.4 Company Intellectual Property: Except for your Content and Deliverables described above, all materials and content provided or used by Better Local Dealz are owned by us or our licensors. This includes but is not limited to the Better Local Dealz and Clix Digital Marketing website content, text, graphics, logos, icons, images, audio clips, video, software, and the overall compilation and arrangement of content on our sites or in our printed materials. These are protected by copyright, trademark, and other intellectual property laws. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of our content or intellectual property except as expressly allowed by us in writing. We grant you a limited, revocable, non-transferable license to use our Service and related materials for your internal business use only, and only as necessary to enjoy the intended benefits of the Service in accordance with these Terms. Any rights not expressly granted in these Terms are reserved by the Company.

7. Permissible Use of Service and Conduct

You agree to use the Service in compliance with all applicable laws and regulations. You shall not use the Better Local Dealz Service for any illegal, deceptive, or unauthorized purpose. This includes (but is not limited to) refraining from:

Misrepresentation – You must not use our Service to advertise content that is fraudulent, misleading, unlawful, or violates any regulations (e.g. false advertising, scams, pyramid schemes, illicit products or services, etc.). You are responsible for the truthfulness of the advertising content you provide.
Intellectual Property Infringement – You must not submit content that you do not have rights to use, or that infringes someone else’s copyright, trademark, or other IP rights.
Offensive/Prohibited Material – We do not permit advertisements that contain hate speech, pornography, excessively graphic content, or any content that is defamatory or harassing toward an individual or group. We also disallow content that promotes violence, illegal activities, or any form of discrimination.
Interference and Hacking – You may not interfere with or disrupt the integrity or performance of our websites or services. This includes avoiding any attempt to gain unauthorized access to any portion of our Service, launching any form of cyber attack, introducing viruses or malicious code, or using automated systems (like bots or scrapers) to access or use the Service in a manner that sends more requests to our servers than a human can reasonably produce in the same time.
Compliance with Terms – You will follow any additional guidelines or policies we make available from time to time (such as content guidelines for ads). Failure to comply with our acceptable use standards may result in suspension or termination of your campaigns or account, at our sole discretion.

Better Local Dealz reserves the right (but has no obligation) to review any advertisements or content for compliance with these Terms. We may refuse to publish or may remove any advertisement or content that we, in our sole judgment, deem violates these Terms or could subject us or others to liability. However, we do not pre-screen all content, and we are not responsible for content that you or other clients provide. You remain fully responsible for your content and conduct.

8. Advertising Disclaimers; No Guaranteed Results

8.1 No Guarantee of Results: You understand and agree that marketing and advertising inherently involve uncertainty, and Better Local Dealz makes no guarantees regarding the effectiveness or outcome of any advertising campaign. While we strive to maximize exposure and provide high-quality service, we do not promise any specific return on investment, number of responses, customer conversions, revenue increase, or any other performance metric as a result of our campaigns. All statements by our representatives as to potential outcomes are understood to be illustrative estimates or goals, not binding commitments or guarantees. The success of any advertisement may depend on numerous factors beyond our control, including market conditions, consumer preferences, the quality of your products or services, competition, seasonality, and general economic factors. By using our Service, you acknowledge that results can and will vary. Past performance of other clients is not indicative of future success for your business. If you have metrics or tracking in place (for example, a special discount code in the ad to track redemptions), those are for your own analysis and not a guarantee from us of hitting certain numbers.

8.2 Client Cooperation: The performance of your advertising can also depend on your cooperation and follow-through. We are responsible for distributing your ads and getting them in front of the target audience, but converting leads into sales or inquiries often depends on your own business’s responsiveness and quality of service. For example, if customers call the phone number on your ad, it’s up to you to answer and close the sale. We encourage you to be prepared for increased interest when running campaigns. We do not guarantee any particular volume of calls or clicks, but you should be ready to handle the responses that do come as a result of the campaign.

