Terms and
Conditions of Use
Please read this agreement carefully ("Agreement").
This Agreement states the terms and conditions under which you may use
the HayseBlack.com website (the “Website”). By accessing the
Website you agree to the terms of this Agreement and you indicate that
you have had an opportunity to review the terms of this Agreement and
understand and intend that this Agreement is a legally binding contract.
If you do not agree with the terms of this Agreement, please exit the
Website.
Proprietary
Rights Notice
All text, graphics, logos, button icons, images and the
selection and arrangement of the content of this Website, as well as the
computer programs used to generate web pages and the Website are the exclusive
property of Hayse Black, LLC, its licensors and or affiliates, (collectively,
“Hayse Black”) and is protected by U.S. and international
copyright, trademark, patent and other laws, and may not be used, copied,
modified, distributed, transmitted, displayed, performed, reproduced,
published, licensed, derived from, transferred or sold without the express
written permission of Hayse Black. Hayse Black reserves any and all rights,
in all media and technologies existing now or later developed, not expressly
granted in this Agreement. Access to this Website with the intent to download
information for other than personal use will be considered an infringement
of copyright and prosecuted accordingly. If you obtain prior written permission
from Hayse Black to download material, you must retain all copyright and
other proprietary notices displayed on the materials. The deletion or
alteration of any copyright or other proprietary notices from this Website
is strictly forbidden.
The trademarks, service marks, designs,
images and logos (collectively, "Trademarks") displayed on this
Website are the registered and unregistered trademarks of Hayse Black.
Your use of the Trademarks displayed on this Website except as provided
in this Agreement, is strictly prohibited. Nothing in this Agreement shall
be construed as granting to you a license under any copyright, trademark,
patent or other intellectual property right of Hayse Black. Copyright
© 2009 Hayse Black, LLC, 175 Riverside Drive, #2L New York, NY 10024
U.S.A.
Infringement
Notice
Pursuant to Section 512(c)(2) of the Copyright Revision
Act, as enacted through the Digital Millennium Copyright Act, Hayse Black
has designated Hayden R. Brainard, Rucci, Burnham, Carta, Carello &
Reilly, LLP, 30 Old Kings Highway South, Darien, CT 06820 U.S.A., (203)
899-3300, Copyright Agent of Hayse Black to receive notifications of claimed
infringement. If you believe that your work has been copied and is accessible
on the Website, in a way that constitutes copyright infringement, you
may notify Hayse Black by providing its Copyright Agent with the following
information: (1) An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest; (2) A description
of the copyrighted work that you claim has been infringed, including the
URL (i.e., web page address) of the location where the copyrighted work
exists or a copy of the copyrighted work; (3) Identification of the URL
or other specific location on the Website where the allegedly infringing
material is located; (4) Your address, telephone number and email address;
(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; (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
agent to act on behalf of the copyright owner.
Terms of
Use
In exchange for entering into and complying with this Agreement
Hayse Black hereby grants you a non-exclusive and non-transferable license
to use the Website under the terms of this Agreement. This license is
not a sale of any of Hayse Black’s rights. The Website may be used
only by you, and you may not rent, lease, lend or sub-license its use
or any information or intellectual property of Hayse Black on the Website
or any of your rights under this Agreement. You agree to use this Website
only for personal, non-commercial, lawful purposes. Accordingly, as one
of the terms of this Agreement, you represent, warrant and agree that
you will not use the Website for any purpose or in any manner that is
prohibited by this Agreement or by applicable law. It is your responsibility
to ensure that your use of the Website complies with this Agreement and
to seek prior written permission for any uses not expressly permitted
herein.
