Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement.
Subject to the terms and conditions of this agreement (“Agreement”) Fisher Vista, Inc. Corporation, a California Corporation (“Fisher Vista, Inc.) shall provide to you access to use ‘HRmarketer Advocacy’ online hosted services, including but not limited to the use of software components on a hosted basis and associated support options (collectively referred to as the “Service”) and further including a web browser interface, data encryption, transmission, access and storage.
If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use the Service. If these terms and conditions are considered an offer by HRmarketer Advocacy, acceptance is expressly limited to these terms.
Your registration for, and/or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the Fisher Vista, Inc. website incorporated by reference herein, including but not limited to Fisher Vista, Inc.’ privacy and security policies. For reference, a Definitions section is included at the end of this Agreement. Fisher Vista, Inc. offers multiple products and editions of its products. This Agreement governs all products and services offered through the Fisher Vista, Inc. website (the “Site”).
Questions or Additional Information
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to support@HRmarketer.com
Fisher Vista, Inc. reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. Non-Fisher Vista, Inc. customers who receive communications may “opt out” of receiving future marketing and other communications from Fisher Vista, Inc. Fisher Vista, Inc. customers will not have the option of opting out unless they terminate their account with Fisher Vista, Inc. in accordance with the terms of this Agreement. Fisher Vista, Inc. reserves the right to disclose whom its customers are, including disclosure on the Site and in its marketing materials.
Fisher Vista, Inc. hereby grants you a non-exclusive, non-transferable, limited, revocable, worldwide right to use the Service during the License Term, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. In the event that your online ordering process or your Order Confirmation provided for a specific number of Users, your license to use the Service is limited to the specified number of Users. All rights not expressly granted to you are reserved by Fisher Vista, Inc. and its licensors. You may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking, reverse engineering, or other competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service, Fisher Vista, Inc. Technology or the Fisher Vista, Inc. Content in any way; (ii) modify or make derivative works based upon the Service, Fisher Vista, Inc. Technology or the Fisher Vista, Inc. Content; (iii) embed the Service as a "iframe" or "frame" from within another application; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using ideas, features, functions or graphics that are similar to those related to the Service, or (c) copy any ideas, features, functions or graphics of the Service. The Service cannot be shared or used by more than one individual unless (and solely to the extent that) the Order Confirmation allows for sharing within your internal organization. Sharing of the Service outside your organization is never allowed. The proper assignment of username and passwords for the Service and adherence to all terms of this Agreement and Order Confirmation are your sole responsibility. You are responsible for maintaining the confidentiality of your usernames, passwords and accounts. Usernames and passwords may not be shared by more than one individual, and may not be transferred from one individual to another unless the original User no longer requires, and is no longer permitted, access to the Service. You may use the Service only for your internal business purposes and shall not: (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Service or the data contained therein, or Fisher Vista, Inc.’ sites, servers or networks; (iii) attempt to gain unauthorized access to the Service or its related systems or networks; or (iv) take any action that imposes an unreasonably or disproportionately large load on Fisher Vista, Inc.’ infrastructure. Fisher Vista, Inc. shall be entitled to adjust the scope of the Service and the underlying technical infrastructure to reflect the continuing development of the Service and technical advances.
You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Fisher Vista, Inc. immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Fisher Vista, Inc. immediately and use best efforts to stop immediately any copying or distribution of Fisher Vista, Inc. Content that is known or suspected by you or your Users; (iii) not impersonate another Fisher Vista, Inc. user or provide false identity information to gain access to or use the Service; (iv) not use the Service to defame, abuse, harass, threaten or otherwise violate the legal right of others; (v) publish, post, upload, email, distribute or disseminate any defamatory, misleading, infringing or unlawful content; or (vi) collect, store or transmit personal information about individuals or any information that is subject to applicable privacy laws or regulations.
