EFFECTIVE OCTOBER 21, 2009
As a registered user of the Hartmann&Forbes’ Website, you are being given access to proprietary and confidential information of Hartmann&Forbes. This information may be used only for the specific purpose provided in connection with such information. This information may only be disclosed to your employees and agents who have a need to know the information and who are informed of the confidential and proprietary nature of the information. The unauthorized disclosure or use of this information is strictly prohibited, and you acknowledge that such unauthorized disclosure or use will cause Hartmann&Forbes irreparable harm. Without prejudice to any other rights or remedies that Hartmann&Forbes may have at law or in equity, Hartmann&Forbes may deny your access to the proprietary and confidential information at any time if Hartmann&Forbes determines, in its sole discretion, that you have compromised the confidentiality of the information.
1. Intended Users
Hartmann&Forbes will never knowingly solicit or accept personally-identifiable information from children under the age of thirteen (13). Hartmann&Forbes will never knowingly contact children under the age of thirteen (13) about special offers or for marketing purposes.
2. Modification/Suspension/Discontinuance of the Website and/or Your Access
Hartmann&Forbes reserves the right to modify, suspend, or discontinue the Website, any portion of the Website, any goods or services offered through the Website, and/or your access to the Website or any portion thereof at any time and without prior notice or liability to you.
3. Username and Password
To use certain features of the Website, you must select and use a username and password. You are responsible for maintaining the confidentiality and security of your username and password. You are responsible for all activity occurring under your username and password. You agree to immediately notify Hartmann&Forbes of any unauthorized use of your username or password or any other breach of security.
4. No Unlawful or Prohibited Use
6. Hartmann&Forbes Blog
(a) Posting Content on the Blog
You are solely responsible for your conduct relating to your use of the Blog and for any Content that you submit, post, or display on the Blog, or that you allow others to submit, post, or display on the Blog under your username. You can edit or remove some or all of your Blog posts at any time. If you remove your Blog account, we will remove all posts from public view, but copies of your Blog account information and Blog posts may remain in our storage media, according to Section 6(d) below.
You must not use the Blog for unlawful purposes or to promote illegal activities. If you do use the Blog for such purposes, your access may be suspended or terminated, and Hartmann&Forbes may notify law enforcement authorities of your actions.
You must not create multiple accounts for yourself with the intention of exploiting the Blog in any manner.
(b) Ownership of Content
Hartmann&Forbes owns all right, title, and interest in and to all Content posted or displayed on the Blog. By posting or displaying Content on the Blog, you acknowledge Hartmann&Forbes’ unrestricted right to use or disclose the Content (or materials or ideas similar to the Content) in any media, now known or hereafter developed, without notice, compensation, or other obligation to you or any other person. You further acknowledge and agree that Hartmann&Forbes may have something similar to the Content already under consideration or development. Users who post Content on the Blog shall retain a nonexclusive license to use, reproduce, publish, edit, translate, modify, adapt, distribute, publicly perform, publicly display, and make derivative works of the Content alone or as part of other works.
No compensation will be paid to users for their posts or displays of Content. Hartmann&Forbes is under no obligation to post or use any Content you may provide and may remove any Content at any time for any or no reason in Hartmann&Forbes’ sole discretion. In the event Hartmann&Forbes removes any Content you posted or displayed on the Blog, Hartmann&Forbes maintains ownership of the Content and reserves the right to disclose any Content as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to otherwise use the Content in any manner.
By posting or displaying Content, you warrant and represent that the use and posting or displaying of the Content will not infringe or misappropriate the copyright, trademark, or other proprietary rights of, or otherwise violate the rights of, any third party. You shall be solely liable for any damages resulting from any infringement or misappropriation of copyright, trademark, or other proprietary right or any other harm resulting from your use of the Blog.
(c) No Endorsement or Guarantee
Content posted by users on the Blog is the responsibility of the users who make such postings. Hartmann&Forbes may or may not pre-screen Content before it is posted or displayed, and Hartmann&Forbes shall have the right, but not the obligation, in its sole discretion to refuse to post or display Content. The Blog may contain offensive, harmful, inaccurate, deceptive, or otherwise inappropriate Content. Hartmann&Forbes is not obligated to monitor the Content and takes no responsibility for such Content. Hartmann&Forbes merely provides access to such Content as a service to the Website users. Hartmann&Forbes reserves the right, however, to remove any Content on the Blog for any or no reason in Hartmann&Forbes’ sole discretion at any time and without prior notice or liability to the user who posted or displayed the Content.
