Website Terms and Conditions
Updated: November 7, 2017
These Terms and Conditions (“Terms”) apply to any website owned and operated by Vibrant Mobility, Inc. (“Vibrant”). This includes this website, as well as websites for Vibrant’s subsidiaries Meggaphone and E.F. Hutton Mobile which may be posted separately. The term “Vibrant” in these Terms is understood to refer not only to Vibrant Mobility, Inc., but also to Meggaphone and E.F. Hutton Mobile.
Please note that certain other websites and services owned or operated by Vibrant affiliates, subsidiaries, parents, etc. may have additional terms and conditions regarding your use of those services, and nothing in these terms and conditions is intended to modify such additional terms and conditions. IF YOU DO NOT AGREE TO THESE WEBSITE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THIS SITE.
Without the express prior written authorization of Vibrant, you may not: use any data mining robots (“bots”), hardware or software modules that add a specific feature or service by plugging into an existing larger system (“plug-ins”), or other data gathering and extraction tools, scripts, applications, or methods on this site; use any device, software, or hardware to bypass any operational element or to interfere, or attempt to interfere, with the proper working of this site, server or activities conducted therein; take any action that imposes an unreasonable or disproportionately large load on this site or its network infrastructure or that adversely affects our network or other customers; decompile, reverse engineer, modify or disassemble any of the software in or associated with the network and/or server; use any meta tags or any other “hidden text” utilizing Vibrant’ name or any Vibrant trademark without Vibrant’ prior written permission; frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Vibrant or use any Vibrant trademark except as set forth in the foregoing limited license in these terms and conditions; or otherwise exceed your limited access to the site as authorized by Vibrant.
Vibrant reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions and to suspend or end your service for any operational or governmental reason or violation of these terms and conditions. Unauthorized use of this site or the network infrastructure and/or data display by a person or entity that is not the authorized user of the account is illegal and Vibrant reserves the right to take legal action.
The Content may contain other proprietary notices or describe products, services, processes or technologies owned by Vibrant or third parties. Nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of Vibrant or any third party.
Username and Password.
If you access the site anonymously, you may do so as a visitor and will not be required to create a username. However, in order to access certain services on the site, you may be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your user name and password and will be solely liable for any use or unauthorized use under such user name and password. We may suspend or terminate your user name and password at any time with or without notice.
Links to the Website.
If you wish to link to our website you must comply with the following guidelines: You must link only to our homepage, and not to pages within the site itself. The Vibrant link must not appear connected to any other logos and graphics. The Vibrant link must not be used in any way that implies an endorsement by Vibrant of any third party or their product or service. You may only use a text hyperlink, and no use of the Vibrant logo or Vibrant artwork or graphics is permitted. The Vibrant name must not be associated with unfair, deceptive or libelous advertising or commentary or used in any way that will tend to injure or compromise our professional reputation and corporate identity and policies. Your text hyperlink must include the following company name: Vibrant. No stylization is permitted.
Vibrant is a trademark of Vibrant Mobility, Inc, a subsidiary of HUTN Group, Inc., the Vibrant service and product names in this site, and the other trademarks, logos, and service marks (collectively the “Trademarks”) used in this site are the property of Vibrant or their respective owners. Nothing contained in this site should be construed as granting by implication, estoppel, or otherwise, a license or right of use of Vibrant or any other Trademark displayed in the site without the prior written permission of Vibrant or its respective owner.
Consent to Monitoring and Disclosure.
Vibrant is under no obligation to monitor the Content and any other information residing on or transmitted to this server. However, anyone using this server agrees that Vibrant may monitor the server contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the server properly or to protect itself and its users. Vibrant reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions and to suspend or end your service for any operational or governmental reason or violation of these terms and conditions. Unauthorized use of this site or the network infrastructure and/or data display by a person or entity that is not the authorized user of the account is illegal and Vibrant reserves the right to take legal action.
Disclaimer of Liability.
THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. VIBRANT AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT, INCLUDING BUT NOT LIMITED TO THE DOCUMENTATION AND RELATED GRAPHICS, ACCESSED FROM, OR VIA, THIS SERVER OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. VIBRANT DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER. IN NO EVENT SHALL VIBRANT BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE CONTENT, THIS SERVER OR THE INTERNET GENERALLY.
Any Vibrant material on this server may include technical inaccuracies or typographical errors. THE CONTENT PROVIDED ON THIS SERVER IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR CONTENT GIVEN BY VIBRANT, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER VIBRANT NOR ITS AFFILIATES WARRANT THAT THE CONTENT ON THIS SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTIBLE OR ERROR FREE OR THAT ANY CONTENT, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Disclaimer of Endorsement.
Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by Vibrant. Product and service information is the sole responsibility of each individual vendor. We encourage you to be aware when you leave our site and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA).
Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that is residing on Vibrant’s system or network should be promptly sent in the form of written notice to Vibrant’s Designated Agent:
One South Main Street
Springfield, Ohio 45502
Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:
Signature of copyright owner or person authorized to act on behalf of the owner; Identification of copyrighted work claimed to be infringed; Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address); A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and 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 the exclusive right allegedly being infringed. NOTE: There are substantial penalties for false claims (see 17 U.S.C. § 512(f) – providing sanctions for material misrepresentations of copyright infringement). changes conclusively demonstrates your acceptance of those changes.
You agree to indemnify, defend and hold harmless Vibrant, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these terms and conditions or applicable law.
Except for trademark and copyright matters governed by the federal laws of the United States, the foregoing provisions shall be governed by and construed in accordance with the substantive laws of the State of Ohio, without regard to the principles of conflict of law thereof.