This website or application, Billboard Sign America (BillboardSignAmerica or BBSA), is operated by Proptitan Inc. BillboardSignAmerica provides related services for personal non-commercial use only, subject to your compliance with this Terms of Use Agreement (the “Agreement”).
Please carefully read this Agreement before using the BillboardSignAmerica Site. By accessing this BillboardSignAmerica Site, including browsing, using information or content from, submitting information through, and/or using any services on this site, you agree to be bound by the terms, conditions, policies, and notices contained in this Agreement. These include terms related to disclaimers of warranties, damage and remedy exclusions and limitations, binding arbitration on an individual (non-class) basis, and a choice of New York law, except where expressly set forth otherwise herein. If you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this BillboardSignAmerica Site.
This Agreement outlines BillboardSignAmerica’s policies regarding the operation of the BillboardSignAmerica Sites. Other policies govern BillboardSignAmerica’s non-Internet operations. Certain products or services offered by this or other BillboardSignAmerica Sites (each a “BillboardSignAmerica Internet Service,” collectively “BillboardSignAmerica Internet Services”), and certain areas within this or other BillboardSignAmerica Sites, may be governed by additional terms (“Additional Terms”) presented with those products or services. You must agree to those Additional Terms before using those areas or BillboardSignAmerica Internet Services. The Additional Terms and this Agreement, taken together, apply to your use of those areas or BillboardSignAmerica Internet Services. In case of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall prevail.
You may not use any BillboardSignAmerica Site for any purpose that is unlawful or prohibited by this Agreement and/or any applicable Additional Terms. Your access to any BillboardSignAmerica Site may be terminated immediately, at BillboardSignAmerica’s sole discretion, with or without notice, if you fail to comply with any provisions of this Agreement and/or any applicable Additional Terms, or for any other reason, or no reason.
You may only access and use this BillboardSignAmerica Site if you meet the following criteria. By using this site, you represent and warrant that: (a) you are a legal resident of the United States; (b) you are at or above the legal age of majority in your jurisdiction of residence (18 years or older in most states); (c) you own or have sufficient authorization to use the computer, mobile device, technology, or other device you use to access this BillboardSignAmerica Site (collectively, “Device”); and (d) you will access and use this BillboardSignAmerica Site in accordance with this Agreement. Users under the age of 18 are not permitted to use or access this BillboardSignAmerica Site.
Agreement to Arbitrate Disputes; Class Action Waiver; Choice of Law.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. DO NOT USE THIS BILLBOARDSIGNAMERICA SITE IF YOU DO NOT AGREE TO THE FOLLOWING BINDING ARBITRATION TERMS AND CLASS ACTION WAIVER TERMS (the “Agreement to Arbitrate Disputes”).
We Both Agree to Arbitrate
You and BillboardSignAmerica agree to resolve any claims relating to this Agreement, any Additional Terms, the BillboardSignAmerica Site, our services, or our Privacy Statement through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate BillboardSignAmerica’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights), BillboardSignAmerica may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the same, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights), without first engaging in arbitration.
You are entitled to opt-out of the arbitration provisions of the Agreement to Arbitrate Disputes. You may do so by emailing contact@billboardsignamerica.com within thirty (30) days of your first visit to or use of this BillboardSignAmerica Site, with the subject line “Arbitration opt-out”. If you opt-out of the arbitration provisions, you may bring claims against BillboardSignAmerica in a court of law on an individual (non-class) basis as set forth in the “Choice of Law / Forum Selection” section below.
What is Arbitration
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Agreement to Arbitrate Disputes is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
Arbitration Procedures
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to this Agreement, the BillboardSignAmerica Site, our services, or our Privacy Statement shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“Arbitration Rules”) in front of one arbitrator. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at www.jamsadr.com/rules-streamlined-arbitration/ or 1-800-352-5267. To initiate arbitration, you or BillboardSignAmerica must do the following things:
- Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a demand for arbitration at www.jamsadr.com/submit/.
- Send three copies of the demand for arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
- Send one copy of the demand for arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden, and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator
The arbitrator will decide the rights and liabilities, if any, of you and BillboardSignAmerica, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and BillboardSignAmerica.
