Thursday, 14 May 2015 15:50

Disclaimer

General Disclaimer

From Wikipedia, the free encyclopedia:

A disclaimer is generally any statement intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally recognized relationship. In contrast to other terms for legally operative language, the term disclaimer usually implies situations that involve some level of uncertainty, waiver, or risk.

 

A disclaimer may specify mutually agreed and privately arranged terms and conditions as part of a contract; or may specify warnings or expectations to the general public (or some other class of persons) in order to fulfill a duty of care owed to prevent unreasonable risk of harm or injury. Some disclaimers are intended to limit exposure to damages after a harm or injury has already been suffered. Additionally, some kinds of disclaimers may represent a voluntary waiver of a right or obligation that may be owed to the disclaimant.

 

Disclaimers vary in terms of their uniformity. Some may vary depending on the specific context and parties involved, while other types of disclaimers may strictly adhere to a uniform and established set of formalities that are rarely or never modified, except under official authority. Some of these formal disclaimers are required pursuant to industry regulation, qualification for protection under a safe harbor, and other situations where the exact wording of a particular clause or document may be dispositive in the event of a legal dispute. (See e.g., Product liability, Toxicity Class, Rule against perpetuities, Public Health Cigarette Smoking Act.)

The presence of a disclaimer in a legally binding agreement does not necessarily guarantee that the terms of the disclaimer will be recognized and enforced in a legal dispute. There may be other legal considerations that render a disclaimer void either in whole or part

From The Free Dictionary:

dis·claim·er

 (dĭs-klā′mər)
n.
1. A repudiation or denial of responsibility or connection.
2. Law A declining of responsibility or liability for something.

[Middle English, denial of a feudal claim, from Anglo-Norman desclaimer, to disclaim, denial of a feudal claim; see disclaim.]
American Heritage® Dictionary of the English Language, Fifth Edition. Copyright © 2011 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.
 

dis•claim•er

(dɪsˈkleɪ mər)

n.
1. the act of disclaiming; the repudiating or denying of a claim; disavowal.
2. a person who disclaims.
3. a statement, document, or the like that disclaims.
[1400–50; late Middle English < Anglo-French: n. use of infinitive; see disclaim, -er3]
Random House Kernerman Webster's College Dictionary, © 2010 K Dictionaries Ltd. Copyright 2005, 1997, 1991 by Random House, Inc. All rights reserved.
Noun 1. disclaimer - (law) a voluntary repudiation of a person's legal claim to something
renunciation, repudiation - rejecting or disowning or disclaiming as invalid; "Congressional repudiation of the treaty that the President had negotiated"
law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
  2. disclaimer - denial of any connection with or knowledge of
disavowal
denial - the act of refusing to comply (as with a request); "it resulted in a complete denial of his privileges"
abjuration, recantation, retraction - a disavowal or taking back of a previous assertion
Based on WordNet 3.0, Farlex clipart collection. © 2003-2012 Princeton University, Farlex Inc.

 

dis-claim-er

noun
A refusal to grant the truth of a statement or charge:
Law: traversal.
The American Heritage® Roget's Thesaurus. Copyright © 2013, 2014 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.
 

 Exit Conversion Website Disclaimer

1.            Introduction

 1.1          This disclaimer shall govern your use of our website.

 1.2          By using our website, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website.

 1.3          Our website uses cookies; by using our website or agreeing to this disclaimer, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

 

2.            Credit

 2.1          This document was created using a template from  SEQ Legal (http://www.seqlegal.com).

 

3.            Copyright notice

 3.1         Copyright (c) 2015 Exit Conversion by MasterForms Mobile & Web All Rights Reserved

 3.2         Subject to the express provisions of this disclaimer:

 (a)          we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

 (b)          all the copyright and other intellectual property rights in our website and the material on our website are reserved.

 

4.            Licence to use website

 4.1         You may:

 (a)           view pages from our website in a web browser;

 (b)           download pages from our website for caching in a web browser; and

 (c)           print pages from our website, subject to the other provisions of this disclaimer.

 4.2         Except as exp

 4.3         You may only use our website for your own personal and or business purposes, and you must not use our website for any other purposes.

 4.4         Unless you own or control the relevant rights in the material, you must not:

 (a)           republish material from our website (including republication on another website);

 (b)           sell, rent or sub-license material from our website;

 (c)            show any material from our website in public;

 (d)           exploit material from our website for a commercial purpose; or

 (e)           redistribute material from our website.

 4.5         We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

 4.6         Subscribers with a Reseller Account are given the right to 'resell access' to subscriptions within the www.exitconversion.com  and api.exitconversion.com sub-domain which controls our Bounce Protection software

 

5.            Acceptable use

 5.1         You must not:

 (a)           use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

 (b)           use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

 (c)            use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

 (d)           conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

 (e)           access or otherwise interact with our website using any robot, spider or other automated means;

 (f)            violate the directives set out in the robots.txt file for our website; or

 (g)           use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

 5.2         You must not use data collected from our website to contact individuals, companies or other persons or entities.

 5.3         You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].

 

6.            Limited warranties

 6.1         We do not warrant or represent:

 (a)           the completeness or accuracy of the information published on our website;

 (b)           that the material on the website is up to date; or

 (c)            that the website or any service on the website will remain available.

 6.2          We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

 6.3          To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.

 

7.            Limitations and exclusions of liability

 7.1          Nothing in this disclaimer will:

 (a)            limit or exclude any liability for death or personal injury resulting from negligence;

 (b)            limit or exclude any liability for fraud or fraudulent misrepresentation;

 (c)             limit any liabilities in any way that is not permitted under applicable law; or

 (d)            exclude any liabilities that may not be excluded under applicable law.