8.3 Advertising Regulations: We provide our Service in accordance with industry best practices and applicable advertising laws (for example, not knowingly distributing false or deceptive ads). You are also responsible for ensuring that the content you ask us to distribute complies with any specific regulations in your industry (e.g., if you are advertising a contest or promotion, it complies with contest laws; if you’re in a regulated field like healthcare or financial services, the ad meets those legal requirements). We will not knowingly publish material that we believe violates the law or these Terms. In the event that an ad is found to violate any law or third-party right after distribution, you agree that Better Local Dealz shall not be held liable for any resulting claims as further described in Section 12 (Indemnification) below.

8.4 “AS-IS” Service and Disclaimer of Warranties: Except as expressly set forth in these Terms, the Better Local Dealz Service is provided “AS IS” and on an “AS AVAILABLE” basis. To the fullest extent permitted by law, we disclaim all warranties and representations of any kind, whether express, implied, or statutory, including (but not limited to) any warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Service will meet your requirements or expectations, that the delivery of door hangers or digital ads will be error-free or uninterrupted, or that any specific result or outcome will be achieved. We do not guarantee the accuracy of any analytics or metrics provided to you (if any) regarding the campaign’s performance. While we aim for high quality, we make no warranty that our printing, design, or distribution services will be perfect. In the case of any error or issue on our part (such as a printing misprint or a delivery route mistake), our obligation is limited to correcting the error for future distributions or, at our discretion, providing a proportionate credit—we do not offer any additional warranties. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you, but in such case, our warranties are limited to the minimum scope permitted by law.

9. Limitation of Liability

9.1 Indirect Damages: To the maximum extent permitted by law, Better Local Dealz (Clix Digital Marketing, LLC) and its affiliates, officers, employees, agents, and partners shall not be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages whatsoever, including but not limited to damages for loss of profits, loss of business, loss of goodwill, loss of data, cost of procurement of substitute services, or other intangible losses, arising out of or related to your use of (or inability to use) the Service, regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages. This exclusion includes any losses resulting from third-party claims against you. For example, we will not be liable for damages if your advertisement yields fewer customer responses than you hoped, or if an error in your ad (whether by your mistake or ours) causes you some business loss – your sole remedy in those cases is governed by the other provisions of these Terms (such as our discretionary credit in Section 5 or re-publication of a corrected ad).

9.2 Cap on Liability: Our total aggregate liability to you for all claims arising out of or related to the Service or these Terms will not exceed the total amount of fees actually paid by you to Better Local Dealz for the Service in the 12 months immediately preceding the event giving rise to the claim.** If no fees were paid (for example, if you only used a free portion of the service, or if the claim arises after your subscription ended), then our liability is limited to US $100. This is the maximum liability we would owe you in any circumstance, and you agree that this limitation of liability is reasonable given the nature of the services and pricing.

9.3 Exceptions: Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under applicable law. This includes liability for death or personal injury caused by our gross negligence or willful misconduct, and liability for fraud or fraudulent misrepresentation. However, in jurisdictions that allow the limitation of liability for certain damages, we intend to limit our liability to the fullest extent permitted by law.

9.4 Basis of the Bargain: You acknowledge and agree that Better Local Dealz has offered the Service and set its pricing in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that these form an essential basis of the bargain between you and us, and that we would not be able to provide the Service on an economically feasible basis without such limitations. This Section (Limitation of Liability) will survive the termination or expiration of these Terms.

