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Ourblex's Policies

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This Privacy Policy is effective January 1, 2021 for all users.

This Privacy Policy describes our policies on the collection, use, and disclosure of information about you in connection with your use of our services, including those offered through our websites, communications (e.g., emails, phone calls, and texts), and mobile applications (collectively, the “Service”). The terms “we”, “us”, and “Ourblex” refer to: (i) Our Black Exchange Inc., a Missouri corporation with its headquarters in St. Louis, Missouri.

When you use the Service, you consent to our collection, use, and disclosure of information about you as described in this Privacy Policy. We may translate this Privacy Policy into other languages for your convenience. Nevertheless, the English version governs your relationship with Ourblex, and any inconsistencies among the different versions will be resolved in favor of the English version.

TABLE OF CONTENTS

  1. Information We Collect and How We Use It
  2. Cookies
  3. Third Parties
  4. Controlling Your Personal Data
  5. Data Retention and Account Termination
  6. Children
  7. Security
  8. Contact Information
  9. Modifications to This Privacy Policy
  10. Missouri Residents: Your Missouri Privacy Rights
  11. Nevada Residents: Your Nevada Privacy Rights

 

  1. INFORMATION WE COLLECT AND HOW WE USE IT

We may collect, transmit, and store information about you in connection with your use of the Service, including any information you send to or through the Service. We use that information to provide the Service’s functionality, fulfill your requests, improve the Service’s quality, engage in research and analysis relating to the Service, personalize your experience, track usage of the Service, provide feedback to third party businesses that are listed on the Service, display relevant advertising, market the Service, provide customer support, message you, back up our systems, allow for disaster recovery, enhance the security of the Service, and comply with legal obligations. Even when we do not retain such information, it still must be transmitted to our servers initially and stored long enough to process.

Please also note:

  1. Account Information: When you create an Ourblex account, we store and use the information you provide during that process, such as the first and last name you enter, email address, zip code, physical address, and any other information you may provide during the account creation process, such as phone number. We may publicly display the first name and last name that you provide, as well as any photo or other content you submit through the account creation process, as part of your account profile. We also store and use any preferences you provide to personalize your user experience, including dining and activity preferences. You can later modify some of the account information you provide through your account settings. If you believe that someone has created an unauthorized account using your personal information, you can request its removal by flagging it.
  2. Public Content: Your contributions to the Service are intended for public consumption and are therefore viewable by the public, including your photos, ratings, reviews, and edits to business page information. Your account profile (e.g., first name, last name, city, the month and year you created your Ourblex account, profile photos and list of friends on Ourblex) is also intended for public consumption, as is some of your other activity through the Service, like contributions or users you follow, and which businesses you follow or bookmark. You can limit the public nature of some of these activities through your account settings.
  3. Communications: When you sign up for an account or use certain features, you are opting to receive messages from other users, businesses, and Ourblex. Note that you cannot opt-out of receiving certain administrative, transactional, or legal messages from Ourblex.
  4. Activity: We store information about your use of the Service, such as your search activity, the pages you view, the date and time of your visits, and businesses you call using our mobile application. We also store information that your computer or mobile device may provide to us in connection with your use of the Service, such as your browser type, type of computer or mobile device, browser language, IP address, WiFi information such as SSID, mobile carrier, phone number, unique device identifier, advertising identifier, location (including geolocation, beacon-based location, and GPS location), and requested and referring URLs and mobile applications. We may also receive and store your location whenever our mobile applications are running, including when running in the background, if you enable our mobile apps to access such information in the course of using the Service. You may be able to limit or disallow our use of certain location data through your device or browser settings, for example by adjusting the settings for our applications in iOS or Android privacy settings.
  5. Different Devices: You may access the Service through different devices (e.g., your mobile phone or personal computer) and different platforms (e.g., the Ourblex website or Ourblex mobile apps). The information that we collect and store through those different uses may be cross-referenced and combined, and your contributions through one Ourblex platform will typically be similarly visible and accessible through all other Ourblex platforms.
  6. Professional Information: If you represent a business on Ourblex, we may collect and display information about you related to your business activities, such as a business name that may incorporate your name, or a publicly available business address that is also used as a home address. We will also collect and display information about your professional background that you choose to share with us through the Service, such as information about your professional licenses or certifications, or your professional history or specialties.

 

  1. COOKIES

We, and third parties with whom we partner, may use cookies, web beacons, tags, scripts, local shared objects such as HTML5 and Flash (sometimes called “flash cookies”), advertising identifiers (including mobile identifiers such as Apple’s Identifier for Advertisers (“IDFA”) or Google’s Advertising ID (“GAID”)) and similar technology (“Cookies”) in connection with your use of the Service, third party websites, and mobile applications. Cookies may contain unique identifiers and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Cookies may transmit information about you and your use of the Service, such as your browser type, search preferences, IP address, data relating to advertisements that have been displayed to you or that you have interacted with, and the date and time of your use. Cookies may be persistent or stored only during an individual session.

The purposes for which we use Cookies in the Service include:

You can set some Cookie preferences through your device or browser settings, but doing so may affect the functionality of the Service. The method for disabling Cookies may vary by device and browser, but can usually be found in your device or browser preferences or security settings. For example, iOS and Android devices each have settings that are designed to limit forms of ad tracking. For flash cookies, you can manage your privacy settings by clicking here. Please note that changing any of these settings does not prevent the display of certain advertisements to you.

