Hensler Media Solutions LLC
WEB SITE TERMS OF USE
Date of Last Revision: May 5, 2018
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ANY TERMS AND AGREEMENTS INCORPORATED BY REFERENCE BELOW. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE THIS WEB SITE.
These terms of use (“Terms of Use”) apply exclusively to your access to, and use of, the websites operated by Hensler Media Solutions LLC (hereafter referred to as “Hensler Media”) or any of its subsidiaries or affiliates that link to these Terms of Use, including without limitation www.henslermedia.com, www.henslermediasolutions.com, (the “Sites”), and the features and services available through or provided in connection with the Site (the “Services”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Hensler Media or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf and that such entity agrees to indemnify Hensler Media for violations of these Terms.
Hensler Media reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Sites, at any time and in its sole discretion. Hensler Media will indicate at the top of the Terms of Use the date such document was last updated. Any changes or modification will be effective immediately upon posting of the revisions on the Sites, and you expressly agree to waive any notice of such changes. Your continued use of the Sites following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you agree to review the Terms of Use and applicable policies whenever you use the Sites or the Services in order to determine whether such terms have changed and to understand the terms and conditions that apply to your use of the Sites and the Services. If you do not agree to the amended terms, you must stop using the Sites. If you have any questions regarding the use of the Sites, please contact Hensler Media, 120 N Dixon Road #314, Kokomo, IN 46901.
1. Privacy Policy
PERSONAL INFORMATION
As used herein, the term “personal information” means information that specifically identifies an individual (such as user’s name, address, e-mail address, telephone number or other identifier that permits the physical or online contacting of a specific individual) or that is associated with an identifiable person (such as demographic information or information about a person’s activities when such information is linked to personally identifying information). Personal information does not include “aggregate” information, which is data we collect about the use of the Sites or categories of Sites users, from which any personal information has been removed. This Policy in no way limits or restricts our collection of aggregate information.
COLLECTION OF PERSONAL INFORMATION
We may collect personal information in a number of ways when you visit our Sites or use the various services available on our Sites. We may collect certain information you voluntarily provide to us which may contain personal information. For example, if you register for the Sites, we may collect your name, address, email address, telephone number, date of birth, and city and country and we may collect other demographic information that you provide. Personal information may also be collected in connection with leaving comments, posting content, sending an email or message to another user or participating in any interactive areas or features on the Sites.
In addition, from time to time we may collect demographic, contact or other personal or demographic information you provide in connection with your participation in surveys, contests, promotional offers and other activities on the Sites. The information we collect from you is provided by you voluntarily, although if you choose not to provide information, your access to and participation in certain services, features, or activities on the Sites may be restricted. We may also receive information from third parties with whom we have business relationships. If we combine this information with the other personal information we have collected from you, this Policy governs our use and disclosure of such information.
SPECIAL NOTICE REGARDING CHILDREN
Our Sites are not designed for, nor do we knowingly collect, personal information from children under the age of 13. If you are under 13 years of age, please do not provide your personal information to us.
USE OF COOKIES, IP ADDRESSES, AND WEB BEACONS
The Sites may contain “cookies.” A cookie is a piece of data that is stored on your hard drive and records your preferences and other data about your visit to the Sites. If we combine cookies with or link them to any personally identifiable information, we will treat this information as personal information; otherwise, it is treated as and used in the aggregate. Most internet browsers will allow you to erase cookies from your hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. If you block cookies, some portions of the Sites may not function properly, and some features of the Sites may be slowed down or less efficient.
USAGE AND DISCLOSURE OF PERSONAL INFORMATION
In general, we use personal information we collect to facilitate your use of the Sites, to provide you with information, products and services you request, to inform you about other information, events, promotions, products or services we think will be of interest to you, to administer and assist us with the operation of the Sites and of our business. For example, we may use the information we collect to:
• contact you about your use of the Sites, such as for administrative purposes or to provide you with customer service;
• provide you with the services, products or information you requested;
• respond to your emails, submissions, comments, requests or complaints;
• contact you about our products, services, activities, events, promotions or offers and for other marketing, informational, product development and promotional purposes;
• request feedback and to enable us to develop, customize and improve our information and services; and
• enhance compliance with the policies, rules, and other agreements governing the Sites in order to protect the online community and the overall integrity of the Sites.
