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Terms of Service & Privacy Policy

Last Updated: 7/13/10

Terms & Conditions of Use

GazeHawk, Inc. and/or its affiliates ("GazeHawk") provide features to you subject to the following conditions. If you visit or use software from GazeHawk, you accept these conditions. Please read them carefully.

Privacy

Please review our Privacy Policy, which also governs your use of the GazeHawk website and software, to understand our practices.

Electronic Communications

When you use the GazeHawk website or software, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of GazeHawk or its content suppliers and protected by United States and international copyright laws unless explicitly stated otherwise. All software used on this site is the property of GazeHawk or its software suppliers and protected by United States and international copyright laws.

License and Site Access

GazeHawk grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of GazeHawk. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another service provider; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GazeHawk. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GazeHawk without express written consent. Any unauthorized use terminates the permission or license granted by GazeHawk. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any public page of GazeHawk.com so long as the link does not portray GazeHawk, or its products or services in a false, misleading, derogatory, or otherwise offensive matter.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. GazeHawk does not provide services or products for children. If you are under 18, you may use GazeHawk.com only with involvement of a parent or guardian. GazeHawk reserves the right to refuse service, terminate accounts, remove or edit content, or revoke credits in their sole discretion.

Videos, Communications, and Other Content

Visitors may, though use of the GazeHawk site and services, upload videos and other data, including but not limited to text and images, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not contain any software viruses. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. GazeHawk reserves the right (but not the obligation) to remove or edit such content, but does not regularly review content.

If you do submit content, video or any other material, and unless we indicate otherwise, you grant GazeHawk a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GazeHawk and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify GazeHawk for all claims resulting from content you supply. GazeHawk has the right but not the obligation to monitor and edit or remove any activity or content. GazeHawk takes no responsibility and assumes no liability for any content posted by you or any third party.

Disclaimer of Warranties and Limitation of Liability

This Site and the software/services it provides operates "AS-IS" and "AS-AVAILABLE," without liability of any kind. We are not responsible for events beyond our direct control. Any legal actions against us must be commenced within one (1) year after the claim arose, or such action(s) will be barred.

GazeHawk makes no representations or warranties of any kind, express or implied, as to the operation or accurracy of this site of the information, content, materials, software, or services included on or otherwise made available to you through this site and the software it provides, unless otherwise specified in writing. You expressly agree that your use of this site is at your own risk.

Site Policies, Modification, and Severability

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your visit to GazeHawk.com and use of the GazeHawk software. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Privacy Policy

Your privacy is important, so GazeHawk has created the following Privacy Policy to let you know what information we collect when you visit our Site & use our Tracking Service, why we collect it and how it is used. This Privacy Policy also addresses the security of data transmited to us via our Site and Tracking Service. This Privacy Policy does not apply to other online or offline GazeHawk sites, products or services. The terms "you," "your," and "yours" refer to the customer/purchaser utilizing our Site or Tracking Service. The terms "GazeHawk," "we," "us," and "our" refer to GazeHawk and its subsidiaries and affiliates. This Privacy Policy is governed by our Terms and Conditions. By using this web site, you consent to the data practices prescribed in this statement. We may periodically make changes to this Privacy Policy that we will include on this page. It is your responsibility to review this Privacy Policy frequently and remain informed about any changes to it, so we encourage you to visit this page often.

What Information Is Collected?

"Personally Identifiable Information" means any information that may be used to identify an individual. GazeHawk may collect the following Personally Identifiable Information from you when you use our Site: a first and last name, home or other physical address, an email address, phone number or other contact information, whether at work or at home. Additionally, GazeHawk may collect the following Personally Identifiable Information from you when you use our Tracking Service: select demographic information, an email address, and video and audio of you. GazeHawk also automatically receives and records information on our server logs from your browser, including your IP address, cookie information and the page you request. You can choose not to provide us with certain information, but then you might not be able to take advantage of many of our features.

How Is Such Information Used?

GazeHawk may use any personally identifiable information to provide customers with product/service information, support the services offered on the web site, to notify users of technical updates or changes in policy, or to deliver other customer services. This includes, but is not limited to, providing the information to any third party we contract with.

Is The Information Shared or Disclosed?

GazeHawk does not rent or sell personal information it collects about you on our Site to or with third parties. GazeHawk will share your information only with companies under contract with GazeHawk to perform services that require such information, and only then if they agree not to share such information. Information collected from you on our Site is only used to complete and support your purchases from and use of the GazeHawk Site and to comply with any requirements of law. GazeHawk does, however, provide any personal information it collects via our Tracking Service to the third party performing the tracking study. Please see their privacy policy for how they use this data.

GazeHawk may disclose personal information if required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on GazeHawk or this web site; (2) protect and defend the rights or property of GazeHawk; or (3) act in urgent circumstances to protect the personal safety of users of GazeHawk, its web sites or the public. If GazeHawk should ever file for bankruptcy or merge with another company, we may transfer the information you provide to us on this to the company with whom we merge.

Choice/Access

GazeHawk shares the minimum amount of personally identifiable information necessary to provide the customer with our services. If any customer does not consent to the sharing of this information they should not use the GazeHawk site or services. Any customer may request that we delete their personally identifiable information from our servers by contacting us via the instructions at http://www.gazehawk.com/contact/.

The Security of Your Information

GazeHawk protects the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts the information you input. All credit card information is stored encrypted on PCI Service Provider Level 3 servers, with the exception of the cardholder's name and the last four digits of the card number. All other information will never be send to a user.

International Transfers

Personal Information collected on this web site may be stored and processed in the United States or any other country in which GazeHawk or its affiliates, subsidiaries or agents maintain facilities, and by using this web site, you consent to any such transfer of information outside of your country.

Children

This Site is not intended for or directed to persons under the age of 13. Any person who provides their information to GazeHawk through the Login, Signup, or Demo page, or any other part of the GazeHawk Site represents to GazeHawk that they are 13 years of age or older.

Cookies

Cookies are small text files stored by your browser in your computer when you visit our Site. We use cookies to improve our Site and make it easier to use. Cookies permit us to recognize users and avoid repetitive requests for the same information. We mostly use "session cookies" that are automatically deleted after each visit. Cookies from our Site can not be read by other Sites. Most browsers will accept cookies until you change your browser settings to refuse them.

Your Consent To This Privacy Policy

By using this Site, you agree to this Privacy Policy. This is our entire and exclusive Privacy Policy and it supersedes any earlier version. Our Terms and Conditions take precedence over any conflicting Privacy Policy provision.

We may change this Privacy Policy by posting a new version of this Privacy Policy on this Site which it is your responsibility to review.

Contacting GazeHawk

If you believe that GazeHawk has not adhered to this Privacy Policy, please contact us via the contact information at http://www.gazehawk.com/contact/ and we will use commercially reasonable efforts to remedy the problem.