LICENSE AND RESTRICTIONS
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from different areas of the Site solely for your own noncommercial use. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of any Content, without prior written permission of HCT is strictly prohibited.
All trademarks, service marks, trade names and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to HCT or other respective owners that have granted HCT the right and license to use such Marks. You may not display or reproduce the Marks other than with the prior written consent of HCT, and you may not remove or otherwise modify any trademark notices from any Content.
This Site may allow users to post, submit, or display information, messages, suggestions, questions, comments, postings, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audio visual material, photographs and pictures, digital images, or other content in any form (collectively “User Content”). By posting or submitting User Content on this Site, you hereby grant HCT an exclusive, unrestricted, transferable and sub-licensable, irrevocable, royalty-free and fully paid-up, world-wide, and perpetual license to reproduce, distribute, market, publicly display, modify, make, have made, sell and offer for sale, practice all applicable patent, copyright, moral right, mask work, trade secret, and other intellectual property rights, make derivative works of, exploit and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from HCT in connection with HCT’s exercise of its license rights in and to the User Content you have posted on or submitted to this Site. By posting or submitting the User Content on this Site, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or any other intellectual property right. It is our policy to respond appropriately to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. If you are an owner of intellectual property who believes that your intellectual property has been improperly posted or distributed via this Site, please notify us immediately at [Technology@hctusa.com] or by U.S. mail to [2800 28th Street. Suite 240, Santa Monica CA, 90405]. DMCA notices must be in writing and must include all of the following information:
1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address and all other information reasonably sufficient to permit HCT to contact you;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third parties other than HCT (the “External Sites”). However, even if the third party is affiliated with HCT, HCT has no control over these linked sites, all of which have separate privacy and data collection practices, independent of HCT. HCT has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These External Sites are only for your convenience and therefore you access them at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties. Links do not imply that HCT sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.
THIS SITE, INCLUDING CONTENT, MATERIALS AND OTHER INFORMATION MADE AVAILABLE VIA THE SITE, INCLUDING EXTERNAL LINKS, ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS BASIS,” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, HCT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SOME JURISIDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL HCT, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR THIRD PARTY PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FORM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), OR ANY DAMAGES WHATSOEVER, EVEN IF HCT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY ARISING OUT OF THE USE OF THE SITE OR IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, OR ANY ERRORS, OMISSIONS, VIRUSES OR MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL HCT’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE EXCEED TEN DOLLARS.
Unless explicitly stated otherwise in the Site, you must provide all notices or complaints to HCT via email to [Technology@hctusa.com] or by U.S. mail to [2800 28th Street, suite 240, Santa Monica CA 90405].
INFORMATION COLLECTED AND HOW WE USE IT
Personally Identifiable Information
Personally identifiable information includes your name, address, email, telephone number, or any other information that might reasonably be used to identify you individually. HCT only collects personally identifiable information that is voluntarily provided by visitors to the Site. We may use this information to respond to an email or other inquiry or request, to help improve our Site, or to send updates or notices about HCT. We may also combine the personally identifiable information you provide with other generally or publicly available information to help us identify visitors’ preferences or interests.
Non-Personally Identifiable Information
The HCT web server captures the Internet Protocol (IP) addresses of each connection to our Site and the specific web pages visited during that connection. An IP address is a number assigned to your computer by your internet service provider so that you can access the internet and is generally considered to be non-personally identifiable information because in most cases it changes each time you connect to the internet. IP addresses may be used to diagnose problems with our server, report aggregate information, determine the fastest route for your computer to use in connecting to the Site, and administer and improve the Site. Although the IP address and related information collected is stored in the server log files, no individual is authorized to access those files for any purpose other than system maintenance. We may also use this information to help improve our Site and our services by better understanding our audience. We may also collect non-personally identifiable information in aggregate form to track data such as the total number of visitors to each page of our Site, and the domain names of our visitors’ internet service providers.
DATA SHARING AND TRANSFER.
HCT will not trade, sell or share your personal information for use by any third party without your consent, unless required by law or as disclosed to you when the information is collected. HCT reserves the right to disclose your personally identifiable information based on the good faith belief that such action is necessary or appropriate to (a) protect and defend the rights or property of HCT, or (b) act in urgent circumstances to protect the safety or security of the public or of users of HCT’s services and/or the Site.
Your personal information will generally be stored in the HCT databases, which are located in the United States. Specific information is provided on the Site’s consent or registration form, where needed. Our policy is to ensure that your information is always granted the same level of protection no matter where it is stored. In the event that HCT is involved in a transaction such as a merger, stock purchase or sale, or sale of substantially all of HCT’s assets, your personal information may be transferred to the other party in such transaction.
USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION
Upon our collection of your personally identifiable information, HCT may use such personally identifiable information internally, separately or in combination with pre-existing information, for the following purposes:
· To provide any requested services;
· To troubleshoot problems with the Site, or any services, as requested;
· To customize your experience on the Site;
· To contact you with more information about HCT and its services.
COOKIES AND OTHER TECHNOLOGIES
Cookies help us in many ways to make your visit to the Site more enjoyable and meaningful to you. Cookies are text information files that your web browser places on your computer when you visit a website. HCT may use such “cookie” technology to obtain non-personal information from you as an online visitor. Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent. HCT may also use so-called “web beacons” to access the information contained in its cookies within the Site.
HCT does not knowingly collect any personally identifiable information from children under 13 years old through the Site. However, if the parent or the guardian of a child under 13 believes that the child has provided us with personally identifiable information, the parent or guardian of that child should contact us at [Technology@hctusa.com] or via U.S. mail to [2800 28th Street suite 240, Santa Monica CA 90405], if they want this information deleted from our files. Anyone under 18 years old should seek his or her parent’s or guardian’s permission prior to using or disclosing any personal information on or through the Site.
We use commercially reasonable efforts to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially reasonable means to protect your personal information, we cannot guarantee its absolute security.
LINKS TO OTHER SITES
CHOICE AND OPT-OUT PREFERENCES
Other than cookies or other technological means, HCT does not collect your personally identifiable information unless you choose to provide it. If, at any time, you would like to correct, update or delete your personally identifiable information, or if you prefer not to receive any other form of communication from HCT, please contact us via email to [Technology@hctusa.com] or via U.S. mail to [2800 28th Street suite 240, Santa Monica CA 90405].
SPECIAL NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1798.83, also known as Senate Bill 27, or “Shine the Light” you are entitled to request and receive, free of charge, a copy of HCT’s California Information Sharing Disclosure Notice for the previous calendar year. You may email us at [Technology@hctusa.com] to request a copy. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
QUESTIONS OR COMMENTS