  1. THIRD-PARTIES

Third-parties may receive information about you as follows:

  1. Advertisers: We allow third parties to use Cookies through the Service to collect the same type of information for the same purposes as we do. In doing so, we adhere to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. Third parties may be able to associate the information they collect with other information they have about you from other sources. We do not necessarily have access to or control over the Cookies they use, but you may be able to opt-out of some of their practices by visiting the following links: Network Advertising InitiativeOmnitureand Digital Advertising Alliance. Please note that opting out does not prevent the display of all advertisements to you. We may also share some non-identifiable, de-identified, or aggregated information from or about you, such as location information, with third parties in connection with advertising programs and data analytics. You may be able to limit our sharing of some of this information through your mobile device settings, as described in Section 2 above, or through the Service’s settings.
  2. Content Partners: We allow third-party partners to use and display some of the public content available through the Service, such as your photos, reviews, and other information listed under “Public Content” in Section 1 above.
  3. Service Providers: We rely on third-party service providers to support or provide services for us in connection with your use of the Service, such as food delivery services, communications and hosting, security and fraud prevention, technical and customer support, tracking and reporting usage of the Service, quality assurance testing, payment processing, marketing, and other functions. We share information from or about you with these third-party providers so that they can perform their services or complete your requests. For example, we may share your advertising identifiers (e.g., your IDFA, GAID, or a cryptographic hash of your email address) with third-party service providers that help us facilitate Ourblex’s advertising programs and measure and report their effectiveness, including with third parties that help determine the efficacy of Ourblex’s advertising programs by combining the information they receive about you from other sources than the Service. You may be able to limit our access to some of this information through your mobile device settings, as described in Section 2 above, or through the Service’s settings. Ourblex’s third-party service providers may likewise share information with us that they obtain from or about you in connection with providing their services or completing your requests.
  4. Aggregate or Anonymous Information: We share user information in the aggregate with third parties, such as businesses that are listed on Ourblex and content distributors. For example, we disclose the number of users that have been exposed to or interacted with advertisements, or that we believe visited the physical location of a particular business.
  5. Business Transfers: We share information from or about you with our parent companies, subsidiaries, joint ventures, or other companies under common control, and require them to also honor this Privacy Policy. If another company acquires Ourblex, or all or substantially all our assets, that company will possess the same information and will collect, use, and disclose the information only as described in this Privacy Policy.
  6. Businesses on Ourblex: We may share information from or about you (such as your city, and if you provide it, your age ), your device type, and your use of the Service (such as which businesses you bookmark or call, or if you visit a business’s URL) with businesses on Ourblex. You may adjust your account settings to increase or decrease the amount of information we share. Keep in mind that businesses can also view your public activity and posts, and may receive information from or about you when you transact or communicate with them, through Ourblex or otherwise, regardless of your settings (see Section 1 above).
  7. Investigations and Legal Disclosures: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure: (a) is reasonably necessary to comply with legal or law enforcement processes, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process or law enforcement request; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the Service; or (c) protects our rights, reputation, property, or that of our users, affiliates, or the public, such as disclosures in connection with Ourblex’s Consumer Alerts program. If you flag or otherwise complain to us about content through the Service, we may share the substance of your complaint with the contributor of that content in order to provide an opportunity for the contributor to respond.
  8. Links: The Service may link to third party-controlled websites, like a business’s URL. Except as set forth herein, we do not share your personal information with them and are not responsible for their privacy practices.
  9. Third-Party Integrations: If you sign up for, or log into, Ourblex using a third-party service like Facebook or Google, or link your Ourblex account to your account with a third-party service like Facebook, Instagram, or Twitter, we may receive information about you from such third party service. If you post content to a third party service through the Service, that third party service will also receive that content, which will be visible to anyone that has access to it through that third party service. Some of our web pages utilize framing techniques to serve content to you from our third-party partners while preserving the look and feel of the Service. In such cases, please note that the information you provide may be transmitted directly to the identified third party partner. If you interact with businesses through Ourblex, they will receive whatever information you choose to share with them, for example, the contact information you share through direct messages to the business or your phone number if you call the business.

 

  1. CONTROLLING YOUR PERSONAL DATA

Other users may be able to identify you or associate you with your account if you include personal information in the content you post publicly. You can reduce the risk of being personally identified by using the Service pseudonymously, though doing so could detract from the credibility of your contributions to the Service.

  1. DATA RETENTION AND ACCOUNT TERMINATION

You can close your account by clicking here. We will remove certain public posts from view and/or dissociate them from your account profile, but we may retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Service or to comply with legal obligations. We may also maintain residual copies of your personal information in our backup systems. Please note that businesses cannot remove their business pages, ratings, or reviews by closing their accounts.

  1. CHILDREN

The Service is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us here. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child’s account.

  1. SECURITY

We use various safeguards to protect the personal information submitted to us, both during transmission and after we receive it. However, no method of transmission over the Internet or via a mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

  1. CONTACT INFORMATION

You may contact us online concerning our Privacy Policy, or by emailing us at info@ourblex.com

  1. MODIFICATIONS TO THIS PRIVACY POLICY

We may revise this Privacy Policy from time to time. The most current version of the Privacy Policy will govern our collection, use, and disclosure of information about you and will be located here. If we make material changes to this Privacy Policy, we will notify you by email or by posting a notice on the Service prior to or on the effective date of the changes. By continuing to access or use the Service after those changes become effective, you acknowledge the revised Privacy Policy.

  1. MISSOURI RESIDENTS: YOUR MISSOURI PRIVACY RIGHTS

Under the Missouri Consumer Statue (“MMPA”), Missouri residents have certain rights around Ourblex’s collection, use, and sharing of their personal information.

