Convert Advertising Terms of Use

Last Updates and Effective as of Month, Day Year

Welcome to Convert Advertising’s (“Company”) website (“Website”). This Website is intended as a service for our customers. In using this Website, you are hereby agreeing to be bound by the terms contained within the following terms and conditions of use. Combined with our Privacy Policy, this page outlines the conditions under which you may access and use our Website. These terms and conditions of use and our Privacy Policy shall collectively be referred to as our “Terms of Use.”

If you do not agree to these Terms of Use, you may not access or use this Website or its equipment in any way. For the purposes of this agreement, Convert Advertising and its parent companies, subsidiaries, and affiliates may be referred to as “we,” “us,” and “our.” The terms “you” and “your” refer to you, the user of this Website.

PLEASE CAREFULLY READ THESE TERMS OF USE IN THEIR ENTIRETY. THESE TERMS OF USE AFFECT YOUR LEGAL RIGHTS REGARDING USE OF THIS WEBSITE AND INCLUDE A WAIVER OF YOUR RIGHT TO A JURY TRIAL FOR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE, OR THE RELATIONSHIP OF THE PARTIES DESCRIBED HEREIN.

Modifications to the Terms of Use

You agree that we may modify, add to, update, or otherwise change these Terms of Use from time to time including amending existing terms or adding new ones in our sole discretion. The modified Terms of Use will be effective as of the date the updated terms are posted on the Website (the “Effective Date”). These Terms of Use may be updated with or without prior notice to you. Your use of this website after such an update constitutes your agreement to the modified Terms of Use. If you do not agree to any modifications made, cease using the Website immediately.

Privacy and Protection of Personal Information

Our Privacy Policy is a separate document describing our collection, use, and disclosure your personal and non-personal information which is hereby incorporate by reference in its entirety. It is available at http://ConvertAdvertising.com/privacy.

Use Restricted to U.S. Residents

The Company operates this Website from its offices within the United States of America. By using the Website, you acknowledge and agree that the Website is intended for use only within the United States and will only be construed and evaluated based on the laws of the United States. We make no representations that the content or other materials on this Website are appropriate or available for use in any country other than the United Stated. Should you choose to access this Website from outside of the United Stated, you agree to do so at your own risk and you are solely responsible for complying will all local laws.

Personal and Non-Commercial Limited License

We hereby grant you a limited, revocable, non-exclusive, non-transferable license, with no rights to sublicense, to access and use this website solely for personal uses and not for any commercial activities, republication, distribution, assignment, sales, preparation of derivative works, or other such uses. You may print copies of all or any portion of the Website for your own personal use only. You may not sell, share, barter, or convey to a third party any copies of the content of this Website. Unless otherwise stated above, all rights are reserved. Any commercial use of this Website or its contents is strictly prohibited. Additionally, you may not manipulate or otherwise display the Website using framing or other such technology, not shall you access the Website using any means other than industry standard interfaces.

Compliance With Do Not Call Registry

In submitting personal contact information to us through the Website or any of our affiliated online properties, you are granting express permission to us, our affiliates, our business partners, and third party marketers to contact you using telephone, mail, and/or email and, as such, waive any and all rights right associated with the National Do No Call List or any similar registry.

Trademarks, Copyright, and Other Intellectual Property Rights

The Convert Advertising mark and logo are registered trademarks of the Company. Any other company names, logos, and trademarks contained on our website are the properties of their respective owners. Nothing in these Terms of Use shall be construed as granting in any way any license or right to use company names, logos, or trademarks on the Website without the express writer permission of the Company or any third party owners, as applicable.

All of the content on this Website such as designed, data, databased, text, graphics, images, photographs, illustrations, audio and video material, artwork, information, proprietary information, code (both client-side and server-side) and all other copyrightable elements, including their selection and arrangement (collectively, the “Site Content”), but not including User Content, are the property of the Company and as such protected by U.S. copyright law, relevant international treaties, and all other applicable intellectual property rights. Except as otherwise stated, you may not copy, transmit, display, perform, distribute (both for and not for compensation), license, alter, frame, store, or otherwise use any Site Content, in whole or in part, in any manner without prior written consent from the Company, except to the extent permitted by the Copyright Act of 1975 (12 U.S.C. §107), as amended, and then, only with notices of Company’s ownership, provided however that you are allowed to copy the information for your own personal, noncommercial use as defined herein, so long as you do not remove any copyright or other notice that may be contained.