10. Indemnification

You agree to defend, indemnify, and hold harmless Clix Digital Marketing, LLC (d/b/a Better Local Dealz), its parent, subsidiaries, and affiliates, and each of their respective officers, directors, employees, and agents (collectively, the “Company Parties”) from and against any and all claims, demands, lawsuits, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to: (a) the content you provided or the advertisements you asked us to distribute (the “Client Content”), including any claim that such content infringes or misappropriates any third-party rights or is false or misleading; (b) your use of the Service or your advertising campaign’s performance or outcome (except to the extent caused by our breach of these Terms); (c) your breach or alleged breach of these Terms or any representations/warranties given herein; (d) your violation of any applicable law, regulation, or industry guideline in connection with your advertising or business (for example, if you run a promotion that is later deemed illegal, or if you violate consumer protection laws); and (e) any claims by third parties arising from your products, services, or business practices (for instance, if a customer of yours claims they were harmed by your product after responding to an ad we distributed, that is your responsibility, not ours).

You agree that we have the right to approve any counsel representing us as indemnified parties, and to reasonably control the defense of any such claim, though we will not unreasonably refuse your request to cooperate in the defense at your expense. In the event of a claim subject to indemnification, we will attempt to promptly notify you of the claim (provided that any failure to promptly notify will not excuse your indemnity obligations except to the extent you are materially prejudiced by that failure). Your obligations to indemnify the Company Parties will survive the termination of these Terms and your use of the Service. This indemnification is intended to allocate responsibility between the parties: you are responsible for the content and legality of your ads and business, and we are responsible for providing the distribution service – each party must protect the other from claims that properly fall within their scope.

(For clarification: this indemnity means, for example, if someone sues Better Local Dealz claiming that your advertisement was defamatory or infringed their copyright, you will cover our costs/damages for that claim. Conversely, if someone sues you due to something Better Local Dealz did wrong that is not related to your content – which is less likely – then our limitation of liability and your available remedies are described elsewhere in these Terms.)

11. Communications and SMS/Text Consent

By providing your phone number or email to us and using our Service, you consent to receive communications from us regarding your account, subscription, offers, and related services. This includes phone calls and text messages (SMS) to any telephone number you have provided to us. You expressly consent to receiving calls and messages – including auto-dialed or pre-recorded calls and SMS/text messages – from us and our affiliates, partners, and agents at the number(s) you provide, for operational or marketing purposes. You understand that such calls or texts may be transmitted using an automatic telephone dialing system or include pre-recorded content, and that your wireless or telephone service provider may charge you for such messages or calls according to your plan (message and data rates may apply). Your consent is voluntary and is not a condition of purchase.

Opt-Out: You have the right to opt out of marketing communications. To stop receiving text messages, you can reply “STOP” to any SMS we send, or contact us at any time requesting to opt out. For phone calls or emails, you may also let us know that you do not wish to receive further communications for marketing purposes. Please note that even if you opt out of marketing messages, we may still send you transactional or informational messages related to your active subscriptions or campaigns (for example, scheduling details, billing notices, or service updates). We will honor all opt-out requests as required by law (under the Telephone Consumer Protection Act, TCPA, and other applicable laws).

Compliance: We will not send unlawful telemarketing or SMS messages, and we will abide by applicable communication laws and regulations, including the TCPA. By agreeing to these Terms and providing your contact information, you are providing “prior express written consent” within the meaning of the TCPA for us to send you the described communications. If you have previously opted out of certain communications, our Terms do not override your prior election; we will continue to respect any previous opt-out.

12. Dispute Resolution and Arbitration Agreement

Please read this section carefully. It requires binding arbitration on an individual basis to resolve most disputes, and it affects your legal rights. By agreeing to these Terms, you agree to this arbitration agreement.

12.1 Informal Resolution: Most concerns can be resolved quickly by contacting our customer support at Hello@BetterLocalDealz.com. We genuinely encourage you to reach out to us first and attempt to resolve any issue informally. We will try our best to address your concerns without needing formal legal proceedings. If we are unable to reach a mutually satisfactory resolution within 30 days, then you or we may proceed to arbitration as outlined below.