Ourblex does not sell your personal information and will not do so in the future without providing you with notice and an opportunity to opt-out of such a sale as required by law. Similarly, we do not offer financial incentives associated with our collection, use, or disclosure of your personal information.

Ourblex collects various categories of personal information when you use the Service, including identifiers, commercial information, internet or other electronic network or device activity information, geolocation data, and professional information. A more detailed description of the information Ourblex collects and how we use it is provided above in Section 1 (Information We Collect and How We Use It). Section 3 (Third Parties) describes the categories of third parties with whom we share personal information, and what information may be shared under different circumstances.

If you are a resident of Missouri, you have the right to request to know what personal information has been collected about you, and to access that information. You also have the right to request deletion of your personal information, though exceptions under the MMPA may allow Ourblex to retain and use certain personal information notwithstanding your deletion request. You can learn more about how to submit a data rights request through Ourblex Contact Us. You may also send your request by email to help@ourblex.com. We will not discriminate against you for exercising your rights under the CCPA. An agent may submit a request on your behalf, but you must verify that your agent is authorized to do so.

  1. NEVADA RESIDENTS: YOUR NEVADA PRIVACY RIGHTS

Nevada law (SB 220) requires website operators to provide a way for Nevada consumers to opt-out of the sale of certain information that the website operator may collect about them. Ourblex does not sell your personal information to third parties as defined in Nevada law, and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. If you have any questions regarding our data privacy practices or our compliance with Nevada data privacy law, please contact us through the Contact Us.

Last Updated on Jan. 1, 2021

 

General Guidelines

People come to Ourblex to connect with great local businesses. We know that people will not always agree, but we expect everyone on the site to treat one another and the platform with honesty and respect. We have put together general guidelines to help set the tone for discourse on the site. Please also read the additional guidelines below for specific types of content that you might contribute to the site.

  • Relevance: Please make sure your contributions are appropriate to the forum. For example, reviews are not the place for rants about political ideologies, a business’s employment practices, extraordinary circumstances, or other matters that do not address the core of the consumer experience.

  • Inappropriate content: Colorful language and imagery are fine, but there is no place for threats, harassment, lewdness, hate speech, or other displays of bigotry.

  • Conflicts of interest: Your contributions to Ourblex should be unbiased and objective. For example, you should not write reviews of your own business or employer, your friends’ or relatives’ business, your peers or competitors in your industry, or businesses in your networking group. Businesses should never ask customers to write reviews.

  • Privacy: Do not publicize people’s private information. For instance, please do not post close-up photos or videos of other patrons without their permission, and do not post other people’s full names unless you are referring to someone who is commonly referred to by their full name.

  • Promotional content: Do not post promotional material unless it is in connection with an Ourblex advertising product and through a Business Account. Let’s keep the site useful for consumers and not overrun with commercial noise from every user.

  • Intellectual property: Do not swipe content from other sites, users, or businesses. Write your own copy and share your own photos and videos.

Additional Guidelines

Review Guidelines

The best reviews are personal, passionate, and reflect your consumer experience. They offer a rich narrative, a wealth of detail, and a helpful tip or two for other consumers. Here are some additional thoughts for conscientious reviewers:

  • Personal experience: We want to hear about your firsthand experience, not what you heard from your partner or co-worker, or what you saw in the news. Tell your own story without resorting to broad generalizations and conclusory allegations.

  • Accuracy: Make sure your review is factually correct. Feel free to air your opinions, but do not misrepresent your experience. We do not take sides when it comes to factual disputes, so we expect you to stand behind your review.

  • Demanding payment: Writing a review should be informative and meant to help the broader Ourblex community. You should not threaten to post or offer to remove a negative review to extract payment from a business.

  • Review updates: Review updates should reflect a new experience or interaction with the business. Do not post the same old story you have previously posted. If you’d like to add new insight to an old experience, you can edit your review within 30 days of posting it.

Photo and Video Guidelines

Photos and videos should be broadly relevant to the business and reflect the typical consumer experience (e.g., what the business looks like, what the business offers, etc.). If you are a business, show us what you offer and what makes your business unique. Here are some additional things to keep in mind:

  • Relevant: We may remove a photo or video that showcases a uniquely personal experience that isn’t relevant to other people (e.g., a receipt or email exchange with a business) from the photo gallery for the business, but it may appear alongside your review if you write one about the business.

  • Appropriate: We do not want imagery of violence, drug use, nudity, near nudity, or suggestive acts—even if those images are an accurate representation of the business’s services or products.

  • Friendly: Do not use your photos or videos to attack or disparage others. A picture is worth 1,000 words, so it is best to pick those words carefully and make your point in a review.

Do not Ask for Reviews

The businesses that do best on Ourblex are the ones that provide a great customer experience to everyone who walks in the door without any expectation or encouragement that they write a review.

Here are some tips to avoid hurting your Ourblex  rating:

  • Do not ask customers, mailing list subscribers, friends, family, or anyone else to review your business.

  • Do not ask your staff to compete to collect reviews.

  • Do not run surveys that ask for reviews from customers reporting positive experiences.

  • Do not ever offer freebies, discounts, or payment in exchange for reviews. It will turn off savvy consumers, and may also be illegal. Ourblex has a program to let people know about businesses that engage in this sort of activity. For the same reason, you also should not offer incentives for users to remove reviews.

Your best bet to get high quality and unbiased reviews about your business are to provide a memorable and amazing customer experience — not by asking your customers to post on Ourblex.

These terms and conditions (the “Event Terms”) govern attendance and participation in events listed on the Ourblex website, including parties, promotions, and contests.