No Class Actions
YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS. You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
Waiver of Jury Trial
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and BillboardSignAmerica in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BILLBOARDSIGNAMERICA WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
Choice of Law/Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, this Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a federal or state court of competent jurisdiction located in New York, NY.
Mobile Devices
If permitted or available through the applicable BillboardSignAmerica Internet Service, to (a) upload content to this BillboardSignAmerica Site via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse this BillboardSignAmerica Site from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which BillboardSignAmerica makes the BillboardSignAmerica Internet Service available as well as any carrier services necessary to download content, and pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the BillboardSignAmerica Internet Service, including, but not limited to, if this BillboardSignAmerica Site contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the BillboardSignAmerica Internet Service and to use any part of that Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with BillboardSignAmerica’s or this BillboardSignAmerica Site’s operations or the BillboardSignAmerica Internet Service. Any equipment or software causing interference will be immediately disconnected from the BillboardSignAmerica Internet Service, and BillboardSignAmerica will have the right to immediately terminate this Agreement. If any upgrade in or to the BillboardSignAmerica Internet Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current BillboardSignAmerica Internet Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement. You agree to follow and comply with any applicable laws in your use of the BillboardSignAmerica Internet Service.
Changes to This Agreement
BillboardSignAmerica reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. BillboardSignAmerica will provide notice of such change on this BillboardSignAmerica Site. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of this BillboardSignAmerica Site and/or BillboardSignAmerica Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this BillboardSignAmerica Site and/or the BillboardSignAmerica Internet Service to which the changes may apply.
Privacy and Protection of Personal Information
BillboardSignAmerica has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, disclosure and protection of personal information. You can find the Privacy Statement by clicking here.
Accounts, Security, Passwords
If a particular BillboardSignAmerica Site or BillboardSignAmerica Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify BillboardSignAmerica immediately of any unauthorized use of your account. BillboardSignAmerica is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular BillboardSignAmerica Internet Service.
User Code of Conduct
n accessing and using this BillboardSignAmerica Site and/or the BillboardSignAmerica Internet Services, you agree that you will not:
- Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
- Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this BillboardSignAmerica Site, or any postings which advocate illegal activity.
- Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
- Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
- Deliver, or provide links to, any postings containing defamatory, false or libelous material.
- Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
- Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
- Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
- Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
- Use this BillboardSignAmerica service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this BillboardSignAmerica Site or other users’ Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
- Attempt to gain unauthorized access to this BillboardSignAmerica Site, any related website, other accounts, computer system, or networks connected to this BillboardSignAmerica Site, through hacking, password mining, or any other means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this BillboardSignAmerica Site, including harvesting or otherwise collecting information about others such as email addresses.
- Develop, support, or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape this BillboardSignAmerica Site or otherwise copy any data from the BillboardSignAmerica Internet Services.
- Override any security feature or bypass or circumvent any access controls or use limits of this BillboardSignAmerica Site or the BillboardSignAmerica Internet Services.
- Use, disclose, or distribute any information obtained from this BillboardSignAmerica Site or the BillboardSignAmerica Internet Services outside of the permitted uses expressly granted to you, without the consent of BillboardSignAmerica.
Fees
Except where otherwise provided, access to and use of this BillboardSignAmerica Site and the BillboardSignAmerica Internet Services offered through it are currently available without charge. BillboardSignAmerica reserves the right to charge a fee for access to or use of this BillboardSignAmerica Site, or any BillboardSignAmerica Internet Service available on this BillboardSignAmerica Site at any time in the future. Your access to or use of this BillboardSignAmerica Site before such time does not entitle you to use of this BillboardSignAmerica Site without charge in the future. If you provide us with payment information – such as a credit card number, CVV, and expiration date – you represent and warrant that you are the rightful owner of such payment method and that you are authorized to lawfully use such payment method.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS BILLBOARDSIGNAMERICA SITE AND/OR BILLBOARDSIGNAMERICA INTERNET SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS BILLBOARDSIGNAMERICA SITE OR BILLBOARDSIGNAMERICA INTERNET SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. BILLBOARDSIGNAMERICA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS BILLBOARDSIGNAMERICA SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS BILLBOARDSIGNAMERICA SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BILLBOARDSIGNAMERICA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. BILLBOARDSIGNAMERICA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS BILLBOARDSIGNAMERICA SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS BILLBOARDSIGNAMERICA SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. BILLBOARDSIGNAMERICA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS BILLBOARDSIGNAMERICA SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
BILLBOARDSIGNAMERICA IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR BILLBOARDSIGNAMERICA INTERNET SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Limitations on Liability
In no event shall BillboardSignAmerica, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this BillboardSignAmerica Site and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of this BillboardSignAmerica Site; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on this BillboardSignAmerica Site or any information, software, products, services, and related graphics obtained through this BillboardSignAmerica Site; (vi) any transactions entered into through this BillboardSignAmerica Site; (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components, during or on account of access to or use of this BillboardSignAmerica Site or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this BillboardSignAmerica Site and BillboardSignAmerica Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if BillboardSignAmerica has been advised of the possibility of damages. Notwithstanding the foregoing, these disclaimers do not exclude any product liability claims, statutory consumer rights, or personal injury damages resulting from BillboardSignAmerica’s intentional misconduct, recklessness, fraud, or gross negligence.