In connection with your use of the Website,
you shall not: (1) post, transmit, link, facilitate distribution of or
promote any unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, sexually explicit, obscene, hateful, racially, ethnically or otherwise
objectionable content; (2) harass, threaten, embarrass, or cause distress,
unwanted attention or discomfort upon another person or entity; (3) upload
files that contain software or other material protected by law unless
you own or control the rights thereto or have received all necessary consents;
(4) upload files that contain corrupted files, viruses or any other similar
software files the intent of which is to damage the operation of another's
computer; (5) post or transmit, or cause to be posted or transmitted,
chain letters, pyramid schemes, “junk mail,” “spam,”
unsolicited advertising, promotional materials, or other forms of solicitation
to other users, individuals or entities, except in those areas that are
expressly designated for such a purpose, or collect or harvest screen
names of other users; (6) impersonate any person or entity, including,
a Hayse Black official, or falsely state or otherwise misrepresent your
affiliation with a person or entity; (7) falsify the origin or source
of software or other material contained in a file that is uploaded; (8)
violate any operating rule, policy or guideline of any other interactive
service offered by Hayse Black, its licensors and or affiliates; (9) intentionally
or unintentionally violate any applicable law, rule or regulation having
the force of law; (10) modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or
sell any information, software, products or services obtained from the
Website; (11) use any device, software or routine to interfere or attempt
to interfere with the proper working of the Website or any activity being
conducted on the Website; (12) take any action which imposes an unreasonable
or disproportionately large load on this Website's infrastructure; (13)
disclose or share any password for the Website with any third party or
using your password for any unauthorized purpose; (14) use or attempt
to use any engine, software, tool, agent or other device or mechanism
to navigate or search the Website other than the search engine and search
agents provided for your use by Hayse Black and other than generally available
third party web browsers (e.g., Netscape Navigator, Microsoft Internet
Explorer); and/or (15) attempt to decipher, decompile, disassemble or
reverse engineer any software comprising or in any way making up a part
of the Website. The foregoing is not an exclusive list of the activities
or conduct prohibited in connection with this Website.
Website
Security Rules
You agree not to violate or attempt to violate, the security
of this Website, including: (1) accessing data not intended for your use
or logging into a server or account which you are not authorized to access;
(2) attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization; (3) attempting to interfere with service to any user, host
or network, including, without limitation, via means of overloading, "flooding,"
"mailbombing" or "crashing"; or (4) forging any TCP/IP
packet header or any part of the header information in any e-mail. Any
such unauthorized access is a violation of state and federal law and are
strictly prohibited. Violations, and attempted violations, of network
security may result in civil and/or criminal liability and will be prosecuted
to the fullest extent of the law.
Security
of Data Transmission and Storage
Electronic communications with Hayse Black may not be encrypted.
You acknowledge that there is a risk that data, including email, electronic
communications and personal data, may not be secure and may be accessed
by unauthorized third parties when communicated between you and Hayse
Black or between you and other parties. Hayse Black is not responsible
for, does not control, and disclaims all liability for, the loss of any
information, data or other assets resulting from the inadequacy, failure,
or mere lack or security of any network or other computer system owned
and or operated by you or other parties. Further, Hayse Black does not
guarantee the security or integrity of the Website or services provided
thereby and shall not be liable for the consequences of any breach of
security of the Website or any such services. Hayse Black strongly recommends
to all users that basic security measures such as firewalls, password
and registration information protections be maintained at all times, as
required by this Agreement, to protect proprietary and sensitive information.
If you have any questions regarding implementation of such protections
please contact Hayse Black. Unless otherwise indicated for a particular
Service, any communications or material of any kind that you email, post
or otherwise transmit through the Website, including data, questions,
comments, or suggestions ("Communications") will be treated
as non-confidential and nonproprietary. You hereby unconditionally authorize
Hayse Black to reproduce, disclose, transmit, publish, broadcast, or post
your Communications either on the Website or elsewhere with no liability
or obligation to you. Hayse Black is free to use any ideas, concepts,
know-how, or techniques contained in your Communications for any purpose
including, but not limited to, developing and marketing products using
such information.
Adequate Hardware, Software
You understand that in order for the Website to perform
properly, or at all, you are solely responsible for the hardware, software
or other technology you use to access the Website. Hayse Black will not
be responsible for any service difficulties resulting from your failure
to possess technology adequate to use the Website.