As used throughout these Event Terms, the terms “we”, “us”, “our”, and “Ourblex” refer to Our Black Exchange Inc., St. Louis, MO 63034. The term “Ourblex Event” means an event, gathering, promotion, contest, meet-up, or the like that is organized or hosted by Ourblex. “Non-Ourblex Event” means an event, gathering, promotion, contest, meet-up, or the like that is organized by someone other than Ourblex but that may appear or be listed on the Ourblex website.

In order to participate or attend an Ourblex Event, you must first agree to these Event Terms. If, after reading these Event Terms, you find that you cannot or will not agree to any terms or conditions within it, please do not RSVP to or attend any Ourblex Event. If you RSVP to any Ourblex or Non-Ourblex Event through the Ourblex site (e.g., by clicking “I’m In!,” “RSVP,” or messaging an event organizer), you signal that you have read, understand, and agree to these Event Terms.

If you’re an Ourblex employee or agent, any inconsistencies between these Event Terms and other agreements you may have entered into with Ourblex will be resolved in favor of your employment agreements or contracts.

1. TRANSLATIONS

Our foreign language skills aren’t perfect, so while we translate these Event Terms into other languages for your convenience, any inconsistencies among the different versions will be resolved in favor of the English version. Similarly, any inconsistencies between these Event Terms and the Terms of Service will be resolved in favor of the Event Terms.

2. QUALIFICATIONS

You represent that (a) you are at least 21 years old (or otherwise over the legal drinking age in your jurisdiction), (b) you have the requisite power and authority to enter into these Event Terms, and (c) you have read and understood these Event Terms as well as Ourblex’s Terms of Service and Content Guidelines.

3. PHOTOS

Ourblex and its sponsors and vendors sometimes take photos and videos at Ourblex Events, and later use them for promotional purposes. By participating or attending any Ourblex Event, you agree that you may appear in some of these photos and videos, and you authorize their use in this fashion. On the flip side, if you take any photos or videos of attendees at a Ourblex Event and provide them to us, you authorize us to use them in the same fashion and represent that the attendees that appear in your photos and videos have also consented to such use.

We don’t control Non-Ourblex Events or the people that organize them. It’s possible that organizers or attendees of Non-Ourblex Events will take photos or shoot videos in which you appear and then post them online (including, possibly, the Ourblex site). By RSVP’ing to a Non-Ourblex Event through the Ourblex site, you authorize Ourblex’s use of such media for promotional purposes.

4. ASSUMPTION OF RISK / RELEASE OF LIABILITY / INDEMNITY

(a) Assumption of Risk. Although we try to create a safe environment at Ourblex Events, accidents or other bad things happen, even to good people. We ask that you do your part to help limit the possibility that you might get injured at an Ourblex Event.

You agree to carefully consider the inherent risks in any activities that you choose to take part in and to take reasonable precautions before you choose to attend or participate in an Ourblex Event. For example, you should ensure that you are in good physical health before engaging in any physical activity at an Ourblex Event, and you should always drink responsibly given the risks associated with drunk driving and participating in activities while your judgment is impaired. Second, please note that some of the other Ourblex Event guests may be less responsible than you, and may themselves create additional risk to you despite their best intentions.

In sum, you understand that your attendance and participation at Ourblex Events is voluntary, and you agree to assume responsibility for any resulting injuries to the fullest extent permitted under applicable law.

By the same token, you agree that Ourblex is not responsible for any injuries or accidents that you might sustain at Non-Ourblex Events listed on the Ourblex site.

(b) Release of Liability. You (for yourself, your heirs, personal representatives, or assigns, and anyone else who might make a claim on your behalf) hereby release, waive, discharge and covenant not to sue Ourblex and its respective parent companies, subsidiaries, affiliates, officers, directors, partners, shareholders, members, agents, employees, vendors, sponsors, and volunteers from any and all claims, demands, causes of action, damages, losses or expenses (including court costs and reasonable attorneys fees) which may arise out of, result from or relate in any way to your attendance at any Ourblex or Non-Ourblex Event, except, of course, for any gross negligence or willful misconduct on our part.

(c) Indemnity. By the same token, you agree to indemnify and hold Ourblex , its parents, subsidiaries, affiliates, officers, directors, employees, agents, and representatives harmless, including costs, liabilities, and legal fees, from any claim or demand made by any third party due to, related to, or connected with your attendance or conduct at any Ourblex or Non-Ourblex Event.

5. TERMINATION

While we hope not to, Ourblex may prohibit your attendance at any Ourblex Event at any time if you fail to abide by these Event Terms, the Terms of Service, or for any or no reason, without notice or liability of any kind. In the event of any termination, whether by you or us, Sections 1, 3-9 of these Event Terms will continue in full force and effect.

6. CHOICE OF LAW AND VENUE

Missouri law will govern these Event Terms, as well as any claim, cause of action or dispute that might arise between you and Ourblex (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN ST. LOUIS COUNTY, MISSOURI.

7. GENERAL TERMS

You agree that you will not represent yourself as an employee, representative, or agent of Ourblex (unless, of course, you are actually employed by Ourblex , in which case these Event Terms will govern your participation in any Ourblex Event to the extent such Terms are not inconsistent with Ourblex’s standard employment agreements or policies). We reserve the right to cancel any Ourblex Event at any time, for any reason, and without liability or prejudice. Any failure on Ourblex’s part to exercise or enforce any right or provision of the Event Terms does not constitute a waiver of such right or provision. If any provision of the Event Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Event Terms shall otherwise remain in full force and effect and enforceable.

