TERMS: LAST UPDATE: July 5, 2011
INFORMATION WE COLLECT
You can travel through most all of our website without giving us registration information about yourself. But sometimes we do ask for information to provide content or services that you request. When you register for certain content and/or services on the Site, we may ask you to provide personal information. For some content and/or services we collect personal information, such as your first name, last name, e-mail address, title, address or telephone number. We may also collect related or demographic information, such as your postal code, interest in certain products or services, and/or preferences. Information we collect may be combined with information we obtained through other services we offer.
In order to provide you with certain content downloads as a free service, we may share information included on registration forms with relevant business partners, including CRM software suppliers. Alternatively, if you desire that your information not be shared with any third party, please write "do not share" in the Comments section of the form submission.
Aggregate information is data we collect about a group or category of products, services or visitors, from which individual user identities have been removed. We collect aggregate information about you and your use of our services and combine it with information about how others use the same service. Such aggregate information includes, without limitation, site traffic, page views, and impressions. This information may be correlated to you for our internal use. We may collect, compile, store, publish, promote, sell, or otherwise disclose or use any and all aggregate information (i.e., information that does not personally identify you).
USE OF PERSONAL INFORMATION
DISCLOSURE OF PERSONAL INFORMATION
We will disclose personal information in the following circumstances:
Internal Analysis and Operations: We will use and disclose information about you for our own internal statistical, design or operational purposes, such as to estimate our audience size, measure aggregate traffic patterns, and understand demographic, user interest, purchasing and other trends among our users. We may outsource these tasks and disclose personal information about you to third parties, provided the use and disclosure of your personal information by these third parties is restricted to performance of such tasks. We may also share personal information with third-party vendors who assist us in performing internal functions necessary to operate our business. We require our third party vendors to only use the information for the purpose it was provided.
Transaction Processing: We will disclose personal information to one or more third parties, as necessary, to provide you with content or services.
Lawful Compliance: We disclose personal information when we believe it is appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply this privacy statement or our other policies or agreements; to initiate, render, bill, and collect for amounts owed to us; to protect our or our users' rights, property or safety; or to protect our users from fraudulent, abusive, or unlawful use of, our Site; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.
Business Transfers: In addition, information about users of our Site, including personally identifiable information provided to us by our users, may be disclosed as part of any merger, acquisition or sale of company assets.
Co-Branded Services: Some services may be co-branded and offered in conjunction with another company. If you register for or use such services, both our company and the other company may receive information collected in conjunction with the co-branded services.
Please be aware that we may provide links to third party Web sites from our Sites as a service to our users and we are not responsible for the content or information collection practices of those sites. We do not control the privacy and data collection practices of external sites and the privacy policies of such sites will differ from that of this Site. Therefore, we encourage you to review and understand the privacy policies of all such sites before providing them any information.
We use reasonable security measures to store and maintain personally identifying information to protect it from loss, misuse, alternation or destruction by any unauthorized party while it is under our control.
PRIVACY OF CHILDREN
We understand that young people need special safeguards and privacy protection. We realize they may not understand all the provisions of our policy or be able to make thoughtful decisions about the choices that are made available to adult users. We urge all parents to participate in their children's exploration of the Internet and any online services, and to teach their children about protecting their personal information while online. This Site will not knowingly collect personally identifiable information from children under 13. If you are under 13 years old, you should not register for our services or otherwise provide information on our Site.
Web Site Terms, Conditions, Notices and Disclaimers
YOUR USE OF THIS WEB SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, CONDITIONS, NOTICES AND DISCLAIMERS HEREIN, PROMPTLY EXIT THIS SITE.
This Agreement is VERY IMPORTANT so please read it carefully and in its entirety. PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
THE TERMS, CONDITIONS, NOTICES AND DISCLAIMERS SET FORTH HEREIN (THE "TERMS") GOVERN YOUR USE OF THIS INTERNET WEBSITE ("SITE" or "Site"), OR ANY OF THE PRODUCTS OR SERVICES AVAILABLE ON THE SITE. THESE TERMS ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW, INCLUDING ANY MODIFICATIONS THAT WE MAY MAKE AT ANY TIME AND FROM TIME TO TIME WITHOUT ADVANCE NOTICE TO YOU BY POSTING REVISED TERMS HEREIN.
This SITE is protected by copyright. All rights are reserved. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, share, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the SITE in whole or in part without the advance written consent of the SITE owner. All materials published on the SITE and materials downloaded from the SITE, including, but not limited to, written content, downloaded documents, photographs, graphics, images, illustrations, marks and logos, are the proprietary property of the SITE owner, its users or its licensors with all rights reserved.
Nothing contained on the SITE should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents or content displayed on this web site, through the use of framing or otherwise, except with the advance written permission of SITE owner.
You hereby agree to indemnify, defend and hold SITE and all of SITE officers, directors, owners, employees, agents, affiliates, partners, and licensors (collectively, the "SITE Party" or "Site Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any SITE Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement. SITE reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SITE Parties, and you agree to cooperate with our defense of these claims.
DISCLAIMERS; Please read this carefully.
SITE content is provided with RESTRICTED RIGHTS. This Site does not represent a substitute for professional advice. Content throughout this SITE may include the opinion of the authors. SITE content is not intended to replace or substitute for, the information or advice to be provided by experienced, certified or licensed professionals. SITE visitors or readers assume all responsibilities and obligations with respect to any decisions made or opinions given as a result of the use or reference of any content from this SITE. No legal representation or advice is provided in any way whatsoever. This SITE disclaims any responsibility for any harm resulting from reading, referencing, downloading or accessing any information or material on this Internet SITE.
SITE DOES NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE SITE. THE SITE AND ITS CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU VIEW, REFERENCE, DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKE ANY WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER SITE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND/OR THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND VENUE
Any and all challenges and/or legal claims shall be governed solely in the county of Palm Beach, state of Florida, country of the United States of America (USA).
SITE may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the SITE or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, SITE cannot be held liable if we fail to personally notify you.
Our failure to exercise or enforce any right or provision of these TERMS shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these TERMS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These TERMS, including all terms, conditions, and policies that are incorporated into these TERMS by reference, constitute the entire agreement between you and the SITE and govern your use of the SITE, superceding any prior agreements that you may have with the SITE owner and/or authors.
If any part of these TERMS is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the TERMS shall continue in effect.
Section titles in this Web Site TERMS are for convenience only and have no legal or contractual effect.
QUESTIONS AND CONCERNS
If you have any questions about this privacy statement, the practices of our Site, or your dealings with our Site, please contact us at email address of info[at]vantivemedia.com or by postal mail at:
141 Key Palm Road
Boca Raton, FL 33432