Hartmann&Forbes does not endorse or guarantee in any way the accuracy or reliability of the Content. You acknowledge and agree that any reliance on the Content will be at your own risk.
(d) Retention and Storage
Hartmann&Forbes retains the right to make archival and backup copies of and to store the Content, including drafts of Content that you never actually post to the Website, indefinitely. You agree, however, that Hartmann&Forbes has no responsibility or liability for the deletion of, or failure to store or transmit, any Content.
(e) Copyright Policy
7. Contributions to Hartmann&Forbes
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Hartmann&Forbes through any suggestion or feedback web page on the Website, you acknowledge and agree that: (a) your Contributions do not contain the confidential or proprietary information of you or any third party; (b) Hartmann&Forbes is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Hartmann&Forbes shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any manner, and in any media, now known or hereafter developed; (d) Hartmann&Forbes may have something similar to the Contributions already under consideration or development; (e) your Contributions automatically become the property of Hartmann&Forbes; and (f) you are not entitled to any compensation of any kind from Hartmann&Forbes for your Contributions.
8. Use of Website Materials and Trademarks
9. Product Display Colors
The Website displays images of Hartmann&Forbes’ products. Hartmann&Forbes attempts to display images that show the products as accurately as possible. However, the color of the products in the images may not identically match the color of the actual products because the display of color may vary, depending on the computer you are using. Hartmann&Forbes cannot guarantee that the color of the images will match the actual products identically.
10. Links to Third-Party Sites
We make reasonable attempts to exclude viruses from the Website, but cannot ensure that the Website will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading any information from the Website. Hartmann&Forbes assumes no responsibility for, and you are solely responsible for, any damages to computer equipment or other property that may result from use of the Website or downloading anything from the Website.
12. WARRANTY DISCLAIMER
The information, images, products, training, and other services available through the Website may include inaccuracies or typographical errors. Hartmann&Forbes makes no representations about the suitability, reliability, availability, timeliness, or accuracy of the information, images, products, training, and other services contained on the Website for any purpose. To the maximum extent permitted by applicable law, all such information, images, products, training, and other services are provided “as is” and “as available” without warranty or condition of any kind. Unless otherwise provided elsewhere on the Website or in connection with Hartmann&Forbes’ products and services, Hartmann&Forbes hereby disclaims all warranties and conditions with regard to the information, images, products, training, and other services offered through and/or contained on the Website, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and noninfringement. Hartmann&Forbes expressly disclaims any representation or warranty that the operation of the Website will meet the user’s requirements; that the Website will be free from viruses or other harmful components; that communications to or from the Website will be secure and not intercepted; that the capabilities offered on the Website will be uninterrupted; or that access to the Website will be free from errors or defects or that such errors or defects will be corrected. Hartmann&Forbes does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through any Linked Site, or any banner or other advertisement.
13. LIMITATION OF LIABILITY
14. Limitations to Sections 12 and 13
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions in Sections 12 and 13 may not apply to you. However, in no event shall Hartmann&Forbes’ total liability to you for damages, losses, and causes of action (whether in contract, tort, negligence, strict liability, or otherwise) exceed the amount paid by you, if any, for accessing or using features of the Website.
16. Termination/Access Restriction
17. Discontinued Use/Survival
19. Availability of Help
The Website may provide a help file or other instructions for use of the Website. However, you understand that Hartmann&Forbes is under no obligation to provide any support for use of the Website.
20. Contact Us
Address: Hartmann&Forbes, Inc., P.O. Box 1149, Tualatin, OR 97062
Phone: (503) 692.9313
Toll free: (888) 582.8780
Fax: (503) 692.9315
2. Information Collected through Your Use of the Website
When you visit this Website, you may provide us with two types of information: Personal Information that you knowingly and voluntarily choose to provide, and Anonymous Information (as defined below) that we automatically collect as you browse the Website.
(a) Your Personal Information
You may also be required, in order to complete a client application through the Website, to provide Personal Information of third parties who will act as references for you. We will use this third-party Personal Information solely for the purpose of contacting the third parties to obtain reference information.
You may provide us Personal Information in several ways, including but not limited to the following:
(i) The Website allows you to order products (such as sample books and marketing collateral). In connection with such orders, we require that you provide Personal Information.