Monitoring
Hayse Black is entitled, but not obligated, to review or
retain your activities on the Website including your activities and Communications.
Hayse Black may monitor your Communications to evaluate the quality of
service you receive, your compliance with this Agreement, the security
of the Website or for other reasons. You agree that such monitoring will
not entitle you to any cause of action or other right with respect to
the manner in which Hayse Black monitors your activities and Communications
and enforces or fails to enforce this Agreement or rules and guidelines
of any Hayse Black service. Hayse Black reserves the right to modify,
reject or eliminate any information residing on or transmitted to its
Website that it, in its sole discretion, believes is unacceptable or in
violation of this Agreement. In no event will Hayse Black be liable for
any costs, damages, expenses or any other liabilities incurred by you
as a result of Hayse Black’s monitoring.
Registration
Information and Privacy
Hayse Black is committed to safeguarding customer information.
Hayse Black will not share nonpublic information about you with third
parties without your consent, except as explained in our Privacy Policy,
the terms of which are incorporated herein by reference. When you register
for services, we may ask you to give us certain identifying information
("Registration"). You agree to provide true, accurate, current
and complete information about yourself. By using this Website you represent
that you have the requisite authority to enter into a binding legal contract
for the services, and make payment for such services, individually or
on behalf of any entity, partnership, association or other organization
as a partner, officer, director employee or agent with actual authority
to so act on behalf of the entity, partnership, association or other organization
for whom you have provided Registration information. Do not share your
Registration information (including passwords, usernames, and screen names)
with any other person. You alone are responsible for all messages posted,
statements made, or acts or omissions that occur within the Website through
the use of your Registration and access information, whether or not authorized
by you. If you believe that someone has used your Registration information
to access the Website without your authorization, please contact us immediately
at 646-705-1583.
Notices,
Communications, and Electronic Signatures
You agree to accept all communications from Hayse Black
at the addresses you provide during Registration. Please promptly update
any changes to your registration information by using the Update User
Information link or by contacting Hayse Black. Hayse Black is entitled
to rely on the most recent information that you have provided. You agree
to waive all claims resulting from failure to receive communications because
of changes in such information. From time-to-time Hayse Black would like
to send you information about its products and services. If you register
for Hayse Black services, you are granting Hayse Black permission to communicate
with you by email. You can opt not to receive such information in the
future by following the instructions below or in any e-mail that we send
to you.
Changes
And other Agreements
Hayse Black may revise this Agreement at any time, without
notice to you, and you agree to be bound by any such revisions. It is
your responsibility to visit the Terms and Conditions link at the bottom
of the Website periodically to review the most current version of this
Agreement. Hayse Balck may also offer other services that may be governed
by different or additional terms and conditions, which are incorporated
herein by reference.
Validity
and Enforceability
You agree to be bound by this Agreement and any affirmation,
assent or agreement you transmit through the Website, including any consent
to receipt of communications through electronic transmission. You agree
that, when you click on an "I Agree" or other similarly worded
buttons or entry fields, your agreement or consent will be legally binding
and enforceable and the legal equivalent of your handwritten signature.
You agree not to contest the validity or enforceability of such agreement
on the grounds that it is not in writing or that it does not contain an
original signature. You agree that such agreement, if introduced as evidence
on paper in any judicial, arbitration, mediation or administrative proceedings,
will be admissible as between the parties to the same extent and under
the same conditions as other business records originated and maintained
in documentary form. You agree not to contest the admissibility of copies
of such agreement under either the business records exception to the hearsay
rule or the best evidence rule on the basis that the agreement was not
originated or maintained in documentary form.
Termination
Of Access Or Services
Hayse Black reserves the right to modify, discontinue,
or terminate your access to this Website or any portion of it, in its
sole discretion, without notice and without limitation, for any reason
whatsoever. Hayse Black and the third party service providers shall have
no liability to you for terminating your access to the Website; provided,
however, that if such termination is without cause, Hayse Black will refund
the pro rata portion of any fee you may have paid for the portion of any
service not furnished to you as of the date of termination. You agree
that Hayse Black will not be liable to you or to any third party for any
modification, suspension or discontinuance of any service.
