1. Our Services

1.1 Description of Services
Discount Billboard LLC operates as an independent third-party intermediary that assists advertisers in planning and executing advertising campaigns. We do this by identifying and coordinating media placements across various platforms, including but not limited to billboards, media assets owned or operated by third parties, digital media platforms, and Seller Enabled Platforms (collectively, “Screens”).

In this role, Discount Billboard LLC acts as the advertiser’s agent solely for the purpose of facilitating media purchases, in accordance with these Terms and any applicable Service Agreement.

1.2 Acceptance of Terms
By using our services (the “Services”), you acknowledge and agree to be bound by these Terms and Conditions and to comply with all applicable federal, state, and local laws, rules, and regulations.

1.3 Best Efforts, No Guarantees
Discount Billboard LLC will make commercially reasonable, good faith efforts to maximize the number of advertisement plays on designated digital Screens during the campaign period as outlined in your Service Agreement. However, we make no guarantees and expressly disclaim any warranties or representations regarding:

  • The number of plays or impressions;

  • The specific timing or frequency of ad display.

  • Availability of Screens for the duration of the campaign.

Campaign performance may be affected by factors outside of our control, including but not limited to:

  • Technical malfunctions;

  • Power failures;

  • Network disruptions;

  • Limitations imposed by third-party platforms or media owners.

1.4 Force Majeure
Discount Billboard LLC is not liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to:

  • Acts of God;

  • Natural disasters;

  • War, terrorism, or civil unrest;

  • Labor disputes or strikes;

  • Governmental regulations or restrictions;

  • Equipment or infrastructure failure.

2. User Commitments and Restrictions

2.1 No Guarantees from Third Parties
We do not represent or guarantee that a Screen owner or Seller Enabled Platform:

  • Will complete the sale of ad inventory;

  • Has accurately described their Screens or represented their quality;

  • Will accept any particular ad campaign or individual bid for a play.

2.2 User Obligations
By using our Services, you warrant that you will not:

  • Submit false, misleading, defamatory, or offensive content;

  • Transmit or publish any harassing, obscene, fraudulent, or unlawful material;

  • Use our Services in violation of any applicable law or regulation;

  • Infringe upon the intellectual property, privacy, or other rights of third parties.

You represent and warrant that you are at least 18 years of age. Our services are not available to individuals under 18.

2.3 Binding Agreement
By signing a Service Agreement or otherwise engaging with our Services, you affirm that you have read, understood, and agree to be bound by these Terms and Conditions.

3. Content Submission and Use

3.1 Ownership and Licensing
When you upload, submit, store, send, or provide content through our Services (a “Content Submission”):

  • You retain full ownership of all intellectual property rights in your content;

  • You grant Discount Billboard LLC and our partners a perpetual, transferable, worldwide, royalty-free license to use, host, store, reproduce, modify, create derivative works, display, and distribute your content solely for the purpose of operating, marketing, or improving the Services;

  • You represent and warrant that you have the legal rights and authority (including any necessary consents) to grant us the rights in your Content Submission.

3.2 Use and Modification of Content
The rights granted in Section 3.1 are intended to help operate, promote, and improve our Services or our partners Services and develop new features or offerings. This license remains in effect even after you stop using the Services.

3.3 Content Standards
You are solely responsible for your content. All content submitted must comply with our Advertising Policy, which forms part of these Terms. Specifically:

  • Content must not violate any laws or regulations;

  • Content must not be defamatory, libelous, obscene, or threatening;

  • We disclaim all responsibility for advertising content delivered to Screens.

We or our partners may reject or modify content at our sole discretion—even if it otherwise complies with our policies.

3.4 Content Approval Process
All advertising content is subject to approval by Discount Billboard LLC, Seller Enabled Platforms, and/or third-party Screen owners. Approval is discretionary, and we do not guarantee any content will be accepted or displayed.

4. Service Delivery

4.1 Ad Delivery Mechanism
Our Services utilize a real-time bidding (RTB) system for the purchase and delivery of one or more advertisement plays ("Plays"). The highest eligible bidder at a given time secures a Play, provided that the content has been approved and meets all applicable criteria.

