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