Fisher Vista, Inc. has not reviewed, and cannot review, all of the Content including messages; posted through the Service, and cannot therefore be responsible for that material's content, use or effects. By using the Service and Site, Fisher Vista, Inc. does not represent or imply that it endorses the material posted, or that it believes such material to be accurate, useful or non-harmful. Fisher Vista, Inc. disclaims any responsibility for any harm resulting from the use by visitors of the Site, or from any downloading or sharing by those visitors of content posted.
Fisher Vista, Inc. does not own any content, keyword data, lists of information, or material that you submit to the Service in the course of using the Service (collectively, "Customer Data"). You are entirely responsible for the content of, cost associated with, and any harm resulting from, that Content, regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, does not constitute harassment or illegal activity, and does not violate the privacy or publicity rights of any third party; your Content does not mislead your readers into thinking that you are another person or company.
You hereby grant Fisher Vista, Inc. a worldwide, royalty-free, non-exclusive right during the License Term to use, reproduce, create derivative works of, distribute, perform, transmit and publish your Customer Data for the sole purposes of (i) processing your Customer Data in connection with providing the Service to you, and (ii) storing or hosting the Customer Data in a remote database or on the Site for access by your Users. Your private Customer Data is accessible only to you and persons explicitly authorized by you; data is NOT shared with other customers, or with any other third party; provided that Fisher Vista, Inc. reserves the right to use your Customer Data in order to compile, analyze and disclose to third parties aggregated metrics, data and trends related to the use of its offerings as long as such metrics, data and trends do not contain uniquely identifiable Customer Data. You, not Fisher Vista, Inc., shall have sole responsibility for the accuracy, quality, integrity, legality, appropriateness, and intellectual property ownership or right to use all Customer Data, and Fisher Vista, Inc. shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. Use of the Service is subject to existing laws and legal processes. Nothing contained in this Agreement will limit Fisher Vista, Inc.’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service, which may include disclosing your Customer Data to the applicable authorities.
Fisher Vista, Inc. alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Fisher Vista, Inc. Technology, the Fisher Vista, Inc. Content and the Service and any derivatives, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service, and any aggregated metrics, data and trends compiled by Fisher Vista, Inc.. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Fisher Vista, Inc. Technology or the Intellectual Property Rights owned by Fisher Vista, Inc., Inc. The Fisher Vista, Inc. name, the Fisher Vista, Inc. logo, and the product and service names associated with the Service and Fisher Vista, Inc. Content are trademarks or registered trademarks of Fisher Vista, Inc. or third parties, and no right or license is granted to use them hereunder. The Site may include trademarks, service marks or logos of third parties, all of which are the property of their respective owners. In addition, all content published on the Site belongs to Fisher Vista, Inc. and/or its licensors under applicable copyright law.
During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third party. Fisher Vista, Inc. and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. Fisher Vista, Inc. does not endorse any sites on the Internet that are linked through the Service. Fisher Vista, Inc. provides these links to you only as a matter of convenience, and in no event shall Fisher Vista, Inc. or its licensors be responsible for any content, products, or other materials on or available from such sites. Fisher Vista, Inc. provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.
Because Fisher Vista, Inc. allows content to be posted from third parties and third party websites, there is a chance that the ability to remove any allegedly infringing content will be beyond the control of Fisher Vista, Inc. While Fisher Vista, Inc. will make a good faith effort to remove the allegedly infringing content, once content is posted from the Service and/or Site to any third-party website, Fisher Vista, Inc. will have no control or ability to remove such content. If you believe your copyright has been infringed by a user of Fisher Vista, Inc.’s Site and/or Service posting content from a third party website or to a third party website, we strongly suggest you contact the third party or third party site directly and request the allegedly infringing material be taken down.