NO WARRANTY; DISCLAIMER OF LIABILITY;
LIMITATION OF LIABILITY AND DAMAGES. YOU EXPRESSLY AGREE THAT YOUR USE
OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED "AS
IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF
EXCLUSION. IN NO EVENT SHALL HAYSE BLACK BE LIABLE UNDER ANY CIRCUMSTANCES
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OR LOSS OF PROFITS, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH
DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE
(OR ANY LINKED, HOSTED OR CO-LOCATED WEBSITES), OR WITH THE DELAY OR INABILITY
TO USE THIS WEBSITE. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR THE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES HAYSE
BLACK’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW. HAYSE BLACK DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT
OR SERVICE OFFERED THROUGH THIS WEBSITE, EXCEPT AS EXPRESSLY PROVIDED
HEREIN. THE CONTENT PUBLISHED ON THE WEBSITE MAY INCLUDE INACCURACIES,
TYPOGRAPHICAL ERRORS OR OUT-OF-DATE INFORMATION. NEITHER HAYSE BLACK NOR
THIRD PARTY SERVICE PROVIDERS GUARANTEE THE ACCURACY, QUALITY, TIMELINESS,
AND COMPLETENESS OR CORRECT SEQUENCING OF THE INFORMATION OR WARRANT ANY
RESULTS FROM USE OF THE INFORMATION. YOU ACKNOWLEDGE THAT NEITHER HAYSE
BLACK NOR THIRD PARTY SERVICE PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY
ACTION OR INACTION WITH RESPECT TO INFORMATION, CONTENT, OR CHANGES IN
THE WEBSITE.
AS A CONDITION TO ACCESSING AND USING
THIS WEBSITE AND/OR SERVICES, YOU EXPRESSLY AGREE TO WAIVE ANY CLAIM YOU
MAY HAVE AGAINST HAYSE BLACK ANY THIRD PARTY PROVIDERS OR ANY OTHER PERSONS
INVOLVED IN TRANSMITTING INFORMATION OR PROVIDING ANY SERVICES ON THE
WEBSITE OR THROUGH HAYSE BLACK. HAYSE BLACK, ANY THIRD PARTY PROVIDERS,
AND ANY OTHER PERSON INVOLVED IN TRANSMITTING INFORMATION THROUGH THE
WEBSITE WILL NOT BE LIABLE FOR ANY LOSS THAT RESULTS FROM A CAUSE OVER
WHICH THAT ENTITY DOES NOT HAVE DIRECT CONTROL, INCLUDING THE FAILURE
OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES; TELEPHONE
OR OTHER INTERCONNECT PROBLEMS; BUGS, ERRORS, CONFIGURATION PROBLEMS OR
THE INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE; THE FAILURE OR UNAVAILABILITY
OF INTERNET ACCESS; PROBLEMS WITH INTERNET SERVICE PROVIDERS OR OTHER
EQUIPMENT OR SERVICES RELATING TO YOUR COMPUTER OR NETWORK; PROBLEMS WITH
INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES; PROBLEMS
WITH DATA TRANSMISSION FACILITIES OR YOUR TELEPHONE, CABLE OR WIRELESS
SERVICE; OR UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER,
EARTHQUAKES, OTHER NATURAL DISASTERS OR LABOR DISPUTES. IN ADDITION, HAYSE
BLACK IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SOFTWARE, MODEM,
TELEPHONE, WIRELESS DEVICE OR OTHER PROPERTY RESULTING IN ANY WAY FROM
YOUR USE OF THE WEBSITE OR OUR SERVICES.
Indemnification
You agree to defend, indemnify and hold harmless Hayse
Black, Third Party Providers, and each of their employees, contractors,
officers and directors from all liabilities, claims and expenses, including
attorney fees that arise from your use of the Website or Services. Hayse
Black reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you hereunder. In such event, you shall have no further obligation
to provide indemnification for such matter. You agree that no joint venture,
partnership, employment or agency relationship exists between you and
Hayse Black as a result of this Agreement or your use of the Website or
the Services.