Exceptions
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BILLBOARDSIGNAMERICA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You agree to indemnify and hold harmless BillboardSignAmerica, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this BillboardSignAmerica Site and any related BillboardSignAmerica Internet Service and/or software. You agree to cooperate fully with BillboardSignAmerica in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement. This provision does not require you to indemnify us for any unconscionable commercial practice by us, or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with this BillboardSignAmerica Site.
Modification/Termination of this BillboardSignAmerica Site by BillboardSignAmerica
BillboardSignAmerica reserves the right, in its sole discretion, to modify, suspend, or terminate this BillboardSignAmerica Site and/or any portion thereof, including any BillboardSignAmerica Internet Service, and/or your account, password, or use of any BillboardSignAmerica Internet Service, or any portion thereof, at any time for any reason with or without notice to you.
Termination of your account for a BillboardSignAmerica Internet Service removes your authorization to use the BillboardSignAmerica Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, BillboardSignAmerica shall not be liable to you or any third party for any termination of your access to a BillboardSignAmerica Internet Service.
Links
This BillboardSignAmerica Site may contain links to websites, applications or other services operated by third parties (the “Linked Sites”). BillboardSignAmerica does not monitor or control the Linked Sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at the Linked Sites. If you choose to access any third-party site (including any Linked Site), you do so at your own risk, and your use of that site is subject to its own terms of use and privacy policy, which you should review. The presence of a link to a third-party site does not constitute or imply BillboardSignAmerica’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.
Software and Downloads Available Through This Site
Any software that is made available to access, use, view and/or download in connection with a BillboardSignAmerica Site or BillboardSignAmerica Internet Service (“Software”), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by BillboardSignAmerica and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. BillboardSignAmerica accepts no responsibility or liability in connection with, and disclaims any responsibility for, any Software owned or controlled by third parties.
International Use/U.S. Export Controls
Accessing materials on this BillboardSignAmerica Site by certain persons in certain countries may not be lawful, and BillboardSignAmerica makes no representation that materials on this BillboardSignAmerica Site are appropriate or available for use in locations outside the United States. If you choose to access this BillboardSignAmerica Site from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
The United States controls the export of any software downloadable from this BillboardSignAmerica Site. No software or any other materials associated with this BillboardSignAmerica Site may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a BillboardSignAmerica Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
Third-Party Merchants
This BillboardSignAmerica Site may enable you to order and receive products, information and services from businesses that are not owned or operated by BillboardSignAmerica. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. BillboardSignAmerica does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. BillboardSignAmerica will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the BillboardSignAmerica Internet Service.
Advertisements, Sponsorships, Co-Promotions and Other Partnerships
BillboardSignAmerica may display advertisements for the goods and services of a third party on the BillboardSignAmerica Sites, including in connection with co-promotions, sponsorships and other similar partnership arrangements. BillboardSignAmerica does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on this BillboardSignAmerica Site.
Interactive Services and User Materials
This BillboardSignAmerica Site may offer certain BillboardSignAmerica Internet Services having interactive components such as bulletin boards, blogs, and forums (collectively, “BillboardSignAmerica Interactive Services”). Additional Terms may cover BillboardSignAmerica Interactive Services, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available BillboardSignAmerica Interactive Services may change from time to time in BillboardSignAmerica’s sole discretion. You may participate in the BillboardSignAmerica Interactive Service by completing the registration form where one is provided.