SHARING OF PERSONAL INFORMATION
If we collect any personal information, we share and disclose such personal information only as described in this Policy (as amended from time to time). We may share personal information with third-party vendors, consultants and other service providers who are engaged by or working with us in connection with the operation of the Sites or performing any services on our behalf. For example, we may use a third party to screen certain content before it is posted to, or to remove postings from, the Sites. In addition, we may offer various features through a third party service provider. When you use these services, you are providing information directly to the provider of these services, and the provision of such information is subject to such party’s own privacy policy. We are not responsible for any information you provide to these parties directly, and we encourage you to become familiar with their practices before disclosing information directly to such third parties with which you come into contact. We also may disclose personal information when we are required to or we believe it is appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply this privacy Policy or our other policies or agreements; to initiate, render, bill, and collect for amounts owed to us; to protect our or our customers’ rights, property or safety; to protect our customers from fraudulent, abusive, or unlawful use of our Site; or if we believe that an emergency involving the danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of personal information. In addition, information about our customers, including personal information, may be disclosed or transferred as part of any merger, acquisition, debt financing, sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which personally identifiable information could be transferred to third parties as one of the business assets of the Company. The Sites may contain links to other sites or other interactive forums hosted by a third party. Please be aware that although we may participate in or utilize such other sites, we are not responsible for the privacy policies or any other practices of such other sites. We encourage you to be aware when you leave our Sites and to read the privacy policies of any Web site that collects personally identifiable information. Similarly, if you entered the Sites through a link on another Web site, we are also not responsible for the privacy practices of that site, and you should review the privacy policy of the originating site before providing any personal information to that site. This Policy applies solely to information collected by us.
ONLINE COMMUNITIES
The Sites may include certain online communities and other interactive features, such as user profiles, forums, message boards and chat rooms. You may be asked to choose a user or member name and password in order to participate in certain features of the Services, which will be available to the general public while you participate in some features of the Services, such as the online communities. We recommend that you not use your real name or other personally identifying names. The information you post in such public areas of the Sites is publicly available and may be viewed by and shared with other users. You can restrict user access to certain information through the privacy preferences setting on your account. However, although we strive to use commercially reasonable efforts to implement these privacy preferences, no system or security measure is perfect or impenetrable. You should always be cautious when giving out personal information to others in public online forums. We are not responsible for protecting such information that you may disclose to third parties through the Sites (e.g. sending your contact information to another user through the chat service).
PROTECTING PERSONAL INFORMATION
We strive to protect personal information while it is under our control. Your account information is accessible online only through the use of a password. To help protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of and acts on the Sites by any person using your password. Please advise us immediately if you believe your password has been compromised or misused.
CORRECTION OF PERSONAL INFORMATION, QUESTIONS
If you would like to verify, correct or delete any personal information we have collected or if you have any questions or concerns regarding this Policy or Hensler Media’s treatment of personal information, please contact us by writing to us at Hensler Media, 120 N Dixon Road #314, Kokomo, IN 46901. Please note that in certain circumstances, we may not, or may not be able to, remove or change certain information. When we receive formal written complaints at this address, it is Hensler Media’s policy to contact the complaining user regarding his or her concerns.
2. Third Party Content and Applications
Hensler Media may provide third-party content and links to Web pages, Web sites and content of third parties (the “Third Party Content”) and may make third-party software applications (such as Google™ Maps) available to users (the “Third Party Applications”) as a service to its users. Hensler Media does not monitor or have any control over, and is not responsible or liable for, any Third Party Content or Third Party Applications. Third Party Content and Third Party Applications are provided “AS-IS,” and Hensler Media does not endorse or sponsor any Third Party Content or Third Party Applications.
3. Copyright and Limited License
Unless otherwise indicated, the Sites and all content and other materials on the Sites or available through the Services, including, without limitation, the Hensler Media logo, and all designs, text, graphics, pictures, news, forecasts, information, data, software, video, sound files, and other content and files, and the selection and arrangement thereof (collectively, the “Site Materials”), are the proprietary property of Hensler Media or its licensors and are protected by U.S. and international copyright and trademark laws. You are granted a limited, non-transferable license to access and use the Sites, the Services and the Site Materials for your non-commercial and personal use only. Use of any software (including any Third Party Applications) downloaded or accessed from the Sites is subject to the terms of the applicable end-user license agreement. Such license is subject to these Terms of Use and does expressly prohibits, without limitation: (a) any resale, transfer, or commercial use of the Sites or the Site Materials; (b) the collection and use of any data or product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying, obscuring, framing, or otherwise making any derivative works or uses of the Sites and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; (g) use of any software or Third Party Applications except in accordance with any applicable end user license agreement; or (h) any use of the Sites, the Site Materials or the Services other than for its intended purpose. Any use of the Sites, the Site Materials or the Services other than as specifically authorized herein, without the prior written permission of Hensler Media is strictly prohibited and will terminate the license granted herein in addition to all other remedies to which Hensler Media and Third Party Content providers may be entitled to breach of these Terms of Use. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws. Except as explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time. All rights not expressly granted are reserved.
4. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Hensler Media has adopted a policy of terminating, in appropriate circumstances as determined by Hensler Media in its sole discretion, subscribers or account holders who it deems to be repeat infringers or posing a greater risk to the integrity of the Sites or Hensler Media’s or Third Party Content providers’ proprietary rights. Hensler Media may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5. Copyright Complaints
If you believe that anything on the Sites infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below. Name of Agent Designated to Receive Notification of Claimed Infringement: Ryan G Hensler. Full Address of Designated Agent to which notification should be sent: Hensler Media Solutions LLC, 921 Wynterbrooke Dr., Kokomo, IN 46901-7745. Telephone Number of Designated Agent: (765) 518-6060. Facsimile Number of Designated Agent: (765) 560-3850.
6. Trademarks
You may not copy, imitate or use, in whole or in part, without the prior written permission of Hensler Media or the applicable trademark holder, any trademark or service mark of Hensler Media or its licensors, including without limitation any logos, product or service name or slogan contained in the Sites. You may not use any meta tags or any other “hidden text” utilizing “Hensler Media” or any other name, trademark or product or service name of Hensler Media without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the copyright and service mark, trademark and/or trade dress of Hensler Media and its licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Hensler Media.
7. Hyperlinks
You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for noncommercial purposes, provided such link does not portray Hensler Media or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any material that is offensive, harassing, adult in nature, gratuitously violent, illegal or otherwise objectionable or inconsistent with the image, standards, or business interests of Hensler Media. This limited right may be revoked at any time for any or no reason whatsoever. You may not use the Ryan Hensler logo or any other proprietary graphic of Hensler Media to link to the Sites without the express written permission of Hensler Media. Further, you may not use, frame or utilize framing techniques to enclose any Hensler Media or subsidiary’s trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Hensler Media’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Hensler Media or any third party. Hensler Media makes no claim or representation regarding and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Sites or of Web sites linking to the Sites. Such sites are not under the control of Hensler Media and Hensler Media is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Hensler Media provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Hensler Media of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
8. Submissions
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, postings, original or creative materials or other information, regarding the Sites or the Services that are provided by you in the form of email, online postings, or other submissions to Hensler Media (the “Submissions”) are non-confidential, non-private, and shall become the sole property of Hensler Media. You hereby assign all of your rights, title and interest in and to such Submissions, including all intellectual property rights therein, to Hensler Media and Hensler Media shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You represent and warrant that all information, materials, and postings you provide to Hensler Media or through the Sites are provided without restriction and that you are fully authorized to provide such material and assign all rights therein to Hensler Media as required above.
9. Disclaimer of Warranties and Liabilities
THE SITES AND ALL SERVICES, SITE MATERIALS, THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS, INCLUDING WITHOUT LIMITATION THE CONTENT, FUNCTIONALITY, ACCURACY, COMPLETENESS, AVAILABILITY, AND UPTIME OF THE FOREGOING, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION OR WARRANTIES. HENSLER MEDIA EXPRESSLY DISCLAIMS ARE WARRANTIES WITH RESPECT TO THE FOREGOING, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, LEGALITY SAFETY, UPTIME, ACCURACY, AND NONINFRINGEMENT. USERS’ USE THE SITE, SITE MATERIALS, THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS CONTAINED THEREIN AT THEIR OWN RISK. IN NO EVENT WILL HENLSER MEDIA BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER OR NOT ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY OR RELATED TO YOUR ACCESS TO, USE OR INABILITY TO ACCESS OR USE, OR ANY CONTENT OR CONDUCT ON OR THROUGH THE SITES OR SERVICES.
10. Applicable Law and Venue
These Terms of Use and your use of the Sites and any Services shall be governed by and construed in accordance with the laws of the State of Indiana, as if such agreements were made and to be entirely performed within the State of Indiana, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state courts of Indiana or the federal courts located in the City of Indianapolis, Indiana and you hereby irrevocably and unconditionally consent and submit to the exclusive personal and subject matter jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.
11. Termination
Notwithstanding any of these Terms of Use, Hensler Media reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites or Services and to block or prevent your future access to and use of the Sites or Services.
12. Severability
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.