(ii) The Website allows you to complete a client application and create an account, for which you must provide Personal Information.
(iii) The Website allows you to post blog content on the Hartmann&Forbes blog. In order to post content on the blog, we will require that you provide Personal Information.
(iv) You may have the opportunity to communicate with us through the Website via e-mail. You may also choose to provide your email address to receive communications from us or third parties.
(b) Anonymous Information we receive from your usage of the Website
We collect certain information about you from your use of the Website (referred to herein as “Anonymous Information”). Our web servers may automatically collect and store the name of the domain and host from which you access the Internet and the Internet protocol address of your computer. Additionally, we may collect information about the browser software you use; the type of operating system your computer uses; the date and time you access the Website; the website you visited just prior to visiting our Website; and a list of which Website pages you visit, the amount of time you spend on each Website page, and the order in which you view the Website pages. We use this Anonymous Information to improve the performance of the Website and make it more compatible with the technology used by our Website visitors. This Anonymous Information may be combined with Personal Information you have provided.
To help make the Website more responsive to the needs of our visitors, we may also use a standard feature found in browser software called a “cookie” to assign each visitor a unique, random number, a sort of anonymous user ID that resides in your computer. The cookie does not identify the Personal Information of the visitor; rather, it identifies the computer that a visitor uses to access the Website. A cookie cannot read data off of your hard drive. The cookie may store Website statistics, user preferences, information about your browser, and other identifying information. Most browsers automatically accept the cookies, but you can disable the acceptance of cookies at any time by changing the preferences in your browser. Certain Website pages and features may not function properly if you choose to disable the acceptance of cookies.
3. How We Use Your Information
(a) Personal Information
When you supply us with your Personal Information, we will use it for the express purpose stated when we ask for such Personal Information (e.g., to respond to any requests you may have about your account or a transaction, or to send you material and information you request). We may also use your Personal Information to contact you regarding the Website or your account; to confirm product orders; to provide information about products or services that may be of interest to you; or to provide information regarding upcoming events, new services, and other general information about our products and services. We may also use your Personal Information for internal sales reporting, as well as to personalize your Website experience and to allow us to deliver the type of content and product information in which you are most interested. You consent to receive electronic communications from Hartmann& Forbes in the form of client communication emails sent to you at the email address listed on your account. You may elect to opt out after registration or any time thereafter (see Section 4 below regarding Opt-Out Procedure). We respect your privacy and your right to limit the ways in which we contact you.
As stated above, if you provide third-party Personal Information through the client application process, we will use this third-party Personal Information solely for the purpose of contacting the third parties to obtain reference information.
(b) Anonymous Information
We collect Anonymous Information in an effort to ensure that our Website will appear and function appropriately on your computer, to help us improve our services and the Website, and so we may determine which website referred you to the Website. Your Internet protocol address is used to help identify you. For additional information on how we use your Anonymous Information, see Section 2(b) above.
(c) Personal Information and Anonymous Information We may use Personal Information and Anonymous Information to help diagnose problems with this Website. We may also use Personal Information and Anonymous Information to analyze statistical use patterns and demographic data, including where our Website visitors come from and what demographic characteristics they have, and to improve the Website to better serve our customers.
At times, we may retain third parties to analyze data we collect, including Personal Information and Anonymous Information, solely to help us improve our services and the Website by, for example, learning details regarding the number of visitors to our Website and what pages of the Website visitors frequent most. These third parties are not authorized to use your Personal Information or Anonymous Information in any other way and are required to keep the information confidential.
4. Opt-Out Procedure
You have the opportunity to opt-out of receiving promotional communications from Hartmann&Forbes at the point where the Website requests Personal Information from you. At any time, you can also review or change your Personal Information, have Hartmann&Forbes remove your account from our database, or opt-out of receiving further promotional communications from Hartmann&Forbes, either through your account or by contacting Hartmann&Forbes via e-mail at firstname.lastname@example.org. If, however, your company name changes, you will need to create a new account because Website accounts are assigned by company name. Please note that if you request that your account be deleted from our database or request that you no longer receive communications from Hartmann&Forbes, you may receive an automatic e-mail from Hartmann&Forbes resulting from your request. If you request that your account be deleted from our database or if you request that your Personal Information be changed, we may maintain your existing Personal Information and information about your activities and transactions on and through the Website for the purpose of recordkeeping and servicing, and to comply with our retention policy described in Section 6 below.