8. UNOFFICIAL OURBLEX EVENTS

From time to time, members of the Elite Squad and the Ourblex Community organize their own meet-ups and events. Although Ourblex representatives sometimes join in the fun, these events are Non-Ourblex Events and are not sponsored or endorsed by Ourblex, even when they are promoted on the Ourblex website. If you organize an Unofficial Ourblex Event, you agree to (a) promote it as such, and (b) not create the impression that it is sponsored or endorsed by Ourblex. All terms and conditions relating to Non-Ourblex Events apply equally to Unofficial Ourblex Events.

Copyright © 2021 Ourblex Inc., St. Louis, MO 63034, U.S.A.

Last Updated: Jan. 1, 2021

Ourblex does not take kindly to those who abuse the intellectual property rights of others. If you believe that your copyright or trademark is being infringed on the Site, please send us a written notice with the following information:

1.     Identification of the copyrighted or trademarked work that you claim has been infringed;

2.     Identification of the allegedly infringing content and information reasonably sufficient to permit Black Exchange to locate it on the Site (e.g., the URL for the web page on which the content appears);

3.     A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law;

4.     A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner’s behalf; and

5.     Your physical or electronic signature, together with your contact information (address, telephone number, and, if available, email address).

At the same time, Ourblex does not take kindly to those who abuse the scope of their own intellectual property rights. If you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice with the following information:

1.     Identification of the copyrighted or trademarked work that was removed, and the location on the Site where it would have been found prior to its removal;

2.     A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work;

3.     A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located if you live in the United States. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to Black Exchange, or an agent of such person;

4.     Your physical or electronic signature, together with your contact information (address, telephone number, and, if available, email address).

We will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a user’s account if the user is determined to be a repeat infringer.

You can send us your copyright or trademark notices in the following ways.

Fill out our Contact Us or email us at info@ourblex.com

Download Terms of Service

Last Updated on January 1, 2021. These Terms of Service (which, together with the Business Terms below, are the “Terms”) are effective immediately for users accessing or using the Service without an Account or those registering Accounts on or after January 1, 2021, and will become effective January 31, 2021, for users with pre-existing Accounts.

PLEASE NOTE: THESE TERMS INCLUDE DISPUTE RESOLUTION PROVISIONS (SEE SECTION 13) THAT, WITH LIMITED EXCEPTIONS, REQUIRE THAT (1) CLAIMS YOU BRING AGAINST OURBLEX BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND (2) YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.

These Terms govern your access to and use of our products and services, including those offered through our websites, events, communications (e.g., emails, phone calls, and texts) and mobile applications (collectively, the “Service”). By accessing or using the Service, you are agreeing to these Terms, which form a legally binding contract with: (i) Our Black Exchange Inc., a Missouri corporation with its headquarters in St. Louis, Missouri. “Ourblex” means Ourblex Inc. Do not access or use the Service if you are unwilling or unable to be bound by the Terms.

DEFINITIONS

    1. Parties. You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses or in any way uses the Service. “We,” “us,” and “our” refer to Ourblex and its subsidiaries.
    2. Content. Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, photos, videos, compliments, invitations, check-ins, votes, friending and following activity, direct messages, and information that you contribute to your user profile or suggest for a business page. “User Content” means Content that users submit or transmit to, through, or in connection with the Service. “Ourblex Content” means Content that we create and make available in connection with the Service. “Third Party Content” means Content that originates from parties other than Ourblex or its users, which is made available in connection with the Service. “Service Content” means all of the Content that is made available in connection with the Service, including Your Content, User Content, Ourblex Content, and Third Party Content.
    3. Sites and Accounts. “Consumer Site” means Ourblex’s consumer website (www.Ourblex.com and related domains) and mobile applications. “Consumer Account” means the account you create to access or use the Consumer Site. “Business Account” means the account you create to access or use the Ourblex for Business Owners website (Ourblex.com and related domains) and mobile applications. “Account” means any Consumer Account or Business Account.

CHANGES TO THE TERMS

We may modify the Terms from time to time. The most current version of the Terms will be located here. You understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service. If we make material changes to these Terms, we will notify you by email, by posting notice on the Service, and/or by other methods prior to the effective date of the changes. We will also indicate at the top of this page the date that such changes were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Service after the effective date of changes to the Terms represents your acceptance of such changes.

TRANSLATION

We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Ourblex, and any inconsistencies among the different versions will be resolved in favor of the English version available here.

USING THE SERVICE

    1. Eligibility. To access or use the Service, you must have the requisite power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of Ourblex or if we have previously banned you from the Service or closed your Account.
    2. Permission to Use the Service. We grant you permission to use the Service subject to these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.
    3. Service Availability. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
    4. Accounts. You must create an Account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason.
      Your Consumer Account is for your personal, non-commercial use only, and you may not create or use a Consumer Account for anyone other than yourself. We ask that you provide complete and accurate information about yourself when creating an Account in order to bolster your credibility as a contributor to the Service. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Consumer Account to another person without Ourblex’s prior approval.
    5. Communications from Ourblex and Others. By accessing or using the Service, you consent to receive communications from other users and Ourblex through the Service, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote Ourblex or businesses listed on Ourblex, and may be initiated by Ourblex, businesses listed on Ourblex, or other users. You further understand that communications may be sent using an automatic telephone dialing system and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us has been changed or disconnected. Please note that any communications, including phone calls, with Ourblex or made through the Service may be monitored and recorded for quality purposes.

