HiConversion General Terms of Use

All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (“Materials”), are provided either by HiConversion or by third party manufacturers, authors, developers and vendors (“Third Party Providers”) and are the copyrighted work of HiConversion and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of HiConversion. Also, you may not “mirror” any Materials contained on this Web Site on any other server without HiConversion’s prior express written permission.Except where expressly provided otherwise by HiConversion, nothing on this Web Site shall be construed to confer any license offer for license or sale under any of HiConversion’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by HiConversion and as such, HiConversion makes no warranty with respect to its contents. HiConversion does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by HiConversion.

 

HiConversion hereby grants you permission to display, copy, distribute and download HiConversion’s Materials on this Web Site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials.

 

Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 

LINKS TO THIRD PARTY SITES

 

This Web site may contain links to web sites controlled by parties other than HiConversion. HiConversion is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. HiConversion is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HiConversion of the linked web site. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.

 

SOFTWARE USE RESTRICTIONS

 

Any software that may be made available to download from this Web Site (“Software”) is the copyrighted work of HiConversion. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software (“License Agreement”). An end user agrees to the License Agreement terms by installing, copying, or using the Software. The Software is made available for downloading solely for use by end users according to the License Agreement. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, HICONVERSION HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

 

RESTRICTED RIGHTS LEGEND

 

Any Software which is downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph ©(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs ©(1) and (2) of the Commercial Computer Software — Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is HiConversion, Inc., 5901 Broken Sound Parkway NW, Suite 100, Boca Raton, FL 33487.

 

SUBMISSIONS

 

Except where expressly provided otherwise by HiConversion, all comments, feedback, information or materials submitted to HiConversion through or in association with this Web Site (“Submissions”) shall be considered non-confidential and HiConversion’s property. By providing such Submissions to HiConversion, you agree to assign to HiConversion, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. HiConversion shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not HiConversion, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

 

DISCLAIMER

 

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY HICONVERSION, THE MATERIALS ON THE WEB SITE ARE PROVIDED “AS IS” AND HICONVERSION HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. HICONVERSION MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.

 

LIMITATION OF LIABILITY

 

HICONVERSION SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL HICONVERSION BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF HICONVERSION HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST HICONVERSION FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD HICONVERSION HARMLESS FROM, AND YOU COVENANT NOT TO SUE HICONVERSION FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.

 

HICONVERSION PRESS RELEASES

 

Forward-looking statements in HiConversion press releases on this Web Site are made pursuant to the safe harbor provisions of Section 21E of the Securities Exchange Act of 1934. Investors are cautioned that statements in such press releases which are not strictly historical statements, including, without limitation, statements regarding current or future financial performance, management’s plans and objectives for future operations, product plans and performance, management’s assessment of market factors, as well as statements regarding the strategy and plans of HiConversion and its strategic partners, constitute forward-looking statements which involve risks and uncertainties. HiConversion assumes no obligation to update any forward-looking information contained on this Web Site or with respect to announcement described herein.

 

LOCAL LAWS; EXPORT CONTROL

 

HiConversion controls and operates this Web Site from its headquarters in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Web Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Web Site are solely directed to individuals, companies or other entities located in the United States of America. You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from HiConversion, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

 

GENERAL

 

This Web Site may include inaccuracies or typographical errors. HiConversion and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Web Site at any time without notice. HiConversion may periodically make changes to the Web Site. Any action related to these Terms will be governed by Florida law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Web Site and prevail over any prior or contemporaneous, conflicting or additional, communications. HiConversion has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by HiConversion.

 

INTELLECTUAL PROPERTY NOTICES

 

Elements of the Web Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web Site may be copied or retransmitted unless expressly permitted by HiConversion.

 

HiConversion, the HiConversion logo and HiConversion product names referenced herein are trademarks of HiConversion Systems, Inc. and may be registered in the United States Patent and Trademark Office and in other countries. All other product names, company names, marks, logos, and symbols are trademarks of their respective owners.