 7.2          The limitations and exclusions of liability set out in this Section 7 and elsewhere in this disclaimer:

 (a)            are subject to Section 7.1; and

 (b)            govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

 7.3          To the extent that our website and the information and some of our subscription services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

 7.4          We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

 7.5          We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

 7.6          We will not be liable to you in respect of any loss or corruption of any data, database or software.

 7.7          We will not be liable to you in respect of any special, indirect or consequential loss or damage.

 7.8          You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or this disclaimer (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

 

8.            Variation

 8.1          We may revise this disclaimer from time to time.

 8.2          The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.

 

9.            Severability

 9.1          If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

 9.2          If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

10.          Law and jurisdiction

 10.1        This disclaimer shall be governed by and construed in accordance with Australian Law .

 10.2        Any disputes relating to this disclaimer shall be subject to the [exclusive / non-exclusive] jurisdiction of the courts of Australia.

 

11.          Statutory and regulatory disclosures

 11.1        We are registered with ASIC (Australian Securities & Investment Commission); you can find the online version of the register at www.asic.gov.au, and our ABN is available online.

 11.2        We subscribe to [code(s) of conduct], which can be consulted electronically at [URL(s)].

 

12.          Our details

 12.1        This website is owned and operated by MasterForms Mobile & Web.

 12.2        We are registered in Australia under ABN 64815905768, and our registered office is at www.mfmaw.com.

 12.3        Our principal place of business is at www.exitconversion.com.

 12.4        You can contact us by writing to the business address given above, by using our website contact form, by email to This email address is being protected from spambots. You need JavaScript enabled to view it.  or by telephone on +61 (0403 743 229).

 


Published in Exit Controller
Thursday, 14 May 2015 14:11

Privacy Policy

Privacy Policy

Your privacy is critically important to us. her at Exit Conversion we have a few fundamental principles:

  • We don’t ask you for personal information unless we truly need it. (We can’t stand services that ask you for things like your gender or income level for no apparent reason.)
  • We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
  • We don’t store personal information on our servers unless required for the on-going operation of one of our services.
  • In our blogging products, we aim to make it as simple as possible for you to control what’s visible to the public, seen by search engines, kept private, and permanently deleted.

Below is our privacy policy which incorporates these goals: (Note, this privacy policy is available under a Creative Commons Sharealike license, which means you’re more than welcome to steal it and repurpose it for your own use, just make sure to replace references to us with ones to you, and if you want we’d appreciate a link to exitconversion.com somewhere on your site.)

If you have questions about deleting or correcting your personal data please contact our support team.

Exit Conversion. (“ExitConversion”) operates several websites including *.exitconversion.com, exitcontroller.comexitconvertor.com and bouncerating.com. It is Exit Conversion’s policy to respect your privacy regarding any information we may collect while operating our websites.

Website Visitors

Like most website operators, Exit Conversion collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Exit Conversion’s purpose in collecting non-personally identifying information is to better understand how Exit Conversion’s visitors use its website. From time to time, Exit Conversion may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Exit Conversion also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on bouncerating.com blogs. Exit Conversion only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that blog commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog where the comment was left.

Gathering of Personally-Identifying Information

Certain visitors to Exit Conversion’s websites choose to interact with Exit Conversion in ways that require Exit Conversion to gather personally-identifying information. The amount and type of information that Exit Conversion gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a blog at bouncerating.com to provide a username and email address. Those who engage in transactions with Exit Conversion – by purchasing access to API used for Bounce Prevention service, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Exit Conversion collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Exit Conversion. Exit Conversion does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

Exit Conversion may collect statistics about the behavior of visitors to its websites. For instance, Exit Conversion may monitor the most popular blogs on the bouncerating.com site or use information logged by our API to better understand its usage trends. Exit Conversion may display this information publicly or provide it to others. However, Exit Conversion does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

Exit Conversion discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Exit Conversion’s behalf or to provide services available at Exit Conversion’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Exit Conversion’s websites, you consent to the transfer of such information to them. Exit Conversion will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Exit Conversion discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Exit Conversion believes in good faith that disclosure is reasonably necessary to protect the property or rights of Exit Conversion, third parties or the public at large. If you are a registered user of an Exit Conversion website and have supplied your email address, Exit Conversion may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Exit Conversion and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Exit Conversion takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Exit Conversion uses cookies to help Exit Conversion identify and track visitors, their usage of Exit Conversion website, and their website access preferences. Exit Conversion visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Exit Conversion’s websites, with the drawback that certain features of Exit Conversion’s websites may not function properly without the aid of cookies.

Business Transfers

If Exit Conversion, or substantially all of its assets, were acquired, or in the unlikely event that Exit Conversion goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Exit Conversion may continue to use your personal information as set forth in this policy.

Ads

Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Exit Conversion and does not cover the use of cookies by any advertisers.

Comments

Comments and other content submitted to our API service are saved on our servers and remain under the explicit control of subscribers to the API subscription service and are only directly managed by us unless a subscription is cancelled or lapses, in which case we store them long enough to enable a subscriber to renew there subscription for the same domain as before.

Privacy Policy Changes

Although most changes are likely to be minor, Exit Conversion may change its Privacy Policy from time to time, and in Exit Conversion’s sole discretion. Exit Conversion encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a bouncerating.com account, you should also check your blog’s dashboard for alerts to these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

Change log:

  • May 14th 2015: Placed this Creative commons licensed Privacy Policy for use here at Exit Conversion
Published in Exit Controller