You hereby acknowledge and agree that the Company will aggressively enforce its right in regards of ownership of Site Content to the fullest extent of the applicable law. This may include, without limitation, the seeking of criminal prosecution.

Submissions

Any and all information submitted to us via the Website shall be considered our property and will remain so in perpetuity. We are free to use, for any purpose, any idea, concept, know-how, or technique contained within the information you submit to us. We are not and shall not be subject to any obligations of confidentiality regarding any such information that you submit to us unless otherwise stated in our Privacy Policy or otherwise explicitly stated and agreed in writing or required by law. Without limitation of the foregoing, you hereby assign to us any and all known or future rights to any submission you make regardless of kind and nature, in perpetuity, and agree that we are entitled to make use, without restriction, of the submission for any purpose whatsoever including both commercial and non-commercial usage, without any compensation. To the extent that this assignment is ineffective, you hereby grant us a perpetual, worldwide, royalty-free, nonexclusive, and unrestricted license to publish, transmit, perform, display, distribute, and otherwise use any and all content you submit to the Website.

No Unlawful of Prohibited Use

You hereby agree that you will not use the Website for any purpose that is unlawful or that is prohibited by these Terms of Use.

You may not use the Website in any way that would disrupt, disable, or otherwise impair the Company’s ability to maintain the Website or provision any of its services. Similarly, you may not interfere with any other party’s use or enjoyment of the Website or any of its content. You may not attempt to gain access to the Website in any unauthorized manner, nor to other accounts, systems, or networks associated with the Website. This includes hacking, password mining, or any other such illicit means. You may not obtain or attempt to obtain materials or data from the Website by any means not intentionally and explicitly made available to you through the Website. Additionally, you will not register, attempt to register, subscribe, attempt to subscribe, unsubscribe, or attempt to unsubscribe any party for or to any feature of the Website unless you are expressly authorized by that party to do so. Furthermore, you will not engage in spidering, “screen scraping,” “data based scraping,” or any other suc automatic means of accessing, logging-in, or registering on this Website or any of the content contained within it. The following is a non-exhaustive list of the types of illegal and/or harmful activity that is prohibited by these Terms of Use:

• Defamation. Posting or transmitting any content or information that is in violation of the libel or defamation laws of the United States or anywhere else.
• Infringement. Posting or transmitting any content that is the intellectual property of a third party that has not expressly given you permission to do so. This includes any content protected by property rights such as copyright, trademark, patent, trade secret, or other intellectual property. Infringement may arise from copying or posting pictures, logos, software, articles, musical works, and/or videos without the appropriate permission to do so.
• Offensive Content. Posting or transmitting any content that is harassing, inflammatory, violent, harmful, racist, pornographic, lewd, obscene, lascivious, sexist, invasive, abusive, or otherwise objectionable (collectively “Offensive Content”).
• Harmful Content. Disseminating or positing harmful content. This includes, without limitation, viruses, worms, Trojans, cancelbots, time bombs, or any other application or routine that may damage, interfere with surreptitiously intercept, or expropriate any system, program, data, or personal information.
• Fraudulent Conduct. Offering or disseminating any content that is fraudulent or that relates to fraudulent goods, services, schemes, or promotions. This can include, but is not limited to, furnishing false data on any signup form, contract, or online application, or using any information obtained from this Website in a fraudulent manner.
• False Pretenses. Impersonating anyone, spoofing their identity, or otherwise communicating using a false name or a name that you are not expressly authorized to use.
• Unauthorized Access. Using the Website to access or attempt to access any other user’s account, or to penetrate or attempt to penetrate the security measures put in place by any person or organization to protect their computer software or hardware, electronic communications, or telecommunications, whether or not such intrusion results in measurable harm.
• Collection of Personal Information. Using the website in any way to collect or attempt to collect the personal information of any party without their knowledge or consent.
• Hacking. Any attempt to access, whether successful or not, without authorization data, systems, servers or networks. This includes any attempt to probe, scan, or test the vulnerability of any system, server, or network or to breach security or authentication.
• Interception. Any unauthorized monitoring or interception of the transmission of data between any networks, servers, or systems.
• Falsification of Origin or Routing Information. Using any domain name to misrepresent the return email address for any electronic communication. Forging any of the information contained within packet headers, email headers, or any part of any message header. Using any application designed to conceal the source and/or route of an electronic message in a manner that falsifies a domain, header information, date or time stamp, the originating email, or any other such identifier.
• Avoiding System Restriction. Using any means to avoid any limitations placed upon you or other users on the Website.
• Spam. Posting or transmitting any unsolicited messages, attempting to solicit business, selling products or services, or otherwise engaging in unauthorized commercial or advertisement activities on the Website.

