Terms of Service

Last updated: March 1st, 2022 


Please read these terms of service ("terms", "terms of service") carefully before using ITELLMOTION website (the "service", the “site”, "company service") operated by Pedestrian Safety Solutions, LLC. ("us", 'we", "our", "company"). By accessing and using this website on any device, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using this websites particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. 

ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SITE. 

This site and its components are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information. 

Conditions of Use 
We will provide our services to you, which are subject to the conditions stated below in this document. Every time you visit this website or use its services you accept the following conditions. This is why we urge you to read them carefully.  

Privacy Policy  
Before you continue using our website we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.  

License and Site Access  
We grant you a limited license to access and make personal use of this website. You are not allowed to download or modify it. This may be done only with written consent from us.  Pedestrian Safety Solutions is not responsible for any third-party websites that it might link to.

Modifications
Pedestrian Safety Solutions shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.  

Communications
The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us.  We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

User Data
Our site will maintain certain data that you transfer to the Site for the purpose of the performance of the company services, as well as data relating to your use of the company services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the company services. You agree that company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against company arising from any such loss or corruption of such data.  

Copyright  
Content published on this website (digital downloads, images, texts, graphics, logos) is the property of Pedestrian Safety Solutions and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website is the exclusive property of Pedestrian Safety Solutions, with copyright authorship for this compilation by Pedestrian Safety Solutions. 

You are expressly and emphatically restricted from all of the following: 

  • publishing any Website material in any media;

  • replicating or duplicating any Website material;

  • trading, selling, sub-licensing and/or otherwise commercializing any Website material;

  • publicly performing and/or showing any Website material;

  • using this Website in any way that is, or may be, damaging to this Website;

  • using this Website in any way that impacts user access to this Website;

  • using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

  • using this Website to engage in any advertising or marketing;

Copyright or Intellectual Property Infringement Claims Notice and Procedures    
Pedestrian Safety Solutions will always respect the intellectual property of others, and we ask that all of our users do the same. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information: a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest; b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon; c) A description of the location of the site which you allege has been infringing upon your work; d) Your physical address, telephone number, and email address; e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law; f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf. The Pedestrian Safety Solutions Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows: info @ itellmotion. com  

No warranties
This Website is provided “as is,” with all faults, and Pedestrian Safety Solutions makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you. 

Limitation of liability
In no event shall Pedestrian Safety Solutions nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Pedestrian Safety Solutions, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website. 

Indemnification
You hereby indemnify to the fullest extent Pedestrian Safety Solutions (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from liabilities, costs, demands, causes of action, claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to a dispute.

Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.  

Variation of Terms  
Pedestrian Safety Solutions is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.  

Assignment
Pedestrian Safety Solutions shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.  

Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Pedestrian Safety Solutions and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.  

Governing Law & Jurisdiction  
These Terms will be governed by and construed in accordance with the laws of the State of New York, and you submit to the non-exclusive jurisdiction of the state and federal courts located in New York for the resolution of any disputes. 

Contact Us  
If you have any questions about these Terms of Service, please contact us at info @ itellmotion. com.