PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. USE OF THE BUMPERAD SERVICES (THE “SERVICES”) IS SUBJECT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE. BY ESTABLISHING A BUMPERAD ACCOUNT, YOU AGREE THAT THESE TERMS AND CONDITIONS OF USE REPRESENT THE ENTIRE AGREEMENT CONCERNING THE SERVICES, AND THAT THESE TERMS AND CONDITIONS SUPERSEDE ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING WITH RESPECT TO THE SERVICES. NO OTHER COMMUNICATION WILL BE CONSTRUED AS, OR CONSTITUTE, A WAIVER OF THESE TERMS AND CONDITIONS OF USE, OR ACCEPTANCE OF ANY ADDITIONAL TERMS, CONDITIONS OR SPECIFICATIONS, AND BUMPERAD HEREBY OBJECTS TO ANY SUCH ADDITIONAL OR CONTRARY TERMS, CONDITIONS OR SPECIFICATIONS.
1. CUSTOMERS. All BumperAd customers must be at least 18 years old and legally able to agree to these Terms and Conditions, and must provide and update accurate registration information.
2. ACCESS. You will choose a username and password to use in accessing the BumperAd web site (the “Site”) for purposes of using the Services. Your username and password will allow you to post and modify information, images and other content on the Site when you purchase Services from BumperAd. You must not share that username and password with any other party. You assume responsibility for any unauthorized use of your username or password, and you must promptly inform BumperAd of any actual or suspected unauthorized use. BumperAd may terminate any account that BumperAd determines is inactive for a substantial period of time.
3. TERMINATION. BumperAd may at any time terminate or suspend your access to the Site as BumperAd considers appropriate or necessary in its sole discretion for security reasons, as a result of non-payment, any alleged or suspected breach of these Terms and Conditions, or to protect intellectual property. BumperAd may also impose limits on certain features and functions of the Site or the Services, or restrict your access to the Site or Services without notice or liability. BumperAd will not be obligated to provide any refund of fees for services that are suspended or terminated as a result of the termination of your account.
4. SECURITY. You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the Site or the Services or of the networks connected to the Site, and to abide any security policies adopted by BumperAd. You acknowledge and agree that BumperAd may monitor your access and use of the Site for security purposes.
5. SERVICE. You may use the Services only for the purposes for which they are intended. Any other use of the Services is strictly prohibited. BumperAd may change the Services at any time. BumperAd will try to provide reasonable notice of any changes in the Services, but is not obligated to do so. You will abide by such additional rules and restrictions as BumperAd may impose with respect to any Service you purchase.
6. CUSTOMER CONTENT. All information, images and other content you post on the Site (the “Customer Content”) must (i) comply with any rules and restrictions as BumperAd may impose with respect to the BumperAd Service for which the Customer Content is posted, (ii) not be offensive, profane, indecent, obscene, threatening, abusive, libelous or illegal, and (iii) not contain any virus, worm, Trojan horse, worm, time bomb or other harmful or disabling device or code, (iii) not constitute or encourage conduct that would constitute a criminal offense, give rise to a civil liability or otherwise violate law, and (iv) not violate, plagiarize or infringe the rights of third parties whether of a proprietary nature or otherwise. You are responsible for maintaining back-up copies, and taking other steps necessary to protect Customer Content, information or data from loss. BumperAd assumes no responsibility for lost Customer Content or the recovery of lost Customer Content.
In order to permit BumperAd to provide the Services you purchase, and for the purpose of promoting the Services, you grant BumperAd a perpetual, worldwide, irrevocable, royalty-free license, with the right to grant sublicenses, to (i) modify and create derivative works based upon the Customer Content, and (ii) reproduce, display and distribute the Customer Content, modified Customer Content and derivative works based upon the Customer Content.