You acknowledge and agree that:

  • We rely on “proof of play” notifications from third-party platforms or Screen owners;

  • We do not independently verify whether an ad actually displayed on a Screen, even if a “proof of play” is received;

  • A received “proof of play” is deemed conclusive evidence that the ad was displayed, and you agree not to dispute any such record unless you can provide clear, supporting evidence to the contrary.

4.2 Campaign Budgets and Scheduling
When setting a campaign, you may define:

  • The campaign duration (start and end dates);

  • Specific hours during which the campaign is active;

  • Preferred Screens for ad placement.

While we make good faith efforts to adhere to your screen and scheduling preferences, you acknowledge that:

  • We cannot guarantee placement on specific Screens;

  • Timing may vary due to delays, time zone differences, or daylight savings time adjustments;

  • Budget pacing is not guaranteed to be perfectly even or linear over the campaign duration.

4.3 Campaign Pausing and Forfeiture
You may temporarily pause your campaign. However:

  • Ads may remain committed to certain Sellers for up to 24 business hours after the pause request has been processed by us due to system and network delays;

  • You remain liable for the cost of any Plays delivered during that period, as confirmed by proof of play;

  • If a campaign remains paused for more than 90 consecutive days, any unused balance may be forfeited. We will provide at least 10 business days’ notice via email prior to such forfeiture.

5. Pricing

5.1 Service Fees
All pricing for our Services is set forth in your individual Service Agreement and is deemed incorporated into these Terms by reference. Prices may vary depending on:

  • Duration of the campaign;

  • Screen location and availability;

  • Platform or third-party fees.

Unless otherwise specified, all prices are stated in the currency listed in the Service Agreement and are exclusive of applicable taxes, which will be added to your invoice where legally required.

5.2 Pricing Changes
We reserve the right to update pricing and introduce new fees from time to time. Any changes will be communicated to you in advance, and your continued use of the Services following such notice constitutes your acceptance of the updated pricing.

6. Billing and Payment

6.1 Accepted Payment Methods
Discount Billboard LLC accepts the following forms of payment:

  • Credit/debit card

  • ACH or bank transfer

  • Check, made payable to Discount Billboard LLC (Payment by check is not considered received until the check has cleared).

6.2 Payment Terms
Full payment is due before campaign start date unless otherwise agreed. Credit/debit card payments authorize us to charge all applicable fees per your Service Agreement.

6.3 Taxes
All prices are exclusive of applicable taxes. Where required by law, Discount Billboard LLC will collect and remit sales tax or similar taxes, including Pennsylvania sales tax. You are responsible for any other taxes, duties, or fees that may apply based on your location (such as use tax, VAT, or other local obligations).

6.4  Non-Payment and Suspension of Services
If payment is not received by the due date, Discount Billboard LLC reserves the right to suspend services until the account is brought current. Continued non-payment may result in termination of the agreement.

6.5 Payment Processor
Credit card payments are processed by Stripe, a PCI DSS-compliant third-party provider. While we require Stripe to safeguard your data, we disclaim liability for unauthorized access beyond our reasonable control.

7. Refunds and Cancellations

7.1 General Policy
All payments made to Discount Billboard LLC are non-refundable unless otherwise expressly stated in these Terms or required by applicable law.

7.2 Campaigns 30 Days or Less
For campaigns scheduled to run 30 days or less, all sales are final. No cancellations or refunds will be provided once payment has been processed.

7.3 Campaigns Exceeding 30 Days
For campaigns with a duration greater than 30 days, you may request cancellation by providing written notice at least 30 calendar days in advance of the desired termination date. Such cancellations:

  • Must be submitted via email or through your account portal;

  • Are subject to prorated fees based on Plays already delivered or committed at the time of cancellation.

7.4 Paused Campaigns
Campaigns may be paused in accordance with Section 4.3. Please note that:

  • Pausing a campaign does not suspend billing for any Plays already delivered or committed;

  • Campaigns paused for more than 90 consecutive days may be subject to forfeiture of any remaining balance, following a 10-day written notice.