5. Security of Information
The security of your Personal Information is very important to us, and we are committed to protecting the Personal Information we collect. We have commercially-reasonable physical, electronic, and managerial security measures in place to attempt to protect against the loss, misuse, alteration, or unauthorized access of Personal Information we have collected from you. This includes the use of firewalls, intrusion detection, encryption during transmission, password protections, vulnerability scans, and other security measures. All Personal Information is subject to restricted access to prevent loss, misuse, alteration, or unauthorized access.
6. Retention and Storage
We may retain your Personal Information in our databases in accordance with any existing document retention policies and applicable laws. This period may extend beyond the end of your relationship with us, but it will be only as long as it is necessary for us to have sufficient information to prevent fraudulent activity, protect ourselves against liability, permit us to pursue available remedies, or limit any damages that we may sustain. Also, we may retain your Personal Information beyond the end of your relationship with us if we believe in good faith that a law, regulation, rule, or guideline requires it.
8. Legal Disclaimer
11. Contact Us
Address: Hartmann&Forbes, Inc., P.O. Box 1149, Tualatin, OR 97062
Phone: (503) 692.9313
Toll free: (888) 582.8780 Fax: (503) 692.9315
Hartmann&Forbes Digital Millennium Copyright Act Policy
Hartmann&Forbes, Inc. has adopted this policy in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”).
1. Infringement Policy
Hartmann&Forbes will respond to clear notices of alleged copyright infringement that comply with or substantially comply with the requirements set forth below. Hartmann&Forbes does not act as an arbiter or judge of disputes about intellectual property rights. It is Hartmann&Forbes’ policy to disable access to or remove text, pictures, and other material (“Content”) posted or displayed on the Hartmann&Forbes blog (the “Blog”) that it believes in good faith is infringing a copyrighted work. By disabling access to or removing Content, as a prudential matter, Hartmann&Forbes is not endorsing or validating a claim of infringement. If Hartmann&Forbes disables access to or removes Content from the Blog, Hartmann&Forbes will make a good-faith attempt to contact the party responsible for posting or displaying the Content so the owner may make a counter-notification as provided for below. It is also Hartmann&Forbes’ policy to suspend and/or terminate access of users that Hartmann&Forbes believes are repeat copyright infringers. Hartmann&Forbes will document notices of alleged infringement and counter-notifications.
2. Designated Agent
In accordance with the DMCA, Hartmann&Forbes has a Designated Agent to handle copyright infringement notices and counter-notifications.
Designated Agent’s contact information:
Attn: DMCA Agent
Address: Hartmann&Forbes, Inc., P.O. Box 1149, Tualatin, OR 97062
Phone: (503) 692.9313
Toll free: (888) 582.8780 Fax: (503) 692.9315
3. Infringement Notification
If you believe your work has been displayed or otherwise used on the Blog in a manner that infringes your copyright, you must provide written notification of such to Hartmann&Forbes’ Designated Agent via mail, fax, and/or e-mail. Notices sent via e-mail will likely be reviewed more quickly. Please note that you may be liable for damages, including without limitation attorneys’ fees and costs, if you materially misrepresent that your work has been infringed by Content on the Blog. If you are unsure whether your work has been infringed, we recommend that you contact an attorney before sending notice to Hartmann&Forbes’ Designated Agent.
You must use the following format for your written notification:
(a) Identify in sufficient detail your copyrighted work that you believe has been infringed by Content on the Blog;
(b) Identify the Content on the Blog that you claim infringes your copyrighted work. You must identify all Content that you believe infringes, describe how the Content infringes your work, and describe where the Content is located on the Blog with sufficient detail so that Hartmann&Forbes can verify its existence and remove it if Hartmann&Forbes believes in good faith that it infringes. In the event that the allegedly-infringing Content is located in more than one place on the Blog, identify each location;
(c) Provide your contact information, including your full name, mailing address, telephone number, and email address;
(d) You must include a statement that, under the penalty of perjury, you have a good-faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(e) You must include a statement that the information in the notification is accurate, and, under penalty of perjury, that you are the copyright owner or that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
(f) You must sign the written notification physically or electronically.
In addition to the foregoing, it would help if you included a copy of the copyright Certificate of Registration for your work or other information that supports your claim that the work is protected by copyright and that you are the owner of that copyright.