 

LEGAL CONTACT INFORMATION

 

HiConversion, Inc.
Legal Department
5901 Broken Sound Parkway NW,
Suite 100,
Boca Raton, FL 33487

 

PRIVACY STATEMENT

 

HiConversion has created this privacy statement (“Statement”) in order to demonstrate our commitment to customer privacy. Privacy on the HiConversion web site (the “Site”) is of great importance to us. Because we gather important information from our visitors and customers, we have established this Statement as a means to communicate our information gathering and dissemination practices. We reserve the right to change this Statement and will provide notification of the change at least thirty (30) business days prior to the change taking effect.

 

COLLECTED INFORMATION

 

We require customers who register to use the services offered on our Site (collectively, the “Service”) to give us contact information, such as their name, company name, address, phone number, and e-mail address, and financial qualification and billing information, such as billing name and address, credit card number, and the number of users within the organization that will be using the Service. At the time you express interest in attaining additional information, or when you register for the Service, we may also ask for additional personal information, such as title, department name, fax number, or additional company information, such as annual revenues, number of employees, or industry. Customers can opt out of providing this additional information by not entering it when asked. Customers can update or remove their personal information at any time by logging into the Website and editing their Personal Information within Setup. Customers can view their updated profile to confirm their edits have been made.

 

HiConversion uses the information that we collect to set up the Service for individuals and their organizations. We may also use the information to contact customers to further discuss customer interest in our company, the Service that we provide, and to send information regarding our company or partners, such as promotions and events. Customers are invited to receive an email newsletter by providing an email address. Customer email addresses and any personal customer information will not be distributed or shared with third parties. Customers can opt out of being contacted by us, or receiving such information from us, at any time by sending an email to support@hiconversion.com. Separately, customers are also asked to provide an email address when registering for the Service, in order to receive a username and password. We may also email information regarding updates to the Service or company, and will send a Customer Newsletter. Again, email will not be distributed or shared and customers can opt out of receiving any communication by emailing support@hiconversion.com at the time it is distributed, or at the time any customer registers for the Service.

 

Except as we explicitly state at the time we request information, or as provided for in the HiConversion Master Subscription Agreement, we do not disclose to third parties the information provided. All financial and billing information that we collect through the Site is used solely to check the qualifications of prospective customers and to bill for the Service. This billing information is not used by HiConversion for marketing or promotional purposes. HiConversion uses a third-party intermediary to manage the credit card processing. This intermediary is solely a link in the distribution chain, and is not permitted to store, retain, or use the information provided, except for the sole purpose of credit card processing. Other third parties, such as content providers, may provide content on the web Site but they are not permitted to collect any information nor does HiConversion share user information with these parties.

 

Customers of the Service will be using the Site to host data and information (“Data”). HiConversion will not review, share, distribute, print, or reference any such Data except as provided in the HiConversion Master Subscription Agreement, or as may be required by law. Individual records may at times be viewed or accessed only for the purpose of resolving a problem, support issue, or suspected violation of the Master Subscription Agreement, or as may be required by law. Of course, customers are responsible for maintaining the confidentiality and security of their user registration and password.

 

HiConversion may also collect certain information from visitors to and customers of the Site, such as Internet addresses. This information is logged to help diagnose technical problems, and to administer our Site in order to constantly improve the quality of the Service. We may also track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.

 

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. HiConversion will automatically send the friend a one-time email inviting them to visit the site. HiConversion does not store this information.

 

COOKIES:

 

When you interact with the HiConversion Website we strive to make that experience easy and meaningful. When you come to our Web site, our Web server sends a cookie to your computer. Cookies are files that Web browsers place on a computer’s hard drive and are used to tell us whether customers and visitors have visited the Site previously.

 

Standing alone, cookies do not identify you personally. They merely recognize your browser. Unless you choose to identify yourself to HiConversion, either by responding to a promotional offer, opening an account you remain anonymous to HiConversion. Cookies come in two flavors: session and persistent-based. Session cookies exist only during an online session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you’ve closed your browser or turned off your computer. They include such information as a unique identifier for your browser.

