Terms
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Terms & Conditions

Terms of Use

 

Introduction

The following terms of use (“Terms of Use”) govern your use of this Web site (the “Web Site”) provided by or on behalf of Harte Hanks, Inc. and its divisions and subsidiaries (“Harte Hanks”). The Terms of Use also govern your access to and use of the content, functionally, materials and resources (collectively “Resources”) available on or by means of the Web Site. These Terms of Use are a legal agreement between you and Harte Hanks. Harte Hanks is also referred to in this Terms of Use as “we,” “us,” “our” or other similar pronouns. Other Harte Hanks’ Web sites may have the same or different Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THEM, DO NOT ACCESS OR USE THIS WEB SITE.

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.

Except as referenced with respect to Harte Hanks clients, these Terms of Use constitute the entire agreement between Harte Hanks and you with respect to your use of the Web Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

 

changes

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 may terminate, change, limit, suspend or discontinue any aspect of the Web Site, including the availability of any Resources of the Web Site, at any time. Harte Hanks also may impose limits or restrictions on certain Resources or restrict your access to parts or all of the Web Site without notice or liability if we believe you are in breach of these Terms of Use or applicable law or for any other reason.

 

permitted use

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 express prior written consent from Harte Hanks. 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.

Software, functionality and other materials that are made available for downloading, access, or use on or from this Web Site may, in addition, have their own license terms, conditions, and notices, and you agree to be governed by such terms, conditions, and notices. Your use of the Web Site and all Resources is conditioned upon your acceptance and compliance with these Terms of Use and any other applicable terms, conditions, and notices.

 

proprietary rights

As between you and Harte Hanks, except for your own User Contributions (as defined below), Harte Hanks owns, solely and exclusively, all rights, title and interest in and to the Web Site, all the Resources thereon, and the look and feel and the design and organization of the Web Site, including but not limited to any related intellectual property and proprietary rights. Your access to and use of the Web Site or Resources does not grant to you any ownership rights. Except for the limited permissions expressly stated in these Terms of Use, Harte Hanks does not grant you any express or implied rights or licenses under any trademarks, copyrights, or other proprietary or intellectual property rights.

 

communication services; user contributions

The Web Site and Resources may include email services, bulletin board services, chat areas, weblogs (or “blogs”), news groups, forums, communities or other communication facilities designed to enable you to communicate with Harte Harks, with others, or with the public (each a "Communication Service"). You agree to use the Communication Services only to post, send and receive messages and materials (each a “User Contribution”) that are proper and comply with these Terms of Use.


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.


If you register with this Web Site or provide data about you, you agree to provide accurate, current, and complete information as may be prompted by a registration form or data input function on the Web Site (collectively “Registration Information”). Use of Registration Information will be in accordance with our Privacy Policy.

 

SUBMITTED MATERIALS

By submitting or sending any information or material submitted to us (including, for example and without limitation, any User Contribution or any information sent to us via e-mail) (“Submitted Materials”), you: (i) represent and warrant that the Submitted Materials are original to you, that you have the right to provide them, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant us (subject to any applicable provisions of our Privacy Policy) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, transfer, perform and display such material (in whole or part) and to incorporate Submitted Materials in other works in any form, media, or technology now known or later developed. You also agree that Harte Hanks is free to use any ideas, concepts, know-how, or techniques that you provide to us for any purpose. We are not responsible for maintaining any Submitted Materials that you provide to us, and we may delete or destroy any such Submitted Materials at any time.

Subject to any applicable provisions of our Privacy Policy, any Submitted Materials will be deemed not to be confidential. Unless specifically requested by Harte Hanks in writing, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or materials from you through the Web site, by email or in any other way.

 

privacy and protection of personal information

See the Privacy Policy for information relating to our collection and use of personally-identifiable information on this Web site.

 

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.

 

NO UNLAWFUL OR PROHIBITED USE.

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 mirror any of the content from this Web site on another Web site or in any other media. 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 anyone 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

If you are a client of Harte Hanks, your usage of this Web Site or Resources also may be subject to the terms of a license or other agreement between your company and Harte Hanks. You should refer to that agreement and to these Terms of Use with regard to your use of this Web Site and the Resources.

 

COPYRIGHT NOTICE

The Web Site and Resources are protected by U.S. and international copyright laws and treaties. Copyright ©2013 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.