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the current price of the chosen edition of the Service at the fee currently in effect. All payments must be made in advance. Payments may be made on a monthly, annual or one-time basis, and amounts owed are payable via automated recurring credit card payment or electronic invoices. All payment obligations are non-cancelable and all amounts paid are non-refundable. You must provide Fisher Vista, Inc. with a valid credit card or annual or one-time prepayment as a condition to signing up for the Service. You hereby represent that you are authorized to provide any credit card you use to sign up for the Service. An authorized License Administrator may adjust the Service edition by executing an additional written Order Confirmation or using the web-based customer administration system within the Fisher Vista, Inc. product if it applies. Changes to the Service edition will result in an adjustment to your fees, and will be subject to the following: (i) the term for the new fees and new Service edition will be coterminous with the preexisting License Term (either Initial Term or Renewal Term, as the case may be); (ii) Service fees will be the then current, generally applicable license fee; (iii) any fee increase that results from changes made in the middle of a billing month will be charged in full on a pro-rated basis for the portion of the billing month following such change; and (iv) any fee reduction that results from changes made in the middle of a billing month will not take effect until the next billing month and no partial refunds will be given. Fisher Vista, Inc. reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are the confidential information of Fisher Vista, Inc., and you agree not to disclose them to any third party.
Fisher Vista, Inc. charges and collects in advance for use of the Service. Fisher Vista, Inc. will automatically renew your subscription as described below, and bill your credit card or submit electronic invoices as mutually agreed upon. The renewal charge will be equal to the Service fee in effect during the prior term, unless Fisher Vista, Inc. has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Unless you provide Fisher Vista, Inc. with a thirty day (30) notification before the end of the applicable subscription period that you want to cancel your subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such renewal (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Fees for other services will be charged on an as-quoted basis. Fisher Vista, Inc.’ fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Fisher Vista, Inc.’ income. You agree to provide Fisher Vista, Inc. with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Fisher Vista, Inc. reserves the right to terminate your access to the Service in addition to any other legal remedies. All invoices and payments to Fisher Vista, Inc. will be in US $. If you believe your invoice is incorrect, you must contact Fisher Vista, Inc. in writing within 45 days of the date of the invoice setting forth details regarding the inaccuracy to be eligible to receive an adjustment or credit.
In addition to any other rights granted to Fisher Vista, Inc. herein, Fisher Vista, Inc. reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance, or the maximum rate permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for the Service during any period of suspension. If you or Fisher Vista, Inc. initiates termination of this Agreement, you will be obligated to pay the balance due on your account for the applicable Initial Term or Renewal Term, as the case may be, computed in accordance with the Charges and Payment of Fees section above. You agree that Fisher Vista, Inc. may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. Fisher Vista, Inc. reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that Fisher Vista, Inc. has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.
This Agreement commences on the Start Date. For all editions or versions of the product, the ”Initial Term” will be as you elect during the online subscription process or as otherwise mutually agreed upon in the Order Confirmation. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term (or one year, if the Initial Term is greater than one year) (each, a “Renewal Term”) at Fisher Vista, Inc.’ then current fees, unless either party gives Sufficient Written Notice. “Sufficient Written Notice” will be thirty (30) days prior to the expiration of the Initial Term or applicable Renewal Term, unless otherwise agreed in the Order Confirmation. In the event this Agreement expires or is terminated for any reason, you agree to extract your Customer Data from the Fisher Vista, Inc. platform prior to the effective date of such expiration or termination. You agree and acknowledge that Fisher Vista, Inc. has no obligation to retain the Customer Data, and may delete such Customer Data 30 days after expiration or termination. The following sections shall survive any expiration or termination of this Agreement: 1, 4, 5, 7, 9, 10 and 13 – 22, 23 (to the extent set forth therein) and 24.
Any breach of your payment obligations or unauthorized use of the Fisher Vista, Inc. Technology or Service will be deemed a material breach of this Agreement. Without limiting its ability to pursue other remedies, Fisher Vista, Inc., in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement.
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Fisher Vista, Inc. represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online Fisher Vista, Inc. help documentation (as may be updated from time to time) under normal use and circumstances. In the event the Service fails to perform substantially in accordance with such help documentation, and you promptly notify Fisher Vista, Inc., Fisher Vista, Inc. will modify the Service and/or the documentation so that it conforms. The foregoing is your sole and exclusive remedy for Fisher Vista, Inc.’ failure to satisfy the foregoing representation. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.
