Updated: May 25, 2018
Privacy and Data Security
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to HawkPartners and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.
User Submissions, Feedback and Information
Your submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by HawkPartners. User consents, for themselves and on behalf of any children whose information such User submits to HawkPartners, to the use by HawkPartners of the information in compliance with all applicable laws. You are responsible for any Submission you provide and for any consequences arising therefrom. HawkPartners shall not be liable for any damages resulting from the use or misuse by any third party of a Submission, including any personal data provided in a Submission.
We reserve the right in our sole discretion to: (a) review Submissions before allowing them to be posted on the Site; (b) to monitor, filter, edit or remove Submissions; and (c) post or not post Submissions provided to us.
Your Use of the Site
In connection with your use of the Site, you agree that you will not:
- post, upload, publish, submit or transmit any material that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
- interfere with or damage the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use the Site to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, personal contact information or credit, debit, calling card or account numbers;
- violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- use manual or automated software, devices, scripts robots, or other means or processes, including automated scripts, to collect information or otherwise interact with the Site or to access, “scrape,” “crawl” or “spider” any web pages or other Services contained in the Site;
- use, display, mirror or frame the Site, or any individual element within the Site, HawkPartners’ name, any HawkPartners trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without HawkPartners’ express written consent;
- access, tamper with, or use non-public areas of the Site, HawkPartners’ computer systems, or the technical delivery systems of HawkPartners’ providers;
- attempt to probe, scan, or test the vulnerability of any HawkPartners system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by HawkPartners or any of HawkPartners’ providers or any other third party (including another user) to protect the Services or any of the content on the Services;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Any conduct by a User that in our discretion restricts or inhibits any other user from using or enjoying the Site and the Services is expressly prohibited.
HawkPartners reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
While HawkPartners believes and intends that its information security practices reflect good practice, there is no such thing as perfect information security. As such, users assume the risk of security breaches and all consequences resulting from them.
Links to Other Sites
This Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under HawkPartners’ control, and HawkPartners is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
Disclaimer; Limitation of Liability
HAWKPARTNERS’ SERVICES, THE SITE AND ALL TOOLS AND CONTENT OFFERED THROUGH THE SITE ARE PROVIDED “AS IS, AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
The above disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL HAWKPARTNERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF HAWKPARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HAWKPARTNERS’ LIABILITY TO YOU FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, EXCEED THE AMOUNT OF FEES PAID OR OWED BY YOU TO HAWKPARTNERS DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; PROVIDED THAT IF SUCH EVENT OCCURS BEFORE SIX (6) MONTHS HAVE PASSED SINCE THE EFFECTIVE DATE OF THE AGREEMENT BETWEEN THE PARTIES, THEN THE DAMAGES CAP SHALL EQUAL SIX TIMES THE AVERAGE AGGREGATE MONTHLY FEES PAID OR PAYABLE UNDER THE AGREEMENT.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.
HawkPartners may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) HawkPartners’ rights or property, or the rights or property of visitors to or users of the Site. HawkPartners reserves the right at all times to disclose any information that HawkPartners deems necessary to comply with any applicable law, regulation, legal process or governmental request. HawkPartners also may disclose your information when HawkPartners determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
Governing Law; Dispute Resolution
Supplementary Procedures for Consumer Related Disputes.
Notwithstanding the paragraph above, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in U.S. small claims court, (ii) pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a U.S. court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
To the extent that any lawsuit or court proceeding is permitted under the Terms, to the fullest extent permitted by law you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Boston, Massachusetts for the purpose of litigating all such disputes.
Users Outside of the United States
HawkPartners is a limited liability company based in the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Questions and Contact Information
HawkPartners is located at:
800 Boylston Street, Suite 2900
Boston, MA 02199