Material You Post, Store, or Share

You hereby acknowledge and agree that you are solely responsible for any content you post public or display through the Website or transmit to or share with other users (collectively, your “User Content”). This includes any information, opinions, descriptions, photos, profiles, messages, videos, and any other content. By posting or transmitting User Content to any part of the Website, you are granting us an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, publicly perform, reformat, translate, excerpt, transmit, and distribute that User Content for any purpose whatsoever on or in connection with the Website or the promotion thereof, to prepare and create any derivative works of, or incorporate into other such works, such User Content, and authorize us to sublicense the forgoing

Right to Remove Content

ou hereby agree that we have the right to, from time to time, remove any content, including your User Content, from the Website with or without cause and without prior notice. Posting, storing, and/or transmitting any content on or through our Website is a privilege and not a right. We reserve the right to refuse, move, or block access to any content submitted by any user on or through the Website, and to establish policies and general practices concerning use of the Website.

Any such decisions to remove or modify content on the Website is within our sole and complete discretion. We have no obligations to take or refrain from taking any such action. We are not, under any circumstances, liable for removing or failing to remove any content.

Intended Audience

This Website is only intended for use by adults age 18 and over. This Website is not intended for use by children under the age of 13.

Website Availability

We will make all reasonable efforts to keep the Website operational at all times. However, various factors including technical difficulties, site maintenance and upgrades, and other events that are outside of our control may, from time to time, result in temporary disruption of the Website. Additionally, we reserve the right to modify or discontinue, temporarily or permanently, certain functions of the Website or the Website in its entirety from time to time and with or without notice.

Articles and Commentary

Articles and commentary may be included on this Website which contain information such as news, opinions, and/or comments that, unless otherwise stated therein, are not to be construed as specific advice or instruction from us or as our official expressions. We do not warrant, either expressly or implicitly, the accuracy of such articles and commentary. We also do not adopt any statement contained therein as our own, nor do we warrant any other articles or commentary offered by the authors of content on our Website.

Links to Affiliate Websites

This Website’s content may include links to websites that are controlled and/or offered by our partners and affiliates. The terms and conditions of these websites may be different from these Terms of Use. We advise that you familiarize yourself with the terms and conditions and privacy policies that govern your use of those websites, as your use of those websites may constitute your agreement to be bound by the relevant terms and conditions contained in those websites.

Third-Party Links

This Website’s content may contain links to third-party websites that are not controlled by us, such as advertisers’ websites (the “Linked Sites”). These websites are not under our control and we are not responsible for the contents of those Linked Sites. We do not endorse or make any representations about those websites, their contents, or any materials, products, or information found thereon. Your access of those websites is done at your own risk. Under no circumstances will we be liable for any loss, claim, damages, or costs that may result from your use of any third-party links or Linked Sites.

Any dealings that you may have with third parties (including advertisers) included within the Website, Linked Sites, or through your participation in promotions offered by third parties, including delivery and payment for goods and services, and any relevant terms, conditions, warranties, and representations that are made by any party in relation to such dealings are solely between you and the third party. We are not responsible for any part in such dealings.

Third-Party Content on the Website

Some of the content contained within this Website may be submitted by third-parties, including but not limited to User Content and advertisements. We are providing such content solely for your convenience. We have not tested or evaluated any such content and in no way endorse or make representations about such content or your use of it. Should you choose to access or use any such content, you agree that you are doing so at your own risk. We shall not be liable for any loss, claim, damages, or costs that may arise from or in connection with your use of such content.

Indemnification

You hereby agree to indemnify, hold harmless, and defend the Company, its officers, directors, shareholders, partners, employees, agents, attorneys, affiliates, successors, assignees from any liability, loss, and claim or expense. This includes any reasonable attorneys’ fees, whether or not a lawsuit or proceeding is filed, that results from or relates to (1) your breach or violation of these Terms of Use, (2) your violation of any applicable state or federal laws, or (3) your use of the Website.