You shall indemnify and hold Fisher Vista, Inc., its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; (iii) a claim arising from the breach by you or your Users of this Agreement; or (iv) any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, provided in any such case that Fisher Vista, Inc. (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release Fisher Vista, Inc. of all liability and such settlement does not affect Fisher Vista, Inc.’ business or Service); (c) provides to you all reasonably available information and assistance; and (d) has not compromised or settled such claim. Fisher Vista, Inc. shall indemnify and hold you and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with a claim alleging that the Service directly and knowingly infringes a copyright, a U.S. patent issued as of the Effective Date, or a trademark of a third party; provided that you (a) promptly give written notice of the claim to Fisher Vista, Inc.; (b) give Fisher Vista, Inc. sole control of the defense and settlement of the claim (provided that Fisher Vista, Inc. may not settle or defend any claim unless it unconditionally releases you of all liability); (c) provide to Fisher Vista, Inc. all reasonably available information and assistance; and (d) have not compromised or settled such claim. Fisher Vista, Inc. shall have no indemnification obligation, and you shall indemnify Fisher Vista, Inc. pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, services, hardware or business process(es). If as a result of any infringement by the Service (other than as described in the preceding sentence) your use of the Service is enjoined by a court of law, Fisher Vista, Inc. will either modify the Service to make it non-infringing, acquire a license for you to continue using the Service, or if neither option is possible, refund to you the applicable fees paid by you in advance.
FISHER VISTA, INC. AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. FISHER VISTA, INC. AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY FISHER VISTA, INC. AND ITS LICENSORS.
FISHER VISTA, INC.’ SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. FISHER VISTA, INC. IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
16. Limitation of Liability
IN NO EVENT SHALL FISHER VISTA, INC.’ AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, THE FISHER VISTA, INC. TECHNOLOGY OR CONTENT, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
The Service provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of other applicable countries. You acknowledge and agree that the Service shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States or any other applicable country maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. and other applicable export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. The Service may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000. Fisher Vista, Inc. and its licensors make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Fisher Vista, Inc. Content contrary to United States or other applicable law is prohibited. None of the Fisher Vista, Inc. Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States government and other applicable governmental bodies for such purposes.
Fisher Vista, Inc. may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in Fisher Vista, Inc.’ account information, or by written communication sent by first class mail or pre-paid post to your address on record in Fisher Vista, Inc.’ account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Fisher Vista, Inc. (such notice shall be deemed given when received by Fisher Vista, Inc.) at any time by any of the following: letter to Fisher Vista, Inc. delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Fisher Vista, Inc., in either case, addressed to the attention of: VP of Finance.
Fisher Vista, Inc. reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
This Agreement may not be assigned by you without the prior written approval of Fisher Vista, Inc. but may be assigned without your consent by Fisher Vista, Inc. to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of Fisher Vista, Inc. directly or indirectly owning or controlling 50% or more of you shall entitle Fisher Vista, Inc. to terminate this Agreement for cause immediately upon written notice.
In the event that you are being provided with a free trial under this Agreement, all provisions of this Agreement pertaining to warranties by Fisher Vista, Inc., indemnification by Fisher Vista, Inc., payment obligations and similar shall not apply. In addition, notifications provided through the Service indicating the remaining number of days in the free trial shall constitute notice of termination. Further, Fisher Vista, Inc. may terminate a free trial at any time and for any reason.
This Agreement shall be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in San Jose, California. No text or information set forth on any other purchase order, preprinted form or document (other than an Order Confirmation, if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Fisher Vista, Inc. as a result of this Agreement or use of the Service. The failure of Fisher Vista, Inc. to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Fisher Vista, Inc. in writing. This Agreement, together with any applicable Order Confirmation, comprises the entire agreement between you and Fisher Vista, Inc. and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. In the event that any of your Users are contractors to your organization, you agree that such contractors shall be required by written agreement to comply with all applicable restrictions set forth in this Agreement, and you shall be fully liable for and indemnify Fisher Vista, Inc. with respect to any failure of any contractor to so comply.