12.2 Binding Arbitration: Except for the exceptions stated in Section 12.4 below, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service (each a “Dispute”) will be resolved solely by binding arbitration on an individual basis, and not in court. This includes any claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. You and we specifically agree to waive the right to a jury trial on the Dispute and that a neutral arbitrator, rather than a judge or jury, will decide the dispute. The Federal Arbitration Act (FAA) (9 U.S.C. §§ 1-16) and federal arbitration law apply to this arbitration agreement and govern its interpretation and enforcement, regardless of any state law to the contrary.

12.3 Arbitration Procedure: The arbitration will be administered by the American Arbitration Association (AAA) (or, if AAA is unavailable, a comparable reputable arbitration provider agreed to by the parties or appointed by a court) under the AAA’s Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer-Related Disputes in effect at the time the arbitration is initiated. You can find more information about AAA and its rules at the AAA website. If there is any conflict between the AAA Rules and this arbitration agreement, this agreement governs. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity, but the arbitrator may not award relief in excess of or contrary to what these Terms provide. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Arbitration Location and Fees: If your claim is for US$10,000 or less, we agree you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video appearance, or by an in-person hearing. If your claim exceeds $10,000, the determination of whether an in-person hearing is necessary will be as set forth in the AAA rules. Any in-person arbitration hearings will take place in Washington County, Utah, unless you and we agree otherwise or the arbitrator directs a different location. Each party is responsible for their own attorneys’ fees and costs unless the arbitrator awards otherwise based on applicable law. If the AAA consumer rules apply, they may limit the arbitration fees you are responsible for, and in some cases we will pay certain fees (for example, the filing fee) if the arbitrator finds your claim is not frivolous. We will not seek attorneys’ fees or costs from you in arbitration unless the arbitrator determines that your claims were frivolous or brought in bad faith.

12.4 Exceptions to Arbitration – Small Claims and Injunctive Relief: Notwithstanding the above, either you or we may choose to bring an individual action in small claims court for disputes or claims within the scope of that court’s jurisdiction, in lieu of proceeding in arbitration. Small claims court actions must be filed in a court that has jurisdiction over the claim and the parties – typically, if you are an individual consumer, you may file in the small claims court in your county of residence or in our primary place of business (Washington County, Utah). We each agree that if a dispute is filed in small claims court and is not removed or appealed to a higher court, it does not need to be arbitrated. Additionally, either party may seek injunctive relief in a court of competent jurisdiction for claims involving intellectual property infringement or misuse (for example, unauthorized use of trademarks, trade secrets, copyrights, or breach of confidentiality), since such claims may require immediate relief that an arbitrator is not empowered to provide. Seeking injunctive relief for these limited purposes shall not be deemed a waiver of the right to arbitrate other claims or issues.

12.5 Class Action Waiver: ALL DISPUTES MUST BE ARBITRATED OR LITIGATED (IF PERMITTED) ON AN INDIVIDUAL BASIS. YOU AND WE AGREE THAT NEITHER PARTY SHALL BRING OR PARTICIPATE IN A CLASS ACTION, CONSOLIDATED, OR REPRESENTATIVE CLAIM (SUCH AS A PRIVATE ATTORNEY GENERAL ACTION) AGAINST THE OTHER. The arbitrator is not authorized to combine or aggregate the disputes of more than one person or to hear any class, collective, or representative proceedings in any capacity. You and we agree to arbitrate only our own individual disputes, and the arbitrator can award relief only on an individual basis (meaning only to the party who seeks it and only to the extent necessary to resolve that party’s individual claim). The arbitrator may not award relief for or against anyone who is not a party to the arbitration. If a court or arbitrator decides that any part of this class action waiver is unenforceable or invalid, then the entire arbitration clause (except for this sentence) shall be null and void, and in that case, the parties agree that exclusive jurisdiction and venue described in Section 13 (Governing Law & Jurisdiction) shall govern and that the class action must be litigated in court (not arbitrated).

