Posting Date: November 19, 2019
Effective Date: December 2, 2019
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE
If you have any questions regarding the use of the Sites, please direct such questions to the email address email@example.com.
1. Grant of License
Subject to Your acceptance and compliance with the Site Terms, Hello! grants You a personal, revocable, nontransferable, non-exclusive license to access our Sites and use our Services for personal, non-commercial purposes.
2. Limitations on License
The license granted to You does not include:
(a) any commercial use of our Sites, Services, or other content provided therein;
(b) the collection and use of any product listings, pictures or descriptions;
(c) making derivative uses of any Site or such Site’s contents;
(d) use of any data mining, robots or similar data gathering or extraction methods; or
(e) any use of a Site other than for its intended purpose.
Except as expressly provided herein, You are not conveyed any right or license by implication, estoppel, or otherwise under any patent, trademark, or proprietary right of Hello! or any third party.
You may not: (i) use any “deep link”, “page scrape”, “robot”, “spider”, or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of our Sites or Services or in any way reproduce or circumvent the navigational structure or presentation of our Sites or Services to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through any Site or Service; (ii) attempt to gain unauthorized access to any portion or feature of a Site or Service, including without limitation, the account of any other authorized user or any other systems or networks connected to our Sites or Services or to any server used by Hello! or to any of the services offered on or through our Sites or Services, by hacking, password “mining” or any other illegitimate or prohibited means; (iii) probe, scan, test the vulnerability of any Site or Service or any network connected to a Site or Service; (iv) breach the security or authentication measures on any Site or Service, or any network connected to a Site or Service; (v) reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to any Site or Service; (vi) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any Site or Service, or systems or networks of Hello! or networks connected to our Site and/or Services; (vii) use any device, software, or routine to interfere with the proper working of any Site or Service or any transaction being conducted on a Site or Service, or with any other person’s use of a Site or Service; (viii) use any Site or Service to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use any Site or Service without the express, separate, and prior written permission of Hello! ; (x) create an intact reproduction of any portion of a Site or Service into another website or service; or (xi) use our Sites or Services in an unlawful manner, or in a manner that could damage, disparage, or otherwise negatively impact Hello! .
Unless otherwise indicated, all Site and Service materials and content, including, without limitation, the Hello! logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of Hello! or its licensors. You may download and/or print to hard copy portions of our Sites for the sole purpose of using the materials and content therein for informational, non-commercial, personal use only. You may not remove any proprietary notices, including copyright and trademark notices, or labels from any materials accessed through any Site and/or Service. Any other use of our Sites or Services – including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance – without the prior written permission of Hello! is strictly prohibited.
4. Digital Millennium Copyright Act (“DMCA”) Notice
Hello! is committed to complying with intellectual property laws and requires all users of the Sites and Services to comply with these laws. Accordingly, You may not store any material or content or use or disseminate any material or content though the Sites or Services in any manner that constitutes an infringement of a third party’s intellectual property rights, including rights granted by copyright law.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Upon receipt of proper notification to Hello! by a copyright owner or the copyright owner’s legal agent, Hello! may restrict access and/or terminate use privileges of any user who repeatedly infringes the copyright rights of others
If you believe that any material on our Sites and/or Services infringes upon any copyright which you own or control, or that any link on a Site or Service directs users to another website that contains material that infringes upon any copyright which you own or control, please contact us as at firstname.lastname@example.org with subject line “DMCA”.
All Hello! federally registered and common law trademarks, service marks, and trade names, including but not limited to the Hello! logo (collectively, “Site Marks”), may not be copied, imitated, or used, in whole or in part, without the prior written permission of Hello!. In addition, the look and feel of the Sites and Services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Hello!, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Hello!. All other trademarks, registered trademarks, product names, and company names or logos mentioned herein are the property of their respective owners.
You are granted a limited, non-exclusive right to create a hyperlink to any Site or Service for non-commercial purposes, provided such link does not portray Hello! or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. You may not use, frame, or utilize framing techniques to enclose any Hello! trademark, logo or other proprietary information, including the images found at any Site, the content of any text or the layout/design of any page or form contained on a page without Hello! ‘s express written consent. Except as explicitly provide in these Site Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Hello! or any third party.