Links
Hayse Black may provide links to other websites as part
of our Services. Hayse Black does not control these other websites, is
not responsible for them, and makes no representations as to their availability,
accuracy, content, quality, nature and copyright compliance or any viruses
accessed through them. The fact that Hayse Black provides any such links
is not an endorsement, authorization, sponsorship, or affiliation with
respect to such website, its owners, or its providers. There are risks
in using any information, software, or products found on the Internet,
and Hayse Black cautions you to make sure you understand these risks before
retrieving, using, relying upon, or purchasing anything via the Internet.
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL YOU HOLD HAYSE BLACK LIABLE
FOR ANY LOSS OR DAMAGE CAUSED BY USE OF OR RELIANCE ON ANY CONTENT, GOODS
OR SERVICES AVAILABLE ON OTHER WEBSITES. In addition, you may not link
this Website or any of its web pages, services, information, content,
Third Party Information, or web pages of any Third Party Provider, or
licensors or affiliates of Hayse Black, to your website or any website
of any other party.
Other
Provisions
This Agreement represents the entire binding agreement
between us, and our respective successors and assigns, and supersedes
any and all prior understandings, statements or representations, whether
electronic, oral or written, regarding Hayse Black, the Website or the
information thereon. No waiver of any obligation or right of either party
shall be effective unless in writing, executed by the party against whom
it is being enforced. You acknowledge that, in providing you with access
to the Website and Services, Hayse Black has relied upon your consent
to be bound by the terms of this Agreement and any user or license agreement(s)
related to or accompanying the Website and Services. You further acknowledge
that you have read, understand and agree to be bound by the terms of this
Agreement or any other agreement with Hayse Black that applies to your
use of the Website and our Services, as currently in effect and as amended
from time to time. This Agreement, and all future agreements you shall
enter into with Hayse Black, unless otherwise indicated, shall be governed
by the laws of the state of New York, without regard to conflicts of law
principles thereof. This is the case regardless of whether you reside
or transact business with Hayse Black in New York or elsewhere. Unless
a dispute would be governed by an applicable arbitration clause, you agree
to submit to the personal and exclusive jurisdiction of the courts located
within Kings County, New York. This Website is controlled, operated and
administered from the United States of America. Hayse Black makes no representation
that the information on the Website or services is appropriate, available
or legal for use outside the United States. You may not use the Website
or our Services or export the same from or through this Website in violation
of U.S. export laws and regulations. If you access this Website from a
location outside the United States, you are solely responsible for compliance
with local laws. Any provision of this Agreement that is determined to
be invalid or unenforceable will be ineffective to the extent of such
determination without invalidating the remaining provision of this Agreement
or affecting the validity or enforceability of such remaining provisions.
Hayse Black shall not be liable for any failure to perform its obligations
in connection with any services or access to the Website, where such failure
results from any act of God or other cause beyond its’ reasonable
control (including, without limitation, any mechanical, electronic or
communications failure) which prevents such party from transmitting or
receiving any documents, accessing information, Services or the Website.
Headings or titles of the provisions hereof are for convenience only and
shall have no effect on the provisions of this Agreement.
Consent to E-Mail Communications
and Opting Out
By accessing the Website or services, you are consenting
to the receipt of electronic mail (“e-mail”) from Hayse Black.
Hayse Black may send you e-mail about services, products it believes may
be of interest to you, your account, including regulatory communications
and or legal notices. You may opt-out of future email communication regarding
products and services by clicking Opt-Out below or by following instructions
contained in any e-mail that you receive from us, however, Hayse Black
reserves the right to e-mail you, and you consent to receive via e-mail,
important information relating to regulatory communications and or legal
notices.
Privacy Policy
The purpose of this privacy policy is to inform you of
what types of information that may be gathered about you by Hayse Black,
LLC ("Hayse Black") when you visit HayseBlack.com, how such
information may be used, whether such information will be disclosed to
any third party, and the choices you have regarding use of such information.