 

HiConversion uses session cookies containing encrypted information to allow the system to uniquely identify you while you are logged in. This information allows HiConversion to process your online transactions and requests. Session cookies help us make sure you are who you say you are after you’ve logged in and are required in order to use the HiConversion application. HiConversion uses persistent cookies, that only HiConversion can read and use, to identify the fact that you are a HiConversion customer or prior HiConversion Website visitor (whatever the case may be). We are especially careful about the security and confidentiality of the information stored in persistent cookies. For example, we do not store account numbers or passwords in persistent cookies. Users who disable their Web browsers’ ability to accept cookies will be able to browse our Website but will not be able to successfully use our Service.

 

THIRD PARTY COOKIES:

 

We may from time to time engage third parties to track and analyze non-personally identifiable usage and volume statistical information from visitors to our website to help us administer our website and improve its quality. Such third parties may use cookies to help track visitor behavior. Such cookies will not be used to associate individual website visitors to any personally identifiable information. All data collected by such third parties on behalf of HiConversion is used only to provide us with information on site usage and is not shared with any other third parties.

 

NOTICE ABOUT GOOGLE ANALYTICS, ADWORDS, AND REMARKETING

 

HiConversion uses all features of Google Analytics for Display Advertisers. This includes obtaining specific visitor cookie data, such as the source, medium and keyword used to visit our website(s) and other pages. Google Analytics does not store specific visitor data and HiConversion will not use visitor specific data in any way related to Google Analytics, Google Adwords, and Remarketing.

 

HiConversion uses remarketing with Google Adwords and Google Analytics to display content-specific advertisments to visitors that have previously visited our site when those visitors have chosen to view other websites that have Google Display Network implemented.

 

HiConversion and other third-party vendors use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on visitors’ past visits to our website.

 

For more information about how to opt out of cookie or Internet-based advertising, please visit the Network Advertising Initiative Opt-Out Page.

 

THIRD PARTY SITES:

 

The Site contains links to other web sites. HiConversion is not responsible for the privacy practices or the content of these other web sites. Customers and visitors will need to check the policy statement of these others web sites to understand their policies. Customers and visitors who access a linked site may be disclosing their private information. It is the responsibility of the user to keep such information private and confidential.

 

SECURITY:

 

Our Site has security measures in place to help protect against the loss, misuse, and alteration of the Data under our control. When our Site is accessed using Netscape Navigator, or Microsoft Internet Explorer versions 5.5 or higher, Secure Socket Layer (SSL) technology protects information using both server authentication and data encryption to help ensure that Data is safe, secure, and available only to you. HiConversion also implements an advanced security method based on dynamic data and encoded session identifications, and hosts the Site in a secure server environment that uses a firewall and other advanced technology to prevent interference or access from outside intruders. Finally, HiConversion provides unique user names and passwords that must be entered each time a customer logs on. These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of Data.

 

OPT-OUT POLICY:

 

HiConversion offers its visitors and customers a means to choose how we may use information provided. If, at any time after registering for information or ordering the Service, you change your mind about receiving information from us or about sharing your information with third parties, send us a request specifying your new choice. Simply send your request to info@hiconversion.com.

 

CORRECTING & UPDATING YOUR INFORMATION:

 

If customers need to update or change registration information they may do so by editing the user or organization record. To update a User Profile, log on to HiConversion and select Setup to add or update information. To update Organization’s data, log on to HiConversion and select Organization Setup. To update billing information please email support@hiconversion.com. To discontinue the Service and to have data returned, email support@hiconversion.com. HiConversion will respond to your correction or update request within at most 30 days from the date of your request.

 

ADDITIONAL INFORMATION:

 

Questions regarding this Statement or the practices of this Site should be directed to HiConversion’s Security Administrator by e-mailing such questions to info@hiconversion.com or by regular mail addressed to HiConversion, inc., Attn: Security Administrator, 5901 Broken Sound Parkway NW, Suite 100, Boca Raton, FL 33487.