4. Review of Infringement Notices
After the Designated Agent receives your infringement notice, Hartmann&Forbes will review it. If your notice contains the required information as explained above and if Hartmann&Forbes has a good-faith belief that the Content is infringing your copyright, Hartmann&Forbes will remove or disable access to the infringing Content.
5. Counter Notification
The provider of affected Content may make a counter notification pursuant to the DMCA. To file a counter notification, you must provide written notification to Hartmann&Forbes’ Designated Agent via mail, fax, and/or e-mail. Notices sent via e-mail will likely be reviewed more quickly. Please note that you may be liable for damages, including without limitation attorneys’ fees and costs, if you materially misrepresent that your Content is not infringing the copyright of a third party. If you are unsure whether your Content infringes the work of a third party, we recommend that you contact an attorney before sending notice to Hartmann&Forbes’ Designated Agent.
You must use the following format for your written notification:
(a) Identify the Content that has been removed or to which access was disabled, including a description of where the Content was located on the Blog before it was removed or before access to it was disabled. In the event that the Content was located in more than one place on the Blog, you should identify each location;
(b) Provide your contact information, including your full name, mailing address, telephone number, and email address;
(c) You must include a statement that, under the penalty of perjury, you have a good-faith belief that the Content was removed or blocked as a result of mistake or misidentification of the Content to be removed or blocked;
(d) You must include a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, in the District Court of Oregon, and that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person; and
(e) You must sign the written notification physically or electronically.
6. Review of Counter Notification
After the Designated Agent properly receives your counter notification, Hartmann&Forbes will review it. Hartmann&Forbes may determine that the Content is not infringing and may reinstate the Content or access to the Content on the Blog.
7. Notice of Repeat Infringement and Account Termination
Hartmann&Forbes will, if appropriate, terminate repeat infringers’ access to the Blog. If you believe a Blog user is a repeat infringer, please follow the instructions above to contact Hartmann&Forbes’ Designated Agent and provide sufficient information so Hartmann&Forbes can verify that the user is a repeat infringer.
Hartmann&Forbes Blog Content Policy
By posting or displaying text, pictures, and other material (“Content”) on the Hartmann&Forbes, Inc. blog (the “Blog”), you are agreeing to the terms of our current Content Policy as posted here. If you do not agree with any term or provision in this Content Policy, please do not post or display Content on the Blog.
1. Requirements/Guidelines for Posting or Displaying Content on the Blog
When posting or displaying Content on the Blog, you agree to adhere to and/or acknowledge the following:
(a) You will cite your sources or refer to the individual or entity who had the idea first by directing others to the publication where you first viewed the Content, whether a website, news story, or other source.
(b) You will be accurate and truthful.
2. Content Restrictions
You may not post or display any of the following on the Blog:
(a) Content that infringes or misappropriates the copyrights, trademarks, trade secrets, or other proprietary rights of third parties;
(b) Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(c) Content that is unlawful, harmful, abusive, tortious, defamatory, libelous, vulgar, invasive of a third party’s privacy, or otherwise objectionable;
(d) Content that could be deemed to be stalking;
(e) Content that promotes hate toward groups based on race, ethnicity, gender, religion, disability, age, sexual orientation/gender identity, or otherwise;
(f) Content that harasses, threatens, abuses, or intimidates any person or group of people;
(g) Content that contains nudity, sexually graphic material, or material that is otherwise deemed explicit or obscene by Hartmann&Forbes;
(h) Child pornography;
(i) Third parties’ private and confidential information, including without limitation addresses, credit card numbers, Social Security Numbers, and driver's’ license numbers;
(j) Content through which you are impersonating another in a manner that is intended to or likely to mislead others.
(k) Content through which you falsely state or otherwise misrepresent your affiliation with a person or entity;
(l) Content that encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
(m) Unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or
(n) Malware, viruses, worms, or any code of a destructive nature.
3. Modifications to Content Policy
Hartmann&Forbes reserves the right to change or remove this Content Policy at its discretion. We will post any new policy here, and we encourage you to visit this area frequently to stay informed. If changes are significant or if the Content Policy is removed, Hartmann&Forbes will also notify you of such changes to or removal of this Content Policy via the contact information you have provided to Hartmann&Forbes. Content Policy changes will apply immediately after the date on which we post the revised Content Policy to the Website. Each version of this Content Policy will be identified at the top of the page by its effective date, and we will keep prior versions of this Content Policy in an archive for your review.