As used in this Agreement now or hereafter associated herewith: "Start Date" means the earlier of either the date this Agreement is accepted by selecting the "I Accept" option presented on the screen after this Agreement is displayed or the date listed as the start date on the Order Confirmation; "Initial Term" means the initial period during which you are obligated to pay for the Service equal to the billing frequency selected by you during the subscription process; "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world; "License Administrator(s)" means those Users designated by you who are authorized to purchase licenses online through the Site or by executing written Order Confirmations and to create User accounts and otherwise administer your use of the Service; "License Term(s)" means the period(s) during which a specified number of Users are licensed to use the Service pursuant to the Order Confirmation(s); "Order Confirmation(s)" means the form evidencing the initial subscription for the Service and any subsequent Order Confirmations submitted online through the Site or in written form, specifying, among other things, the number of Users, if applicable, and other services contracted for (including, if applicable, the PPC Express Service), the applicable fees, the billing period, the payment method, and other charges as agreed to between the parties, each such Order Confirmation to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Confirmation, the terms of this Agreement shall prevail); "Fisher Vista, Inc." means Fisher Vista, Inc., Inc., a California corporation, having its principal place of business at 119 Marina Ave., Aptos, CA 95003, USA; "Fisher Vista, Inc. Technology" means all of Fisher Vista, Inc.’ proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by Fisher Vista, Inc. in providing the Service; "Service(s)" means the specific edition of Fisher Vista, Inc.’ online search engine marketing services, developed, operated, and maintained by Fisher Vista, Inc., accessible via http://www.HRmarketer.com or another designated web site or IP address, and any ancillary online or offline products and services provided to you by Fisher Vista, Inc., to which you are being granted access under this Agreement, including without limitation the Fisher Vista, Inc. Technology, the Fisher Vista, Inc. Content and any support services agreed to by Fisher Vista, Inc.; "User(s)" means your employees, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied user identifications and passwords by you (or by Fisher Vista, Inc. at your request). “Fisher Vista, Inc. Content” means any thought leadership published or otherwise made available by Fisher Vista, Inc., including without limitation white papers, blog content, newsletters and any other publications.
We can be reached via our online contact form or you can reach us by telephone at 831-685-9700.
For each visitor to our Website, our Web server automatically recognizes only the consumer’s domain name and IP address, but not the e-mail address (unless provided via one of our online forms).
We collect only the domain name, (but not the e-mail address of visitors to our Website), the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, information volunteered by the consumer, such as survey information and/or site registrations.
The information we collect is used for internal review and is then discarded, or is used to improve the content of our Website, or is used by us to contact consumers for marketing purposes, if requested.
With Respect to Cookies
With Respect to Ad Servers
We do not partner with or have special relationships with any ad server companies.
To be permanently removed from our lists, please provide us with your name, phone number and email address. We will be sure your name is permanently removed from our global list. From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our Website to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically. Upon request we provide website visitors with access to contact information (e.g., name, address, phone number) that we maintain about them. You can access this information by e-mail us at the above address. Upon request we offer visitors the ability to have inaccuracies corrected in contact information. You can have this information corrected by sending us e-mail at the above address.
Links to Other Websites
HRmarketer.com and messages posted in any HRmarketer.com Site and/or Service may contain links or references to other websites. HRmarketer.com cannot control and cannot be held responsible for the content that appears on those sites, and is not an endorsement, authorization, or representation of our affiliation with that third party. Furthermore, HRmarketer is not responsible for the privacy policies of any third party site or for how they treat information about their users. These third party sites may place their own cookies on your computer, collect data, or solicit personal information. You may be consenting to those websites through use of ours. We encourage you to read the privacy policies or statements and terms of service for each of the other websites you visit.
We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.
If you feel that this site is not following this stated information policy, you may contact us or, the DMA’s Committee on Ethical Business Practices at email@example.com.