Finally, please note that this privacy policy applies only to the website
located at www.HayseBlack.com
(the “Website”). This privacy policy does not apply to any
other website to which this Website is linked and or affiliated.
Consent
By accessing and using this Website or any services provided
by Hayse Black, you consent to the collection and use of Information (defined
below) by Hayse Black and any use of such Information, in accordance with
this Privacy Policy, as amended from time to time, and the Terms and Conditions
of Use of this Website. For more information see “Privacy Policy
Changes” below.
Information Gathered
Hayse Black will be collecting and tracking information
about your activities on the Website on an aggregate and or individual
basis and will know and keep track of precisely who you are (the "Information").
This is done to process transactions and payments, to keep track of what
users may be interested in and to facilitate our marketing and servicing
efforts. Hayse Black does not share personally identifiable information
with third parties. However, Hayse Black may use such Information to contact
you again either by e-mail or by regular mail or telephone in accordance
with the Terms and Conditions of this Website. The information that Hayse
Black may collect and/or track includes: (1) the home server domain names,
e-mail addresses, and type of web browser of visitors to the Website;
(2) the e-mail addresses of visitors that communicate with Hayse Black
via e-mails; (3) information knowingly provided by users in online forms
or otherwise, registration forms (i.e. name, address, phone, comments,
etc.), and (4) aggregate and user-specific information on which pages
visitors access.
Use of Information Gathered
Hayse Black uses the Information to analyze what its users
like and don't like about the Website or its services so that it can design
better products and services. Information about what you are searching
for also helps focus the advertisements, products and services presented
to you, in an effort to make them more valuable to you. However, Hayse
Black will not sell or disclose any personally identifiable Information
without your express written consent, unless compelled to do so by law
and as described further below. Hayse BLack may disclose personal information
about you when required to do so by law and when it has a good-faith belief
that such action is necessary to comply with an appropriate law enforcement
investigation, current judicial proceeding or court order. Hayse Black
may partner with third parties to provide specific services. When the
user signs up for these particular services, Hayse Black may share names,
or other contact information necessary for the third party to provide
these services. These third parties are not allowed to use personally
identifiable information except for the purpose of providing these services.
Third Party Intermediaries
Hayse Black may use an outside shipping company to ship
orders, and a credit card processing company to bill users for goods and
services. These companies do not retain, share, store or use personally
identifiable information for any secondary purposes.
Special Policy with Regards to
Information from Children
In accordance with the Federal Children’s Online
Privacy Protection Act (COPPA), Hayse Black will never knowingly request
personally identifiable information from anyone under the age of 13 without
parental consent.
E-Mail Communications and Opting
Out
E-mail is an important communication channel between Hayse
Black, its users and prospective customers. E-mail sent to Hayse Black
from within our Website (after you have logged on with your account number
and password) is secured with the same Secure Socket Layer (SSL) technology
used to transmit private account information. So please remember that
any e-mail you send to Hayse Black identifying your account should originate
from within our Website. Hayse Black reserves the right to use your e-mail
address to send you important regulatory information or legal notices
relating to your account. You may opt out of receiving email regarding
products, Services and information from Hayse Black at any time by sending
an email to
info@HayseBlack.com
indicating your desire to not receive any further email communications
regarding products, Services and information from Hayse Black.
Cookies
Hayse Black places Internet cookies on the hard drive of
your computer. Internet cookies save a visitor's name, password, user-name,
screen preferences, the pages of the Website viewed by the visitor and
the advertisements, if any, viewed or clicked by the visitor. When the
visitor returns to the Website, Hayse Black will recognize the visitor
by the Internet cookie and customize the visitor's experience accordingly.
In addition, in order to access certain services Hayse Black may require
that you provide certain additional identifying information. You never
have to answer these questions although refusing to do so may limit what
services are available to you. This information may include your subscriber
name or "screen name," areas of interest, password used to access
such Services, method of payment if required, and, if applicable, your
credit card number. If you are comfortable providing the requested information,
such Services are available to you that are impossible for us to offer
to anonymous users. If you prefer, you may set your computer to refuse
cookies. However, you may not be able to take full advantage of the Website
if you do so. Hayse Black reserves the right to request any additional
information necessary to establish and maintain your use of our Services.