 

TRADEMARKS

Harte Hanks, Trillium, Postfuture, CI Pipeline, Computer Intelligence, Market Advantage, Allink, Aberdeen, Global Address, 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 Web site for copies of our SEC filings.

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Harte Hanks and its current and former directors, officers, employees and agents from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Web Site, your placement or transmission of any message, content, information, software or other materials through the Web Site, or your breach or violation of the law or of these Terms of Use. Harte Hanks reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Harte Hanks defense of such claim.

 

TERMINATION OF RIGHTS

Your failure to comply with the terms, conditions, and notices on this Web Site will result in automatic termination of any rights granted to you under these Terms of Use.

 

GENERAL PROVISIONS; DISPUTES/JURISDICTION

Except as referenced with respect to Harte Hanks clients, these Terms of Use constitutes the entire agreement between Harte Hanks and you with respect to your use of the Web Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

The Terms of Use are governed by and interpreted under the laws of the State of Texas, without reference to its conflict of law principles. This Web Site is controlled, operated and administered from within the United States of America. Harte Hanks makes no representation that Resources at this Web Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If you access this Web Site from a location outside of the United States, you are responsible for compliance with all local laws.

Any disputes arising under or relating to the Web Site or Terms of Use shall be resolved by an arbitration panel according to the commercial arbitration rules of the American Arbitration Association, which arbitration shall take place in San Antonio, TX; however, to the extent there is potential imminent harm, a party may seek injunctive relief necessary to prevent such harm in the applicable Federal or Texas state courts in San Antonio, TX, and each party agrees to be subject to and hereby submits to the personal jurisdiction of such court.

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.

Additional Terms Specific to Registering or Accessing Aberdeen’s Vault Research Library

Aberdeen offers selected research reports and documents (research products) from its library available to visitors to our Web site. These research products provide compiled information that may be useful in supporting internal technology planning processes, sales training programs, and external customer education programs. Whether Aberdeen content is free, sponsored, or independently produced, Aberdeen stands behind each research product and the analysis it provides. Aberdeen analysts are always available to discuss their findings with you about industry trends in their area of expertise and you can contact us directly at memberservices@aberdeen.com, or by calling 617-723-7890. By registering to receive Aberdeen research products, you acknowledge and agree to the following terms. If you do not agree to these terms, do not register or access our Vault Research Library.

  • You understand and agree that you will not reprint, retransmit, or resell our research content in any form without the written consent of Aberdeen.
  • You understand that some of Aberdeen research activities, and the resulting research documents, are partially, or completely, funded by third parties and that sponsorship details are disclosed within the applicable research reports and associated Webcasts.
  • You agree that unless you specify to us otherwise, Aberdeen may share your personal information with third parties associated with our sponsored research products, as indicated by our Privacy Policy.
  • You understand that while you can change your preferences at any time, registering for Aberdeen's research reports is an opt-in service.
  • You understand and agree that unless you specify to us otherwise, we may contact you regarding other research products.
  • For more information on Aberdeen research attribution and analyst citation, please contact Doug Jensen, Aberdeen Group Public Relations Manager (email Doug.Jensen@Aberdeen.com or call (617) 854-5397).
 

POWER SITE TERMS

You may elect to purchase Power Site advertising services and if you do so, the following terms will apply:

  • One (1) URL is provided for customers who have purchased a subscription to a Power Site. Registration of this URL will be managed by Harte Hanks and redirected to the customer's Power Site profile page. Email, FTP and other related services are not provided to the customer through such URL. A URL provided by Harte Hanks shall remain the property of Harte Hanks and is provided to the customer for the duration of its Power Site advertising only. At such a time that a customer cancels the Power Site advertising or it is otherwise terminated, the URL will become inactive. Harte Hanks reserves the right to release, license, reuse, or resell any URL that has become inactive.
  • One (1) call tracking phone number is provided to each customer that has purchased the Power Site advertising service. The tracking phone number is complimentary up to 500 minutes per month; Harte Hanks reserves the right to charge customers $.15 per minute on minutes of use in excess of 500 minutes per month. This tracking phone number shall remain the property of Harte Hanks and is provided to customers for the duration of their Power Site advertising. Customers agree to use the tracking phone number solely with Harte Hanks advertising. Display of the tracking phone number is permitted in Harte Hanks print advertising. Upon cancellation or termination of a customer's Power Site advertising, the tracking number will be suspended and once deactivated, will be unavailable to a customer for future use.
  • You agree that Harte Hanks may provide call tracking and recording service by engaging a network service provider. The service provider has granted to Harte Hanks a non-exclusive license to offer, access, and manage its services, including recorded calls and call tracking data services, subject to these terms and conditions. You, Harte Hanks and the service provider are each independent entities and none of them are the agent for any of the others.
  • You understand and acknowledge that calls to telephone numbers routed to your facilities may be electronically recorded for quality assurance and that each inbound caller will be automatically notified of such recording.
  • You expressly agree, acknowledge, and warrant that (a) you will provide written notice to all of your employees or agents who might receive and answer such recorded calls (“Call Handlers”) that the calls are recorded and may be monitored, stored or disclosed, (b) you will obtain the prior, express written consent of all Call Handlers to such recording before they are allowed to answer any calls, and (c) you will be solely responsible for obtaining, providing and maintaining such notices and consents. You agree that recorded calls and data may be disclosed where required by applicable law.
  • You agree, acknowledge, and warrant by using the call recording service that you have reviewed the legality of recording, monitoring and divulging telephone calls and the legality of the notice of recording and that neither Harte Hanks nor its service provider makes any representation or accepts any responsibility regarding the legality of recording, monitoring, or divulging telephone calls as it pertains to federal, state, and local laws. You agree, acknowledge and warrant that you have established proper procedures to protect the privacy of the callers and the Call Handlers and the data contained in the calls. In the event the recording notification must be revised to comply with applicable law, you will promptly advise Harte Hanks of this fact, in writing.
  • You hereby agree, acknowledge and warrant that Harte Hanks and its service provider are granted full access to administer, manage, use, and monitor the call tracking and recording systems, call activity, and call recordings in accordance with any agreements or arrangements between Harte Hanks and the service provider.
  • You shall defend, indemnify, and hold harmless Harte Hanks, its service provider and each of their respective agents, including their respective employees, officer and agents from any and all claims, liabilities, losses, costs and /or damages on account of all matters, occurrences, or claims that actually or allegedly arise from or relate to the tracking phone number, calls that use or access such number, or to use of any call recording systems by you or any of your agents, employees or contractors, from the recording of telephone calls or any breach or alleged breach by you of your obligations or representations and warranties under this Agreement.
  • HARTE HANKS AND ITS SERVICE PROVIDER DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE, THAT ARISES FROM OR IS RELATED TO THE CALL RECORDING SYSTEMS OR CALL SERVICES OR YOUR USE THEREOF AND SUCH SYSTEMS AND SERVICES ARE PROVIDED “AS IS.”
  • Neither Harte Hanks nor its service provider, nor any of their respective agents shall be liable or responsible for damages or claims on account of any actual or alleged failure, outage, or other circumstance that may cause any or all of your telephone calls not to be received, recorded, or saved or on account of any unauthorized access to such data, including but not limited to claims relating to loss of business or profits or other consequential losses, any violation of privacy rights, or any data loss, whether based in contract or tort or otherwise. Neither Harte Hanks nor its service provider, nor any of their respective agents shall be liable or responsible for consequential or incidental losses, damages or claims arising from Power Site or related Internet or phone services. The aggregate liability of Harte Hanks, its service provider, and their respective agents for any cause of action arising out of or relating to this and any advertising campaign shall not exceed the amount of fees paid to Harte Hanks such advertising campaign.
  • You may not use or permit any of your employees or agents to use any call recording to intimidate, harass, or otherwise violate the privacy or other rights of a caller or a Call Handler. You will use the call recordings in accordance with all applicable laws. In the event that Harte Hanks learns about your alleged misuse of the call recording system, Harte Hanks and its service provider reserve the right to terminate your use of the call recording system without prior written notice and without liability on their part.
  • This agreement shall not modify or supersede any agreements between you and Harte Hanks relating to the provision of print advertising to you, which other agreements shall continue in full force and effect without modification.
  • Harte Hanks reserves the right to modify the terms of this agreement with regard to advertising or phone service upon written notice to you, in which case you may cancel this agreement within thirty (30) days of your receipt of such notice. If you do not provide such a cancelation notice within the applicable timeframe, you will be deemed to have accepted such modifications.
  • The Power Site terms and conditions are subject to change as stated above.
 
 
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