8. Data and Privacy

8.1 Privacy Policy
Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. Please review the Privacy Policy carefully, available at [insert URL/link to Privacy Policy]. By using our Services, you acknowledge that you have read and agree to the terms of the Privacy Policy.

8.2 Collection of Personal Information
To deliver our Services, we may collect personal information from you, including but not limited to your name, address, email, phone number, and payment details. Additional identity verification information may be required in certain cases.

8.3 Use and Disclosure of Data
By providing your personal information, you expressly acknowledge and consent to:

  • Our collection, use, and disclosure of such data in accordance with our Privacy Policy;

  • The sharing of personal data with our affiliates, service providers, and partners to the extent necessary to provide the Services;

  • The storage and processing of personal data on servers that may be located outside the United States.

8.4 Data Security and Legal Compliance
We and our service providers implement reasonable administrative, technical, and physical safeguards to protect your information, in compliance with applicable U.S. data protection laws. In the event of a known or suspected data breach involving your Personal Information:

  • We will notify you promptly and provide all available relevant details;

  • We will cooperate fully with your reasonable directions and take all practical steps to address the breach.

8.5 Your Rights
You have the right to access, update, correct, or request deletion of your personal data in accordance with our Privacy Policy and applicable laws.

9. Confidentiality

9.1 Obligation of Confidentiality
Each party agrees not to disclose or use any Confidential Information obtained from the other party, except as permitted under these Terms or with prior written consent.

9.2 Permitted Disclosures
Confidential Information may be disclosed:

  • To legal, financial, or professional advisors under a duty of confidentiality;

  • If required by law, court order, or regulatory authority;

  • In connection with legal proceedings relating to these Terms;

  • To affiliates or service providers as necessary to fulfill obligations under these Terms.

9.3 Notification of Breach
If either party becomes aware of unauthorized access to or disclosure of Confidential Information, it shall:

  • Promptly notify the other party;

  • Take reasonable steps to contain and remedy the breach;

  • Cooperate with the other party in mitigating the consequences of the breach.

10. Publicity

10.1 Use of Business Relationship in Marketing
You acknowledge and agree that Discount Billboard LLC may disclose the existence of its business relationship with you for marketing and promotional purposes, including:

  • Listing your name or logo as a client on Discount Billboard LLC’s website, presentations, and other marketing materials;

  • Referencing your campaign in case studies or testimonials, provided that no confidential information is disclosed.

10.2 Consent for Identifiable Use
Discount Billboard LLC will obtain your prior written consent before using your business name, logo, or any identifying information in any public marketing materials, such as press releases or publicly distributed case studies.

10.3 De-identified Data
Discount Billboard LLC may use anonymized or de-identified data related to your campaign performance and activity to improve services, conduct research, and publish aggregate insights, provided such data does not personally identify you.

11. Warranties and Limitation of Liability

11.1 Our Warranties
Discount Billboard LLC warrants that:

  • It has the authority to enter into these Terms and perform its obligations;

  • The Services will be provided in a commercially reasonable manner, consistent with industry standards.

11.2 Your Warranties
You represent and warrant that:

  • You have the authority to enter into these Terms and use the Services;

  • You have obtained all necessary rights, licenses, and permissions for the content you submit;

  • Your use of the Services will comply with all applicable laws and regulations.

11.3 Mutual Indemnification
Each party agrees to indemnify and hold harmless the other party from and against any claims, damages, or liabilities arising from:

  • A breach of the representations or warranties in this Agreement;

  • Any third-party claim resulting from the indemnifying party’s actions or omissions.

11.4 Limitation of Liability
To the fullest extent permitted by law:

  • Discount Billboard LLC’s total liability for any claim under these Terms is limited to the amount paid by you for the Services in the 12-month period preceding the event giving rise to the claim;

  • In no event shall Discount Billboard LLC be liable for any indirect, incidental, special, punitive, or consequential damages, including loss of profits or business interruption, even if advised of the possibility of such damages.

11.5 Consumer Rights
Nothing in these Terms shall be construed to waive any rights or remedies you may have under applicable consumer protection laws, to the extent such rights cannot be waived by contract.