CONTENT

    1. Responsibility for Your Content. You alone are responsible for Your Content, and once posted to Ourblex, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with the personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Ourblex.
      You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.
    2. Our Right to Use Your Content. We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive and cause to be waived, against Ourblex and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
    3. Ownership. As between you and Ourblex, you own Your Content. We own the Ourblex Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Ourblex Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the Ourblex Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Ourblex Content are retained by us.
    4. Advertising. Ourblex and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.
    5. Other. User Content (including any that may have been created by users employed or contracted by Ourblex) does not necessarily reflect the opinion of Ourblex. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. Except in accordance with Ourblex’s Black Business Verification program, Ourblex does not attempt to verify any licenses a local business or its representatives may have, and consumers should inquire about any such licenses with the business directly. Businesses whose licenses have been verified by Ourblex will have a “Verified License” badge displayed on their Ourblex business page.

BOOKING AND TRANSACTING

    1. Generally. You can access features through the Service that allow you to book or transact online with local businesses, such as making restaurant or spa reservations, ordering food delivery, or scheduling appointments. These features may be provided by Ourblex’s third-party partners, including through iframes or similar formats, and their use may be governed by different or additional terms presented to you as part of the booking or transaction process. Please note that such third-party partners and/or the transacting local businesses themselves are responsible for fulfilling such bookings and transactions.
    2. Payments and Cancellations. You may be required to provide your credit card information to confirm a booking, and will be charged any applicable fees, including cancellation or no-show fees in accordance with the transacting local business’s cancellation policy provided at the time of booking. You agree that Ourblex may facilitate any such payments and charges on behalf of the transacting local business.
    3. Coupons. Any coupons that Ourblex might issue for use in connection with the Service are non-transferable (unless required by law), not redeemable for cash or any other consideration, and automatically expire thirty (30) days after the issue date unless otherwise specified. If your Account is terminated you will not be able to use any unexpired and unused coupons, and any such coupons will automatically terminate and cannot be redeemed unless required by law.

REPRESENTATIONS AND WARRANTIES

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

      1. You represent and warrant that:
        • You have read and understood our Content Guidelines;
        • You have read and understood our Privacy Policy. If you use the Service outside of the United States of America, you consent to have your personal data transferred to and processed in the United States of America; and
        • Prior to attending any event listed on the Service, you have read and agree to our Event Terms and Conditions.
      2.  You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Service to:
        • Violate our Terms, including the Content Guidelines and Event Terms and Conditions;
        • Post any fake or defamatory review, trade reviews with others, or compensate someone or be compensated to post, refrain from posting, or remove a review;
        • Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
        • Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
        • Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except in connection with a Business Account in accordance with the Business Terms;
        • Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results, review Recommendation Software (as defined in the Business Terms below), or any third party website;
        • Solicit personal information from minors, or submit or transmit pornography;
        • Violate any applicable law;
        • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than Your Content), except as expressly authorized by Ourblex;
        • Use any robot, spider, Service search/retrieval application, or other automated devices, process or means to access, retrieve, copy, scrape, or index any portion of the Service or any Service Content, except as expressly permitted by Ourblex (for example, as described at www.Ourblex.com/robots.txt);
        • Reverse engineer any portion of the Service, unless applicable law prohibits this restriction, in which case you agree to provide us with 30 days’ prior written notice here;
        • Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
        • Record, process, or mine information about users;
        • Access, retrieve, or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;
        • Reformat or frame any portion of the Service;
        • Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Ourblex’s technology infrastructure or otherwise make excessive traffic demands of the Service;
        • Attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password mining, or any other means;
        • Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware, or other items of a destructive or harmful nature;
        • Use any device, software, or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
        • Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content; or
        • Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.

ADDITIONAL POLICIES AND TERMS 

    1. Copyright and Trademark Disputes. You agree to follow our Infringement Policy in notifying us about copyright and trademark disputes concerning User Content. You agree we may forward any notification sent pursuant to our Infringement Policy to the user who submitted the User Content at issue.
    2. Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines that we may post on or link to from the Service (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms. If you have a Business Account, the Business Terms provided below apply to you.

SUGGESTIONS AND IMPROVEMENTS

By sending us any ideas, suggestions, documents, or proposals (“Feedback”), you agree that (i) your Feedback does not contain any third party confidential or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Ourblex and its users any claims and assertions of any moral rights contained in such Feedback.

THIRD PARTY CONTENT AND SERVICES

    1. The Service may host Third Party Content, or include links to other websites or applications (each, a “Third Party Service”). We do not control or endorse any Third Party Content or Third Party Service. You agree that we are not responsible for the availability, accuracy, or content of any such Third Party Content or Third Party Service. Your use of and reliance on any Third Party Content or Third Party Service is at your own risk.

Some of the services made available through the Service and Third Party Services may be subject to additional third party terms of service, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies, including without limitation the ones posted here. It is your responsibility to familiarize yourself with any such applicable third party terms.