12.6 Opt-Out Right: We believe arbitration is a benefit to both parties for resolving disputes, but if you do not wish to agree to arbitrate disputes, you have the right to opt out of this arbitration agreement within 30 days of first accepting these Terms. To opt out, you must send a written notice of your decision to opt out to the following email: Hello@BetterLocalDealz.com, with the subject line “Arbitration Opt-Out” and your name and account information in the body. Alternatively, you may send a letter via U.S. mail to: Clix Digital Marketing, LLC – Arbitration Opt-Out. The opt-out notice must be postmarked (or timestamped for email) no later than 30 days after the date you first accepted these Terms. If you opt out of arbitration, the other parts of these Terms (including the class action waiver) will continue to apply to you. If you do not opt out within the 30-day period, you will be deemed to have knowingly and intentionally waived your right to litigate disputes in court (except for the small claims and IP exceptions above).

12.7 Severability: Except as provided in the Class Action Waiver above, if any portion of this Dispute Resolution section is found to be unenforceable or unlawful, such provision shall be severed from these Terms, and the remaining portions shall continue in full force and effect. In the event that the entirety of this arbitration agreement is found to be unenforceable (for example, if a court rules that arbitration is not permitted for the particular claim or relief sought), then the entirety of the dispute resolution clause shall be null and void, and the dispute shall be brought exclusively in the state or federal courts specified in Section 13, and the parties agree to waive any right to a jury trial in that instance.

13. Governing Law and Jurisdiction

These Terms and any dispute arising out of or relating to the Service or these Terms (including any non-contractual claims) shall be governed by and construed in accordance with the laws of the State of Utah, USA, without regard to its conflict of law principles. However, the Federal Arbitration Act governs the arbitration clause as noted above.

Subject to the arbitration and small claims court provisions above, any legal action or proceeding between us that is permitted to proceed in court shall be brought exclusively in the state or federal courts located in Washington County, Utah. Both you and we consent to the personal jurisdiction of those courts and waive any objections on grounds of venue, forum non conveniens, or any similar doctrine. If you are accessing the Service from outside the United States, you agree that you will still be subject to the jurisdiction of the courts in Utah as specified, and that you will not argue that such jurisdiction is unfair or inconvenient.

Notwithstanding the foregoing, we reserve the right to seek injunctive or equitable relief in any jurisdiction to enforce our intellectual property or confidentiality rights.

14. International Users and Data Transfer

Our Service is controlled and operated from the United States, and our primary client base is U.S. businesses. We make no representations that the Service is appropriate or available for use in other locations. If you access or use Better Local Dealz from outside the U.S., you do so on your own initiative and are responsible for compliance with local. You must not use the Service or provide any content if it is illegal in your country, or if it violates any export or import regulations.

Cross-Border Data Processing: We may store, process, and transmit information (including personal data) in the United States and other countries through our service providers’ cloud or hosting facilities. By using our Service as an international user, you agree and consent to the transfer of your personal data to the United States and other countries where we or our service providers. You acknowledge that the data protection and privacy laws of those countries might not be as protective as those in your jurisdiction. However, we will handle your personal information in accordance with our Privacy Policy and take appropriate measures to protect it. If you are a resident of the European Economic Area (EEA), United Kingdom, or another region with laws governing data collection and use that differ from U.S. law, please note that we do not currently specifically market to or target our Service to those regions, and any personal data you provide is at your discretion. By providing your data or using the Service, you explicitly consent to such transfer and processing. If you do not consent, please do not use our Service.

15. Termination

15.1 By Client: You may terminate your subscription and stop using our Service at any time by following the cancellation procedure in Section 5. If you simply stop using the Service without an official cancellation, your subscription may continue to renew until you notify us. It is your responsibility to properly cancel to avoid further charges.