7. Third-Party Content & Services
Hello! may provide links to websites, content, and/or services of third parties (collectively, “Linked Third-Party Sites”). Hello! is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Hello! of any Linked Third-Party Site or any information contained therein. Hello! does not monitor or have any control over any Linked Third-Party Site, and therefore Hello! makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of any Linked Third-Party Sites accessible via hyperlink from any Site, or any Linked Third-Party Sites linking to any Site. Additionally, Hello! expressly disclaims any responsibility for the content, materials, accuracy of information, and/or quality of the products or services provided by, available through, or advertised on any Linked Third-Party Sites.
8. Account Security
Registration by You as an authorized user for access to certain areas of the Sites and/or Services may require both a user name and a password (“Authorized User Credentials”). You may also have to provide certain registration information, all of which must be accurate and updated. You are not allowed to share or give Your Authorized User Credentials to anyone else. You are responsible for maintaining the confidentiality of Your password. You agree not to use another person’s Authorized User Credentials or select Authorized User Credentials: (i) with the intent to impersonate another person; (ii) subject to the rights of another person without authorization; (iii) in violation of the intellectual property rights of another person; or (iv) that Hello!, in its sole discretion, deems inappropriate or offensive or discriminates on the basis of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
You acknowledge and agree that You shall have no ownership or other property interest in Your account and/or user name, and You further acknowledge and agree that all rights in and to Your user name and account are and shall forever be owned by and inure to the benefit of Hello!. Failure to comply with the foregoing shall constitute a breach of these Site Terms, which may result in immediate suspension or termination of Your Authorized User Credentials. HELLO! WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. Hello! reserves the right to delete or change Authorized User Credentials (with or without notice) at any time and for any reason.
9. Terms and Conditions of Sale
We have engaged a third-party service provider to operate a website through which You may make payments for Services or products (“Hello! Products”). Please refer to our service provider’s Terms and Conditions for the conditions and policies applicable to your payments for Hello! Products. By choosing to make payments for Hello! Products through the Site, you agree to be bound by and accept such terms and conditions.
You agree to defend, indemnify, and hold harmless Hello!, its independent contractors, service providers, and consultants, and their respective directors, employees, volunteers, and agents, from and against any third-party claim, damages, costs, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of Your use of our Sites and/or Services, including without limitation any actual or threatened suit, demand, or claim made against Hello! and/or its independent contractors, service providers, employees, directors, consultants, or volunteers, arising out of or relating to Your conduct, Your violation of these Site Terms, or Your violation of the rights of any third party.
THE SITES AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HELLO! DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HELLO! DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITES OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. HELLO! DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS SOFTWARE. HELLO! DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITES AND/OR SERVICES, OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OF ANY CONTENT, INFORMATION, MATERIALS, USER CONTENT, FEATURES, SERVICES, PRODUCTS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SITES OR THROUGH LINKS ON THE SITES AND/OR SERVICES. THE USE OF THE SITES AND/OR SERVICES IS ENTIRELY AT YOUR OWN RISK.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HELLO!, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT HELLO! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING TO (A) THE USE OR INABILITY TO USE OUR SITES AND/OR SERVICES; (B) ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH OUR SITES AND/OR SERVICES; OR (C) ANY THIRD-PARTY CONTENT OR MATERIALS (INCLUDING USER CONTENT) OR THE DEFAMATORY, INFRINGING, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. WHILE CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION MAY NOT APPLY TO YOU. IN ANY CASE, THE ENTIRE LIABILITY OF HELLO!, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS, UNDER THESE SITE TERMS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SITES AND/OR SERVICES.
13. Applicable Law
These Site Terms and Your use of our Sites shall be governed by and construed in accordance with the laws of the State of Florida, 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 Site Terms shall be filed only in the state and federal courts located in Orange County, Florida. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, Hello! reserves the right, without notice and in its sole discretion, to terminate your license to use our Sites and/or Services, and to block or prevent future access to and use of our Sites and/or Services.
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
16. Questions & Contact Information
Questions or comments about Hello!’s Sites or Services may be sent via email to email@example.com.
* Hello! Subsidiaries includes Hello! Florida Destination Management, Inc., Hello! Arizona Destination Management, Inc., Hello! Las Vegas Destination Management, Inc., Hello! Washington DC Destination Management, Inc., Hello! Texas Destination Management, Inc., Hello! Nashville Destination Management, Inc., Hello! California Destination Management, Inc. and Hello! Colorado Destination Management, Inc.