INDEMNITY

You agree to indemnify, defend, and hold harmless Ourblex, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “Ourblex Entities”) from  and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs)  arising out of or relating to: (i) your access to or use of the Service, including Your Content, (ii) your violation of the Terms, (iii) your breach of your representations and warranties provided under these Terms, (iv) any products or services purchased or obtained by you in connection with the Service, (v) your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Ourblex reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Ourblex. Ourblex will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE OURBLEX ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

    1. THE SERVICE AND SERVICE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE OURBLEX ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE OURBLEX ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA, OR THE SERVICE CONTENT. ACCORDINGLY, THE OURBLEX ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICE, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.
    2. THE OURBLEX ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SERVICE OR THAT OFFER GOODS OR SERVICES THROUGH THE SERVICE, OR THE SERVICE’S USERS. ACCORDINGLY, THE OURBLEX ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SERVICE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.
    3. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
    4. THE OURBLEX ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE OURBLEX ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
    5. THE OURBLEX ENTITIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OURBLEX ENTITIES WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, (v) LOSS OF INFORMATION OR DATA; OR (vi) LIABILITY WITH RESPECT TO A CONSUMER ALERT POSTED ON ANY OURBLEX BUSINESS PAGES FOR YOUR BUSINESS. THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION 12 WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

ARBITRATION, DISPUTES, AND CHOICE OF LAW

    1. If you are a resident of the United States or Canada:
      • EXCEPT FOR EXCLUDED CLAIMS: ANY CLAIM, CAUSE OF ACTION, REQUEST FOR RELIEF OR DISPUTE THAT MIGHT ARISE BETWEEN YOU AND OURBLEX (“CLAIMS”) MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN OUR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND OURBLEX AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND OURBLEX EXPRESSLY WAIVE THE RIGHT TO TRIAL BY A JURY.
      • Excluded Claims” means: (a) Claims brought by you or Ourblex that could be brought in small claims court, if permitted by the rules of that court, or (b) Claims related to intellectual property (like copyrights and trademarks), violations of Ourblex’s API Terms of Use (which, for clarity, are governed by those terms), or a breach of Section 7 above (Representations and Warranties). Excluded Claims may be brought in court. Any issues relating to the scope and enforceability of the arbitration provision will be resolved by the arbitrator. If any Claim cannot be arbitrated in accordance with this provision, then only that Claim may be brought in court and all other Claims remain subject to arbitration. Notwithstanding this paragraph, Business Claims, as defined in Section 3 of the Additional Terms for Business Accounts, are governed by that section.
      • Excluded Claims and Claims that cannot be arbitrated must be brought in court. Missouri law will govern these Terms (to the extent not preempted or inconsistent with federal law), as well as any such Excluded Claim or Claim that cannot be arbitrated, without regard to conflict of law provisions. You or Ourblex may seek relief in any small claims court of competent jurisdiction. All other Excluded Claims and Claims that cannot be arbitrated are subject to the exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within St. Louis, Missouri, and you consent to the personal jurisdiction of these courts for the purpose of litigating any such Claim.
      • Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rulesthen in effect. For more information, visit www.adr.org. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
      • Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Ourblex will pay all filing, AAA, and arbitrator’s fees and expenses. We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.
    2. If you are a resident of a country located in the EEA or Switzerland, Irish law will govern these Terms, as well as any dispute that might arise between you and Ourblex.
      • You agree that any subpoena, third-party discovery request, or other third-party process directed to Ourblex must issue from, or be domesticated by, the state or federal courts located within St. Louis County, Missouri, and you agree to submit to the jurisdiction of each of these courts for any related proceedings.

TERMINATION

    1. You may terminate the Terms at any time by closing your Account, discontinuing any access to or use of the Service, and providing Ourblex with a notice of termination here.
    2. We may close your Account, suspend your ability to use certain portions of the Service, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Service, Your Content, Service Content, or any other related information.
    3. In the event of any termination of these Terms, whether by you or us, Sections 1, 3,  5, 7–15 of the Terms of Service will continue in full force and effect.

GENERAL TERMS

    1. We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
    2. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
    3. The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
    4. Any failure on Ourblex’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms may not be waived, except pursuant to a writing executed by Ourblex.
    5. If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
    6. The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with Ourblex’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
    7. You agree that no joint venture, partnership, employment, agency, a special or fiduciary relationship exists between you and Ourblex as a result of these Terms or your use of the Service.
    8. The section titles in the Terms are for convenience only and have no legal or contractual effect.

Copyright © 2021 Ourblex Inc., Saint Louis, MO 63034, U.S.A.

__________________________________________________________________________________________________________________________

ADDITIONAL TERMS FOR BUSINESS ACCOUNTS 

Last Updated on Jan 1, 2021.

The following terms (“Business Terms”), in addition to the Terms of Service above, govern your access to and use of your Business Account. In the event of any conflict between these Business Terms and the Terms of Service, the Business Terms apply. If you have purchased products or services from Ourblex on behalf of your business (e.g., advertising or business tools), the terms of that purchase apply in the event of any conflict with these Business Terms. Capitalized words used but not defined in these Business Terms have the meanings described in the Terms of Service. By creating, accessing, or using your Business Account, you are agreeing to these Business Terms and concluding a legally binding contract with Ourblex. You are not authorized to create, access, or use a Business Account if you do not agree to these Business Terms.

PLEASE READ THESE BUSINESS TERMS CAREFULLY AS THEY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

In the event of any termination of these Business Terms, whether by you or us, these Business Terms in their entirety will continue in full force and effect.