User Materials
BillboardSignAmerica acknowledges that it does not exercise control over and assumes no responsibility for any notes, messages, billboard postings, ideas, suggestions, concepts, or other materials, including files, submitted to it by users (collectively referred to as “User Materials”). While BillboardSignAmerica is not under obligation to regularly review, prescreen, monitor, delete, or edit User Materials, it reserves the right to do so at its sole discretion, for any reason or without providing a reason. BillboardSignAmerica holds no responsibility or liability for any damages resulting from User Materials, even if advised of the possibility of such damages, or from any alteration or deletion of User Materials.
Users are solely responsible and liable for all User Materials submitted to BillboardSignAmerica, whether through their account, the BillboardSignAmerica Site, email, or any other means. Violation of these provisions may lead to immediate termination of the user’s BillboardSignAmerica account and possible legal action. Users warrant that they own or have control over all rights in and to the User Materials and that the public posting and use of the User Materials by BillboardSignAmerica will not infringe upon, misappropriate, or violate the rights of any third party.
By providing any User Material to BillboardSignAmerica, whether solicited or unsolicited, users grant BillboardSignAmerica and its designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from, and otherwise use such User Material for any purpose, including advertising and promotional purposes. Users agree to waive any right of approval for BillboardSignAmerica’s use of the granted rights and any moral rights they may have in the User Materials. BillboardSignAmerica reserves the right, but not the obligation, to use users’ usernames and other identifying information in connection with the broadcast, print, online, or other use or publication of User Materials.
The opinions and information expressed in User Materials on the BillboardSignAmerica Site do not necessarily reflect those of BillboardSignAmerica or its affiliates, and BillboardSignAmerica expressly disclaims any responsibility for User Materials. BillboardSignAmerica does not guarantee the truthfulness, accuracy, or reliability of any User Materials, nor does it determine whether they violate the rights of others. Users acknowledge that reliance on User Materials submitted by other users is at their own risk, including any reliance on their accuracy, completeness, or usefulness. Users also acknowledge that the BillboardSignAmerica Site is public, and other users may have access to and copy, modify, or distribute their User Materials.
General
This Agreement and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree to submit to the personal jurisdiction of the courts of the State of New York for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and BillboardSignAmerica with respect to the use of this BillboardSignAmerica Site and shall not be modified except in writing, signed by an authorized representative of BillboardSignAmerica.
If you have any questions concerning this Agreement, you may send them by email to contact@billboardsignamerica.com.
Copyright & Trademark Notice
Use of Intellectual Property
The BillboardSignAmerica Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, BillboardSignAmerica logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by BillboardSignAmerica or by other parties that have provided rights thereto to BillboardSignAmerica.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this BillboardSignAmerica Site, in whole or in part, without the express written permission of BillboardSignAmerica.
Other trademarks, service marks, product names and company names or logos appearing on this BillboardSignAmerica Site that are not owned by BillboardSignAmerica may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted by BillboardSignAmerica, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this BillboardSignAmerica Site, or frame this BillboardSignAmerica Site, or any web page or material herein, nor may any entity include a link to any aspect of this BillboardSignAmerica Site in an email for commercial purposes, without the express written permission of BillboardSignAmerica. Further, unless otherwise expressly permitted by BillboardSignAmerica, you agree not to link to BillboardSignAmerica’s Intellectual Property so as to cause you or anyone else to access BillboardSignAmerica’s Intellectual Property other than through this BillboardSignAmerica Site.
Copyright Infringement
BillboardSignAmerica respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material, images, content, or photographs through this BillboardSignAmerica Site, you are granting permission to have this material posted on this BillboardSignAmerica Site, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. BillboardSignAmerica reserves the right to remove access to infringing or allegedly infringing material at any time in our sole discretion. Such actions do not affect or modify any other rights BillboardSignAmerica may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below, including how to give us notice if you believe user-provided content on this BillboardSignAmerica Site infringes your rights under copyright law.
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
contact@billboardsignamerica.com
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BillboardSignAmerica to locate the material.
(iv) Information reasonably sufficient to permit BillboardSignAmerica to contact the complaining party, such as an address, telephone number, and, if available, an email address.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
This Agreement was last modified on Mar 2, 2023.