Privacy Policy Changes
In an effort to satisfy the needs of our customers Hayse
Black is constantly evolving and adding new information, products, Services
and functionality to this Website. In this effort Hayse Black regularly
conducts reviews of its privacy and security policies and procedures,
particularly when changes are made to this Website. If Hayse Black changes
this privacy policy those changes will be posted to this privacy policy,
the homepage, and other places deemed appropriate by Hayse Black so that
you will always know what information is gathered, how it may be used
and whether it will be disclosed to anyone. Hayse Black will use information
in accordance with the privacy policy under which the information was
collected. If, however, Hayse Black is going to use personally identifiable
information of a user in a manner materially different from that stated
at the time of collection the user will be notified via email. Users will
have a choice as to whether or not their information is used in this different
manner. However, if users have opted out of all communication with Hayse
Black, or deleted or deactivated their account, then they will not be
contacted, nor will their personal information be used in this new manner.
In addition, if any material changes are made to Hayse Black’s privacy
practices that do not affect user information already stored in a Hayse
Black database, a notice will be posted prominently on this Website notifying
users of such change(s). Even if you are no longer a Hayse Black customer,
our Privacy Policy will continue to apply to you and your personal information.
Confidentiality
Any Information that is collected, tracked or screened
by Hayse Black is the property of Hayse Black, subject to and protected
by the Electronic Communications Privacy Act. ANY INFORMATION POSTED,
STORED OR OTHERWISE TRANSMITTED TO NON-PUBLIC PORTIONS OF THE WEBSITE
WILL BE TREATED AS CONFIDENTIAL AND PROPRIETARY INFORMATION AND WILL NOT
BE DISCLOSED TO ANY THIRD PARTY WITHOUT YOUR EXPRESS WRITTEN CONSENT,
OR AS OTHERWISE PROVIDED HEREIN. However, under certain circumstances
Hayse Black may be required to or may choose to provide information about
you to third parties without your consent, as permitted by law, including,
to respond to a subpoena or court order, judicial process or regulatory
authorities, to consumer reporting agencies, in connection with a proposed
or actual sale, merger, or transfer of all or a portion of a business
or an operating unit, and to protect against fraud. In addition, Hayse
Black may provide information about you to our service providers to help
process your registration or provide services (i.e.Verisign).
No Liability for Acts of Third
Parties
Although Hayse Black will use commercially reasonable efforts
to safeguard the confidentiality of Information, transmissions made by
means of the Internet cannot be made absolutely secure. Hayse Black shall
have no liability for disclosure or access to Information due to errors
in transmission, unauthorized access, or other acts of third parties,
as further described in Terms and Conditions.
Links
Hayse Black may provide links to other websites or allow
other website to link to this Website. Hayse BLack does not control these
other websites, Hayse Black is not responsible for them, and Hayse Black
makes no representations as to their information collection practices.
Hayse Black encourages you to review and understand the privacy policies
on these websites before providing any information to them. Any complaints
regarding this Website should be submitted to Hayse Black
info@HayseBlack.com.
The fact that Hayse Black provides any such links is not an endorsement,
authorization, sponsorship, or affiliation with respect to such website,
its privacy and or security policies, its owners, or its providers. You
agree that under no circumstances will you hold Hayse Black liable for
any loss or damage caused by use of or reliance on the information collection
practices of any other website.
Security
Hayse Black has taken commercially reasonable security
measures to help protect against the loss, misuse and alteration of the
information under its control. All information is stored in a secure operating
environment. When sending sensitive information across the Internet -
including your username, password, and purchasing information such as
credit cards – Hayse Black uses encryption software to encrypt all
information sent or received so that it cannot be intercepted and used
by a foreign party. Once your information is received, it is stored on
a secure server, and access to your data is restricted to you and authorized
personnel. Hayse Black also restricts access to the personal and account
information of customers to those employees and third parties who need
to know that information in the course of their job responsibilities and
as required for Hayse Black to provide Services to customers.
