Terms and Conditions of Use
March 10, 2020
Welcome to “eBumps.com”, the website of eBumps Inc., a Delaware corporation (the
“the Company” or “us”). These are the terms and conditions for using this website (the
“Website”).
By using the Website, you accept these terms and conditions in full; accordingly, if you
disagree with these Terms and Conditions or any part of these Terms and Conditions,
you must not use this Website.
BUSINESS OF THE COMPANY
The Company provides goods and services, including advertising-related services
through this Website and through the Company’s other resources and tools.
The Company provides goods and services, including advertising-related services
through this Website and through the Company’s other resources and tools. The
Company produces a medium for the user monetization of mobile electronic messages
for viewing on the Company’s proprietary LCD screens, which are affixed to vehicles.
These devices are referred to as “eBumps”
TM.
The portal through which the Company’s customers order advertisements is called the
“Ad Store”
TM. The Ad Store will be a place for advertisers to log on through a Website
and list new advertisements as well as conduct other confidential business. The Ad
Store is not public but is instead a confidential portal for use by individual customers of
the Company.
Customers of the Company can use this Website to gain access to the Ad Store and
order new advertisements to be displayed on vehicles identified by the Company and
displayed on eBumps throughout the service area. (The services provided by the
Company, including this Website, the user interface, the generation of customer’s
customized eBumps, and all related services, are called the ”Company Services"). The
Company provides the Company Services subject to these Terms and Conditions and
other terms described elsewhere in connection with the actual production and display of
customer advertising messages.
Your use of this Website is private and we will not sell or share your personal
information with any third party. We will use information from you and other customers
to help plan for demand for Company Services and the availability of hardware and
vehicles for customers generally.
Our eBumps when displayed on vehicles are provided at customers’ requests and
appear in public. The content of the eBumps on display is not private, although the
customer’s information may or may not be included in the eBumps message itself.
Because the eBumps displays are pubic, we will monitor their content. You are not
permitted to request eBumps or other advertising materials which IN OUR SOLE
JUDGEMENT are illegal, obscene, vulgar, racist, threatening, defamatory, invasive of
privacy, infringing of intellectual property rights (including publicity rights), or otherwise
injurious to third parties or is objectionable. In using this Website or obtaining
Company Services, you may not use a false identity or e-mail address, or impersonate
any person or entity, or otherwise mislead as to the origin of any use of this Website or
any Company Services or the generation of any eBumps. The Company reserves the
right (but not the obligation) to remove or edit content provided by customers for use on
eBumps.
PRIVACY
Please review our Privacy Notice, which also governs your use of Company Services, to
understand our practices.
ELECTRONIC COMMUNICATIONS
When you use Company Services, or send e-mails, text messages, and other
communications from your desktop or mobile device to us, you will be communicating
with us electronically. You consent to receive communications from us electronically,
such as e-mails, texts, mobile push notices, or notices and messages on this site. You
agree that all agreements, notices, disclosures, and other communications that we
provide to you electronically satisfy any legal requirement that such communications be
in writing.
COPYRIGHT
All content included in or made available through any the Company Service, such as
text, graphics, logos, button icons, images, audio clips, digital downloads, data
compilations, and software is the property of the Company or its content suppliers and
protected by United States and international copyright laws. The compilation of all
content included in or made available through any the Company Service is the exclusive
property of the Company and protected by U.S. and international copyright laws.
TRADEMARKS
The Company has several trademarks in use. Graphics, logos, page headers, button
icons, scripts, and service names included in or made available through any the
Company Service are trademarks or trade dress of the Company in the U.S. and other
countries. The Company's trademarks and trade dress may not be used in connection
with any product or service that is not the Company's, in any manner that is likely to
cause confusion among customers, or in any manner that disparages or discredits the
Company. All other trademarks not owned by the Company that appear in any the
Company Service are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by the Company.
PATENTS
The Company Services and the features and services accessible via this Website are
subject to one or more patents or pending patents.
YOUR ACCOUNT
As a customer of the Company, you will have a Company account to enable you to use
certain Company Services and make payments to the Company You will be required to
be logged in to the account and have a valid payment method associated with it. If there
is a problem charging your selected payment method, we may charge any other valid
payment method associated with your account. You are responsible for maintaining the
confidentiality of your account and password and for restricting access to your account,
and you agree to accept responsibility for all activities that occur under your account or
password.
You must be over 18 years of age to use this Website or obtain Company Services.
COMMUNICATIONS AND OTHER CONTENT
You grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create
derivative works from, distribute, and display the content of publicly-displayed eBumps
and eBumps messages throughout the world in any media.
INTELLECTUAL PROPERTY COMPLAINTS
The Company respects the intellectual property of others. If you believe that your
intellectual property rights are being infringed, please notify us through the Contact
section of the Website.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE COMPANY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS,
PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY SERVICES
ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS,
UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS
TO THE OPERATION OF THE COMPANY SERVICES, OR THE INFORMATION,
CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH
THE COMPANY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU
EXPRESSLY AGREE THAT YOUR USE OF THE COMPANY SERVICES IS AT YOUR
SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. COMPANY DOES NOT WARRANT THAT THE COMPANY SERVICES,
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR
OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THE COMPANY SERVICES, COMPANY'S SERVERS OR ELECTRONIC
COMMUNICATIONS SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW,
COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF ANY COMPANY SERVICE, OR FROM ANY INFORMATION,
CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH
ANY COMPANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE
SPECIFIED IN WRITING.
DISPUTES
Any dispute or claim relating in any way to your use of any the Company Service, or to
any products or services sold or distributed by the Company or through the
Company.com will be resolved by binding arbitration, rather than in court, except that
you may assert claims in small claims court if your claims qualify. The Federal
Arbitration Act and federal arbitration law apply to these Terms and Conditions.
There is no judge or jury in arbitration, and court review of an arbitration award is
limited. However, an arbitrator can award on an individual basis the same damages and
relief as a court (including injunctive and declaratory relief or statutory damages), and
must follow the terms of these Terms and Conditions as a court would.
APPLICABLE LAW
By using any the Company Service, you agree that the Federal Arbitration Act,
applicable federal law, and the laws of the Commonwealth of Pennsylvania, without
regard to principles of conflict of laws, will govern these Terms and Conditions and any
dispute of any sort that might arise between you and the Company.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your
use of Company Services. We reserve the right to make changes to our site, policies
and these Terms and Conditions at any time. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that condition shall be deemed severable
and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
1948 Brooke Drive, New Hope,
Pennsylvania, 18938.
COMPLIANCE AND INDEMNIFICATION
It is important and necessary that you comply with all of these Terms and Conditions.
Failure to do so may result in termination of your account, your access to the Ad Shop
and any licenses or permits that the Company has granted you.
You agree to indemnify the Company from and against any and all liabilities, costs,
demands, causes of action, damages and expenses (including reasonable attorney’s
fees) arising out of or in any way related to your breach of any of the provisions of these
Terms and Conditions.
PRIVACY POLICY