15.2 By Company: We reserve the right to suspend or terminate your access to the Service (or any part thereof) at any time with or without notice and with or without cause. For example, we may terminate the Service immediately if: (a) you fail to pay any amounts due and do not cure within a reasonable period; (b) you violate any material provision of these Terms (such as the acceptable use rules or intellectual property provisions); (c) we suspect that your use of the Service is causing harm, legal liability, or could imminently cause harm to us or others (e.g., you have provided fraudulent content or are engaging in unlawful conduct); or (d) we decide to discontinue the Service entirely. In non-urgent cases, we will attempt to provide notice and an opportunity to cure a breach, but we are not obligated to do so if the circumstances warrant immediate action.

15.3 Effect of Termination: Upon any termination of your use of the Service by either party, Sections 6 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 12 (Dispute Resolution & Arbitration), 13 (Governing Law), 14 (International Use), and any other provision which by its nature should survive, shall survive termination and continue to apply. If we terminate your account or subscription for cause (e.g., due to your breach), you will not be entitled to any refunds of amounts you have paid. If we discontinue the Service entirely or terminate without cause, we may provide you with a pro-rata refund for any prepaid future period that will not be delivered (if applicable). Termination of the Service does not relieve you of any obligations to pay accrued charges or indemnification obligations incurred prior to termination.

16. Miscellaneous Provisions

16.1 Changes to Terms: We may update or revise these Terms of Service from time to time. If we make material changes, we will provide notice to you by posting the revised Terms on our websites and updating the “Last Updated” date at the top, or by sending you an email or notification. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the new terms, you must stop using the Service and, if applicable, cancel your subscription. It is your responsibility to review the Terms periodically for any changes.

16.2 Entire Agreement: These Terms (including any referenced documents or policies, such as our Privacy Policy) constitute the entire agreement between you and Clix Digital Marketing, LLC regarding the Better Local Dealz Service, and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. You acknowledge that you have not relied on any representation, warranty, or statement not expressly set out in these Terms. In case of a conflict between these Terms and any other policy or documentation on our site, these Terms shall control. Notwithstanding the foregoing, if you have a separate written contract with Clix Digital Marketing, LLC for Better Local Dealz services (for example, a signed Master Services Agreement), and any provision of that contract conflicts with these online Terms, the signed contract’s terms will prevail for the conflict in question.

16.3 No Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or of the right to enforce it later. Any waiver of any term of this agreement must be in writing and signed by an authorized representative of Clix Digital Marketing, LLC to be effective.

16.4 Severability: If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms shall remain in full force and effect. The invalid or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (or, if not possible, severed from the agreement) and shall not affect the validity of the rest of the Terms.

16.5 Assignment: You may not assign or transfer these Terms (in whole or in part) or any rights or obligations hereunder to any other party without our prior written consent. Any attempt by you to do so without consent will be null. We may assign these Terms or any rights/obligations hereunder to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets related to the Service, and you hereby consent to such assignment. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

16.6 Relationship of Parties: You and the Company are independent contracting parties. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. Neither party has the authority to bind or act on behalf of the other in any respect.

16.7 No Third-Party Beneficiaries: These Terms are for the benefit of you and us (and permitted assignees). Except as expressly provided in Section 10 (Indemnification) with respect to the Company Parties, these Terms are not intended to confer any rights or remedies on any third party, whether as a third-party beneficiary or otherwise.

16.8 Force Majeure: We will not be liable for any failure or delay in our performance under these Terms (including distributing your advertisements on schedule) due to any cause beyond our reasonable control, such as acts of God, war, terrorism, government action, labor conditions, power or internet outages, supply disruptions, or any other force majeure event.

16.9 Contact Information: If you have any questions or concerns about these Terms or the Service, you may contact us at:

Clix Digital Marketing, LLC (d/b/a Better Local Dealz)
Email: Hello@BLDealz.com
Phone: 888-653-8809 (as listed on our website)

We will endeavor to respond to inquiries within a reasonable time.

By using the Service, you acknowledge that you have read, understood, and agree to these Terms of Service. Thank you for trusting Better Local Dealz with your local advertising needs! We look forward to making a BIG local impact for your business.