Any personal information you send us is encrypted by Secure Socket Layers
(SSL), which protects information you submit or receive through this Website.
In addition, any sensitive personal information that you send to our Website
(such as social security number or mother's maiden name) is held in a
secured environment, protected by tools such as firewalls and/or database
field encryption. Hayse Black uses firewalls to help limit entry by anyone
without proper authorization. A firewall is a security mechanism that
(1) regulates the data going in and out of a network,(2) it is a commonly
used, specialized computer which acts as a shield against data going in
or out of a network, and (3) It checks to make sure that communications
only occur between approved individuals and that the communication is
in the proper protocol.
No representation is made, however, regarding the unconditional security
of such submissions. Hayse Black requires that your browser support SSL,
and does not allow information to be stored on your hard drive unless
you specifically download it and save it on your computer. For security
reasons, access to this site is limited to SSL-capable browsers like Netscape
Navigator 6.2 or higher or Microsoft's Internet Explorer 6.0 or higher.
These browsers will activate SSL automatically whenever you sign on to
your Hayse Black account. Under no circumstances should you use any software,
program, application, or any other device to access or log-in to the website,
or to automate the process of obtaining, downloading, transferring, or
transmitting any content to or from Hayse Black’s computer systems,
website, or proprietary software.
You can tell if you are visiting a secure area within a website by looking
at the symbol on the bottom of your browser screen. If you are using Netscape
Navigator or Internet Explorer, you will see either a lock or a key. When
the symbol appears unbroken or the padlock is in the locked position,
your session connection is taking place via a secure server. If you need
a strong encryption browser, you can go to the Netscape website or the
Microsoft website to download the latest Navigator or Internet Explorer
browser. Hayse Black does not recommend the use of beta browser versions.
Credit Card Processing
Hayse Black has partnered with Verisign for processing
online credit card transactions. Verisign, the leading provider of digital
trust services, has been processing credit cards securely over the Internet
since 1995 and currently provides secure payment services for more than
60,000 online merchants. Verisign's internet payment gateway supports
Secure Socket Layer (SSL) technology with 128-bit encryption. These encryption
technologies work with Netscape Navigator (versions 2.0 and above), Microsoft
Internet Explorer (version 3.0 and above), and AOL (AOL 3.0 and above).
All financial information submitted on Hayse Black’s site is encrypted
and digitally signed as it travels over the Internet using Verisign's
industrial-strength combination of DES encryption and RSA public key technology.
Using your credit card affords you the added advantage of knowing that,
in the event that there is a problem with your purchase, your credit card
company will allow you to dispute purchases. Furthermore, in the extremely
unlikely event that shopping at Hayse Black leads to an unauthorized use
of your credit card, most financial institutions either cover all of the
resultant charges or limit your liability (refer to the Fair Credit Billing
Act or your credit card agreement for further details). Further, to prevent
data compromise in the storage server, VeriSign stores sensitive transaction
information on secure systems that cannot be accessed through the Internet.
Hayse Black does not process credit card transaction or store credit card
information on its servers or on its property. Furthermore, VeriSign uses
hardware and software firewall technology and additional encryption technology
to eliminate all opportunities for intruders to break into a server and
compromise information.
Your Password
Your Hayse Black username and password are your private
entry keys to your Hayse Black account. You should never share it with
anyone and you should change it periodically. You can change your username,
password or other registration information at any time after logging in
by clicking My Account. If you forget your password, choose the option
Please Email Me My Password, the password will immediately be sent to
the email address that you used when you joined
Logging Off
After you've finished accessing your Hayse Black account,
don't forget to log off. This prevents someone else from accessing your
account if you leave your computer and your session has not automatically
shut down.
Hasyse Black® is a registered trademark
of Hayse Black LLC Copyright 2009 © Hayse Black, LLC