Disclaimer

THE INFORMATION PROVIDED THROUGH THIS WEBSITE IS DONE SO “AS IS,” AND “AS AVAILABLE” without any warranties of any kind. YOU HEREBY AGREE THAT YOUR USE OF THE WEBSITE IS DONE AT YOUR SOLE RISK. COMPANY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMTED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, or any third party rights that may arise our course of conduct or trade custom or usage. You acknowledge that the site and your usage of it may involve bugs, errors, problems, and other limitations. The Company assumes no liability whatsoever relating to your use of the Website or your use of any information or services that you may access through our Website. None of the advice or information, in any form, obtained by you from the Company through the Website shall be construed to create any warranty, representation, r guarantee of any kind.

Some states or other jurisdictions disallow the exclusion of any implied warranties, as such the preceding exclusions may not apply to your use of the Website if prohibited by law.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL WE BE CONSIDERED LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOST BUSINESS OR PROFITS, ANY LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING FROM OR RELATING TO THE WEBSITE, YOUR USAGE OF THE WEBSITE, OR THE CONTENT OR MATERIALS CONTAINED THEREIN, EVEN IF YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SOLE AND EXCLUSIVE REMEDY FOR ANY DISATISFACTION WITH THE SITE AND/OR ITE CONTENT IS TO CEASE YOUR USAGE OF THE WEBSITE.

Some states and other jurisdictions disallow this limitation of liability, as such the preceding disclaimer may not apply to your use of the website if prohibited by applicable law.

Choice of Law and Forum

These Terms of Use shall be governed by the laws of the State of Utah, and give no effect to choice of law provisions.

Agreement to Arbitrate

Any dispute that arises out of or relates to these Terms of Use, the Website, or any relationship between the parties referenced in these Terms of Use, no matter how described, pleaded or styles, shall be resolved through final, binding arbitration under the requirements set forth in the Federal Arbitration Act. Such arbitration will be conducted by a single, neutral arbitrator agreed upon by the parties, conducted under the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association, conducted in Salt Lake City, Utah. The parties hereby agree that the arbitrator, and not a court, will have the sole and exclusive jurisdiction over the interpretation, validity, and scope of this arbitration agreement. The costs of the arbitration filing fee, arbitrator’s compensation, and facilities feed will be paid by the Company. However, each party shall pay its own attorneys’’ fees and costs. Any dispute or claim arising from arbitration shall be brought solely in that party’s individual capacity, and not as a plaintiff or class member in any class action, representation proceeding, mass action, or consolidation action.
BY ACCEPTING THESE TERMS OF USE BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY AND ANY RIGHTS YOU MAY HAVE TO BRING ANY CLAIMS ON A CLASS, REPRESENTATIONS, MASS, OR CONSILIDATED ACTION BASIS.

Consent to Receive Electronic Notices

You hereby give your consent to receive any agreements, notices, disclosures, and other communications referred to in these Terms of Use (collectively “Notices”) from us electronically, via email or other such electronic communication technology that may be developed hereafter. Further, you agree that such electronic notices satisfy any legal requirements that such communications be in writing. You may withdraw your consent to receive Notices electronically by notifying us by email at Info@ConvertAdveritsing.com and discontinuing your usage of the Website. In such event, any rights grated to you in these Terms of Use, including, without limitation, all of the licenses set forth above, will be automatically terminated.

Please note that this consent to receive notices electronically is separate from any other election relating to receipt of marketing communications, which is governed under the Privacy Policy.

Termination and Access Restriction

These Terms of use shall remain in full force and effect during and after your use of the Website. We may, in our sole discretion, restrict, suspend, or terminate your access to and usage of all or part of our Website for any reason and at any time. Further, we have the right to refuse, move, or remove any content that your submit on or through the Website, and to establish general practices and policies concerning use of the Website. We reserve the right to use whatever means we determine to be necessary to prevent unauthorized access to the Website, including but not limited to: IP mapping, direct contact with your internet service provider, and technology barriers.

Assignment

These Terms of use and any of our rights referenced herein may be assigned, wholly or partially, by us to any third party, in our sole discretion, in connection with a business transition such as a merger, acquisition, reorganization, or sales of some or all of our asserts, or otherwise. You may not assign, sublicense, or delegate your rights as references herein.

Severability

If any clause or provision of these Terms of Use shall by adjudged by any arbitrator or court of law to be unenforceable or invalid, that clause or provision shall be limited or removed to the minimum extent possible. All other provisions of these Terms of use will remain in full force and effect.

Contact

Any questions regarding the Terms of Use should be directed to us at info@ConvetAdvertising.com.
Convert Advertising
333 H Street, Chula Vista, CA 91910