11.6 Time Limit for Claims
Any claim arising out of or relating to the Services must be brought within one (1) year of the cause of action. After this time, such claims shall be deemed waived.

12. Copyright and Intellectual Property Claims

12.1 DMCA Compliance
We comply with the DMCA and respond to valid infringement notices..

12.2 Submitting a Claim
Send a written notice with:

  • Your signature (physical or electronic);

  • Description of the copyrighted work;

  • Description or URL of infringing content;

  • Your contact info (address, phone, email);

  • Good faith belief statement;

  • Statement under penalty of perjury regarding accuracy and authorization.

12.3 Contact
Send notices to:
Discount Billboard LLC
Attn: Jennifer Heath / jenniferh@discountbillboard.com
11 Calvin Drive, McKees Rocks PA 15136

Incomplete notices may delay or prevent response.

13. General Provisions

13.1 Governing Law and Jurisdiction
These Terms are governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania and the United States of America, without regard to conflict of law principles.

You agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located within Pennsylvania, and you consent to the personal jurisdiction and venue of such courts.

13.2 Entire Agreement
These Terms, together with any applicable Service Agreement, Privacy Policy, and any other referenced policies or documents, constitute the entire agreement between you and Discount Billboard LLC with respect to the Services. They supersede all prior or contemporaneous agreements, understandings, or communications, whether written or oral.

13.3 Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the extent necessary to comply with applicable law while preserving the original intent as closely as possible.

13.4 No Waiver
No failure or delay by either party in exercising any right, power, or remedy under these Terms shall operate as a waiver of such right or any other right, nor shall any single or partial exercise preclude any further exercise of the same or any other right.

13.5 Assignment
You may not assign, delegate, or transfer your rights or obligations under these Terms without prior written consent from Discount Billboard LLC. Any attempt to do so without such consent will be null and void. Discount Billboard LLC may assign or transfer its rights and obligations under these Terms without restriction.

13.6 Relationship of the Parties
Nothing in these Terms shall be construed as creating a partnership, joint venture, employer-employee, or agency relationship between you and Discount Billboard LLC. Except as expressly stated, neither party has the authority to bind or act on behalf of the other.

13.7 Notices
All notices under these Terms must be in writing and will be deemed properly given:

  • When delivered personally;

  • When sent by certified or registered mail, return receipt requested;

  • When sent via email with delivery confirmation, to the last known address provided.

13.8 Survival
Any provisions of these Terms that by their nature should survive termination (including but not limited to provisions related to warranties, indemnification, limitations of liability, governing law, and dispute resolution) shall survive any termination or expiration of these Terms.

13.9 No Fiduciary Relationship
You acknowledge and agree that Discount Billboard LLC is acting solely as an independent contractor and service provider. Nothing in these Terms shall be construed to create a fiduciary, agency, partnership, or joint venture relationship between you and Discount Billboard LLC. Discount Billboard LLC does not have any fiduciary duty to you, and all decisions and actions taken by Discount Billboard LLC on your behalf are done as a vendor providing Services only.

14. Definitions

“Advertiser” means the individual or entity entering into a Service Agreement with Discount Billboard LLC to display advertising content.

“Content” means any material, including text, graphics, video, images, or other media, submitted or uploaded by you through the Services.

“Confidential Information” means all non-public, proprietary, or sensitive information disclosed by one party to the other, whether orally, electronically, or in writing.

“Play” means a single instance of an advertisement being delivered for display on a digital screen or media asset.

“Screen” or “Screens” means any out-of-home advertising media, including but not limited to digital billboards and screens operated by third parties or accessed through Seller Enabled Platforms.

“Seller Enabled Platform” means a third-party platform that manages media inventory and enables programmatic buying or placement of advertising content.

“Service Agreement” means the contract between you and Discount Billboard LLC that outlines the specific campaign terms, pricing, deliverables, and obligations.

“Services” refers to the services provided by Discount Billboard LLC, including but not limited to campaign development, media purchasing, coordination with third-party media owners, and ad placement on Screens.

“User,” “you,” or “your” refers to the individual or entity using the Services provided by Discount Billboard LLC.