If you are using the Web Site on behalf of your employer, you represent and warrant that you are authorized to accept these Terms on your employer’s behalf. In that case, “you” refers to both you and your employer.
Harte-Hanks may at any time revise these terms by updating this posting. By using this Web Site, you agree to be bound by any such revisions, and you should periodically visit this page to determine the current terms.
Harte-Hanks grants you a non-exclusive, non-transferable, limited permission to access and display this Web Site and the Resources on this Web Site solely on your computer or other personal device for your personal, non-commercial use of this Web Site. You may print a copy of online materials and contents for your own personal, non-commercial use. Except for such permitted access, display and use, you may not copy, reproduce, republish, transmit, distribute, use or create derivative works of the Web Site or Resources without Harte-Hanks’s express prior written consent. This grant of permission is conditioned on your not modifying the content displayed on this Web Site and your keeping intact all copyright, trademark, and other proprietary notices.
COMMUNICATION SERVICES; USER CONTRIBUTIONS
You agree not to provide any User Contribution that is illegal, misleading, defamatory, indecent or obscene, in poor taste, threatening, infringing of any third party proprietary rights, disrespectful, invasive of personal privacy, or otherwise objectionable. You agree not to supply any User Contribution that includes any virus, worm or other harmful code or software. You will not create a false identity, impersonate any person, or misrepresent your affiliation with any other person or entity including Harte-Hanks and you agree not to forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any User Contribution.
Harte-Hanks has the right, but not any obligation, to monitor and/or review all User Contributions. Harte-Hanks also reserves the right at all times to disclose any information as Harte-Hanks deems necessary to satisfy any applicable law, regulation, legal process or governmental request or refuse to post or to remove any information or materials for any reason.
You agree to be careful about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information about yourself or others in your submissions to our Communication Services. In using the Communication Services, you agree to respect other persons’ privacy rights.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
THIRD PARTY WEB SITES
While on this Web Site or using any Resources, you may have the opportunity to link from the Web Site to third party Web sites and third party Web sites may link to the Web Site. Harte-Hanks makes no representations whatsoever about any other Web site that you may access in this way. In addition, a link to a third party Web site does not mean that Harte-Hanks endorses or accepts any responsibility for the content, or the use, of such Web site. Any reliance on the functions or contents of a third party Web site is at your own risk.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
HARTE-HANKS DOES NOT REPRESENT, WARRANT OR GUARANTEE THE SUITABILITY, TIMELINESS, SECURITY, CORRECTNESS, THOROUGHNESS, COMPLETENESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEB SITE OR RESOURCES, WHICH IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE WEB SITE AND RESOURCES MAY INCLUDE INACCURACIES OR ERRORS, MAY BE OUT-OF-DATE, OR INOPERABLE AND ARE SUBJECT TO CHANGE AT ANY TIME. HARTE-HANKS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS WEB SITE AND THE RESOURCES, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE WEB SITE WILL MEET USERS’ REQUIREMENTS.
HARTE-HANKS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY RESOURCES FROM THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY PART OF THE WEB SITE OR ANY SUCH RESOURCES SHALL BE AT YOUR SOLE RISK.
IN NO EVENT SHALL HARTE-HANKS OR ANY OF ITS CURRENT OR FORMER DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (THE “HH ENTITIES”) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, RESULTING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF OR INABILITY TO USE THE WEB SITE OR ANY OF THE RESOURCES, OR FROM YOUR PROVISION OF INFORMATION VIA THE WEB SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. IN NO EVENT WILL THE HH ENTITIES BE LIABLE FOR OR IN CONNECTION WITH THE WEB SITE OR RESOURCES. THE HH ENTITIES SHALL NOT BE LIABLE TO YOU, WHETHER IN CONTRACT OR IN TORT, FOR ANY AMOUNT EXCEEDING ONE DOLLAR ($1.00).
NO UNLAWFUL OR PROHIBITED USE
You may not use the Web Site or the Resources in any manner that could damage, disable, overburden, or impair any Harte-Hanks server or any other computer or network component or system or interfere with any other party’s use and enjoyment of the Web Site or any Resources. You may not attempt to gain access to the Web Site or any Resources, other accounts, computer systems or networks connected to any Harte-Hanks server or to any of the Resources, through hacking, password mining or any other unauthorized means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Site or the Resources. You may not use bots or spiders or other similar methods to scan or obtain information. You may not create images or thumbnails of the Web Site or any of the Resources without express, prior, written permission of Harte-Hanks. You may not insert your own or a third party’s advertising, branding or other promotional content into or in any frame around the Web Site or any of the Resources. You further agree that you may not attempt (or encourage or support any one else’s attempt) to circumvent any protections, reverse engineer, decrypt encrypted data, or otherwise alter or interfere with the Web Site or the Resources.
CLIENTS OF HARTE-HANKS
The Web Site and Resources are protected by U.S. and international copyright laws and treaties. Copyright ©2010 Harte-Hanks, 9601 McAllister Freeway, Ste. 610 San Antonio, TX, 78216 U.S.A. All rights reserved.
Harte-Hanks is committed to respecting others’ intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement on our Web Site, please contact our designated agent as described here.
Harte-Hanks, Mason Zimbler, Trillium, Postfuture, CI Pipeline, Computer Intelligence, Market Advantage, Allink, Aberdeen, Global Address, PennySaver, The Flyer, and all other trademarks owned by Harte-Hanks, including associated logos and products referenced herein are either registered trademarks or trademarks of Harte-Hanks in the U.S. and other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Web Site without our written permission or that of any relevant third party rights holder. Any rights not expressly granted herein are reserved.
CAUTIONARY NOTE FOR INVESTORS REGARDING FORWARD-LOOKING STATEMENTS
This Web Site may contain “forward-looking statements” within the meaning of the United States securities laws. Forward-looking statements may also be included in our public filings, press releases, and oral and written presentations by management. All such statements are qualified by this cautionary note, which is provided pursuant to the safe harbor provisions of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Statements other than historical facts are forward-looking and may be identified by words such as “may,” “will,” “expects,” “believes,” “anticipates,” “plans,” “estimates,” “seeks,” “could,” “intends,” or words of similar meaning. These forward-looking statements involve risks, uncertainties, assumptions and other factors that are difficult to predict and that could cause actual results to vary materially from what is expressed in or indicated by the forward-looking statements. In that event, our business, financial condition, results of operations or liquidity could be materially adversely affected and investors in our securities could lose part or all of their investments. These risks, uncertainties, assumptions and other factors include, without limitation, the factors discussed under “Risk Factors” in our most recent Annual Report on Form 10-K filed with the Securities and Exchange Commission (“SEC”) and any updates thereto in our Quarterly Reports on Form 10-Q. The forward-looking statements included on this Web Site and those included in our public filings, press releases, and oral and written presentations by management are made only as of their respective historical dates, and we undertake no obligation to update publicly any forward-looking statement on this Web Site or in other documents or oral statements for any reason, even if new information becomes available or other events occur in the future. See the “Investors” section of our website for copies of our SEC filings.
TERMINATION OF RIGHTS
GENERAL PROVISIONS; DISPUTES/JURISDICTION
You further agree that, to the extent permitted by law, to waive any right you may have to commence or participate in any class action or class-wide arbitration against Harte-Hanks.