REQUIREMENTS, REPRESENTATIONS AND WARRANTIES

    1. In order to access or use the Services, you agree that:
      • you have the authority to act on behalf of the business or businesses associated with or claimed through your Business Account and bind any such business (including any corresponding business entity) to the Business Terms (such business or businesses, your “Business”);
      • your access to or use of the Business Site will only be in your capacity as an authorized representative of your Business;
      • you will not use the Consumer Site for business activities, including but not limited to flagging reviews or messaging people who have reviewed your Business;
      • your Business complies with applicable laws and does not offer, advertise, sell, or lease illegal products and/or services;
      • you grant Ourblex a non-transferable, non-exclusive, royalty-free limited license to display your public website on the Services, or allow for its display through iframes or other framing technology;
      • you agree that we may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business, and that our communications (including phone calls) with you may be monitored and recorded for quality purposes;
      • you understand that we may display health score information for your Business, and may place a Consumer Alert regarding that health score, on the business page for your Business;
      • you understand and agree that we may share certain aggregated or otherwise de-identified information about your responses to Request a Quote leads with other Businesses, for example, the number of total Businesses responding to the lead and the speed of those responses; and
      • you understand and acknowledge that non-disparagement clauses in certain consumer contracts, such as clauses that seek to restrict or prohibit reviews (including provisions that penalize consumers for posting reviews) about your Business, are prohibited under Missouri law (MO. Rev Stat § 506.010) and under the federal Consumer Review Fairness Act (15 U.S. Code § 45b) and you agree that you will not include such clauses in your consumer contracts, or otherwise attempt to enforce non-disparagement or ‘gag’ clauses against consumers under any circumstances. You understand that we may publicly notify consumers, including by placing a Consumer Alert on the business page for your Business, if we have a good faith belief that such clauses are used by your Business.
    2. You represent and warrant that you will not, and will not authorize or induce any other party, to:
      • offer incentives of any kind, such as discounts, freebies, refunds, gift cards, contest entries, offers, or deals in exchange for the posting of reviews of your Business, or to prevent or remove reviews, and you understand and acknowledge that Ourblex, through its Consumer Alerts, may publicly notify consumers about such incentives and other attempts to obtain, prevent, or remove reviews;
      • solicit or ask for reviews from your customers;
      • write reviews or vote on Content (e.g., voting user reviews as useful, funny, or cool) for your Business or your Business’s competitors;
      • pay or induce anyone to post, refrain from posting, or remove reviews, or otherwise attempt to circumvent Ourblex’s Recommendation Software (defined below) or fraud detection systems;
      • attempt to generate automated, fraudulent, or otherwise invalid ad impressions, inquiries, conversions, ad clicks, or other actions;
      • use any automated means or form of scraping or data extraction to access, query, or otherwise collect Ourblex data, content, and/or reviews from the Consumer Site or the Business Site, except as expressly permitted by Ourblex (for example, as described at www.Ourblex.com/robots.txt);
      • use any Ourblex trademark or service mark in any manner without Ourblex’s prior written consent; or
      • misrepresent your identity or affiliation to anyone in connection with Ourblex.
    3. You understand and acknowledge that Ourblex allows consumers to post Content about your Business, including photos, ratings, and reviews. You understand and acknowledge that Ourblex employs automated software in an effort to showcase the most reliable and useful reviews while displaying other reviews less prominently (“Recommendation Software”). You understand and acknowledge that while Ourblex uses its Recommendation Software to identify potentially less helpful reviews, the Recommendation Software may sometimes suppress legitimate reviews or fail to detect illegitimate reviews. You understand and acknowledge that any purchase of advertising or other paid features from Ourblex will not influence the Recommendation Software or otherwise allow or enable You, directly or indirectly, to alter reviews or impact whether, where, or how reviews appear on Ourblex.
      The following Sections 2 and 3 apply if you are a resident of the United States or Canada only:

DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE OURBLEX ENTITIES TO YOU. FOR CLARITY, THE BELOW APPLIES IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY DETAILED IN SECTION 12 OF THE TERMS.
The federal Communications Decency Act (47 U.S. Code § 230) limits the liability of interactive computer services, like Ourblex, for their role in publishing third-party Content, including consumer reviews. Additionally, anti-SLAPP laws, such as  Rev. Stat § 537.528 in Missouri, may require you to pay Ourblex’s attorneys’ fees if you attempt to impose such liability on Ourblex through legal proceedings.

ARBITRATION, DISPUTES, AND CHOICE OF LAW

FOR CLARITY, THIS SECTION GOVERNS ANY BUSINESS CLAIM BROUGHT BY YOU OR OURBLEX. ANY CLAIM NOT SUBJECT TO THIS SECTION IS INSTEAD GOVERNED BY SECTION 13 OF THE TERMS.
Except for Excluded Business Claims, any controversy or claim arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of your Business Account Business Site; (each such controversy or claim, a “BusinessClaim”), shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator will not have the power to commit errors of law, and the award may be vacated or corrected through judicial review by a court of competent jurisdiction under the Missouri Arbitration Act for any such error. “Excluded Business Claims” means Claims related to intellectual property (like copyrights and trademarks) or violations of Section 7 of the Terms of Service (Representations and Warranties).

Business Claims shall be heard by a single arbitrator. Arbitrations will be held in Saint Louis, MO, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the laws of the State of Missouri. The prevailing party shall be entitled to an award of reasonable attorneys’ fees.

NOTWITHSTANDING THE FOREGOING, FOR ANY BUSINESS CLAIM THAT IS NOT SUBJECT TO ARBITRATION, INCLUDING WITHOUT LIMITATION EXCLUDED BUSINESS CLAIMS, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN ST LOUIS COUNTY, MISSOURI, WHICH IS THE PLACE OF PERFORMANCE OF THESE BUSINESS TERMS.

YOU AND OURBLEX AGREE THAT EACH MAY BRING OR PARTICIPATE IN BUSINESS CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND OURBLEX AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE BUSINESS CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A BUSINESS CLAIM IMPLICATES THIS SECTION, AND THIS SECTION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT, SUCH BUSINESS CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.

Copyright © 2021 Ourblex Inc., Saint Louis, MO 63034, U.S.A.