7. TRANSACTIONAL DATA. “Transactional Data” means all information collected by BumperAd, or to which BumperAd has access, that relates to the Services you purchase, your use of the Site, and transactions between you and your customers made in conjunction with the Services. You grant BumperAd a perpetual, worldwide, irrevocable, royalty-free license, with the right to grant sublicenses, to (i) use Transactional Data in any manner for BumperAd’s internal business purposes, including the provision of services to BumperAd customers and other third parties, (ii) prepare and distribute reports and analyses of Transactional Data, provided that such reports and analyses do not disclose your identity or the identity of your customers, and (iii) distribute and disclose Transactional Data that is de-identified and aggregated with other data, and grant third parties rights use and analyze such data for their internal business purposes.
8. INTELLECTUAL PROPERTY. You acknowledge and agree that all information and content that you access or that is made available to you through the Site, including, but not limited to, information, text, graphics, trademarks, logotypes, data and data compilations, is the property of BumperAd, its customers or its suppliers. United States and international trademark, copyright and other intellectual property right laws protect that information and content. Any software that is accessed or made available through the Service may be used only for the purpose of the Service. You may not reverse engineer, decompile or disassemble that software, or attempt to do so.
9. DISCLAIMER OF WARRANTIES. THE SERVICES AND ALL PRODUCTS PROVIDED TO FOR USE WITH THE SERVICE ARE MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE.” BUMPERAD MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SERVICES OR SUCH PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH BUMPERAD HEREBY EXPRESSLY DISCLAIMS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS ON IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
BUMPERAD DOES NOT GUARANTEE THAT YOUR ACCESS TO THE SITE OR THE SERVICES WILL BE UNINTERUPTED OR ERROR-FREE, OR THAT THE INFORMATION OR OTHER CONTENT OBTAINED THROUGH THE SITE OR THE SERVICES WILL BE USEFUL OR THAT IT WILL SATISFY YOUR REQUIREMENTS. BUMPERAD WILL NOT BE LIABLE FOR ANY DELAY, DOWN TIME, OR OTHER FAILURE OF PERFORMANCE, BUT BUMPERAD WILL USE REASONABLE EFFORTS TO CORRECT ANY MATERIAL PERFORMANCE PROBLEM BROUGHT TO ITS ATTENTION.
10. LIMITATION OF LIABILITY. BUMPERAD WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO, THE SITE OR THE SERVICES, YOUR USE OF THE SITE OR THE SERVICE, OR ANY OTHER PERFORMANCE UNDER, OR PURSUANT TO THESE TERMS AND CONDITIONS (INCLUDING LIABILITY FOR NEGLIGENCE) EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF BUMPERAD.
IN NO EVENT WILL BUMPERAD’S LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF BUMPERAD SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, OR EXCEED THE AMOUNT OF FEES YOU HAVE PAID IN THE SIX MONTHS PRIOR TO ANY CLAIM YOU MAY MAKE.
11. INDEMNIFICATION. You will indemnify and hold BumperAd harmless from all cost, liability and expense arising out of the use of the Site and Services you purchase, and transactions with your customers that are incident to or related to the Services or the Site. This indemnification will include, but not limited to, third party claims related to Customer Content made accessible by the through the Site and claims made by your customers.
12. ASSIGNMENT. BumperAd may assign its rights and obligations under these Terms and Conditions without your consent. You may not assign any of your rights and obligations under these Terms and Conditions without the prior written consent of BumperAd.
13. NOTICES. Any notice permitted or required to be given by you under these User
Terms and Conditions will be deemed given and effective when sent to BumperAd at: Support@BumperAd.com.
Any notice permitted or required to be given by BumperAd under these User Terms and Conditions will be given and effective when sent to you at the e-mail address provided in your registration for the Services.
14. GOVERNING LAW. These Terms and Conditions will be interpreted and construed in accordance with the laws of the State of Minnesota. Any action arising out of, or relating to, this Agreement may be brought in courts situated in Minnesota, and you consent to the jurisdiction of such courts.
15. GENERAL. If any of these Terms and Conditions conflict with any applicable statute or rule of law, the affected terms and conditions will be deemed inoperative. In the event that any part of these Terms and Conditions is held illegal, void or ineffective, the remaining portions will remain in full force and effect. No failure by either party to take any action or assert any right under these Terms and Conditions will be deemed to be a waiver of that right in the event of the continuation or repetition of the circumstances giving rise to that right