Hiveminder

About your privacy

We take your privacy and security very seriously. When you choose to use Hiveminder to keep track of what needs doing, you're entrusting us with something important to you. We're going to do everything we can to make sure that your information stays safe and private. The legalese below basically says that we do actually collect your personal information, that we'll be very careful with it and that if somebody tries to mess with us or you, we can do what we need to to stop them and make sure it doesn't happen again.

Our lawyers are somewhat old-school and believe strongly in the power of dense legalese to protect everybody involved. If anything on this page makes your spidey-sense tingle, drop us a line at privacy@hiveminder.com and we'll do whatever we can to improve the situation.

Terms of Use and Privacy Policy

This page states the Terms of Use under which users may access, interact with, and otherwise use Hiveminder™ (the "Service") and the Privacy Policy applicable to the Service. As used herein, the words "user," "you" and "your" mean users of the Service and the words "we," "our" and "BPS" mean Best Practical Solutions LLC, the owner and operator of the Service. Please read this page carefully.

PRIVACY POLICY

We embrace the privacy guidelines as developed by the Online Privacy Alliance (OPA) and the Federal Trade Commission (FTC), and this privacy policy adheres to the principles addressed in those guidelines. To view these guidelines, please visit the web sites of the corresponding organization, http://www.privacyalliance.org/resources/ppguidelines.shtml and http://www.ftc.gov/reports/privacy3/fairinfo.htm.

Collection and use of non-personal information

If you visit the Service, we do not collect any personally identifiable information about you (such as your name, address, phone number or email address) unless you provide it, as described under 'Collection of personal information' below. We do, however, collect non-personally-identifiable (anonymous) information about you, such as the server your computer is logged into or your browser type. Other examples of non-personally-identifiable information include:

Your IP address (a unique number that is automatically assigned to your computer whenever you are surfing the Web; many Web servers automatically identify your computer by its IP address).

Your "top level" domain (i.e., .com, .net, .edu, etc.).

Standard information included with every communication sent on the Internet, such as browser type, operating system, browser language, service provider, and local time.

We collect data from the Web logs of the servers -- the computers that "serve up" Web pages - delivering content on the Service. This includes information about what you view and, along with information gathered from our other users, we create "aggregate data" reports that we may disclose to third parties. We may also study aggregate data in order to enhance our existing services or develop new services. We will not disclose any personal information to a third party without your express prior written authorization, as described under 'Collection of personal information' below. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our or terms of use or to protect our service, site, customers, or others.

Use of cookies

We use cookies on the Service. Cookies are used for record keeping, to track your movements when you visit the Service and to help us determine what type of information to present to you. The use of cookies is an industry standard - you'll find them used at most Web sites. Our cookies do not contain any personally identifiable information about you, and do not damage or alter your system files in any way. The first time you visit the Service, BPS assigns you a unique, anonymous, ID, which is stored in the cookie on your computer.

Collection of personal information

You must register in order to use many features of the Service. We will, and you expressly authorize us to, use the information you provide for the purposes listed in your Registration, including to:

  1. provide and administer the Service;
  2. communicate with you about services, features, products, special offers and unique content available through the Service or other topics related to the Service that we think you might find of interest; and
  3. communicate with you about other products or services we offer.

We do not share this information with other users of the Service nor with outside parties. The only information we provide to other users is that which you elect to share with them. We never use or share the personally identifiable information provided to us in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

Who is collecting your information

Your information is being collected solely by us. See the discussion under "With whom your information may be shared" below concerning the circumstances under which certain of your information may be disclosed to third parties.

With whom your information may be shared

We do not sell trade or rent your personal information to others. As discussed above under "Collection and use of non-personal information," we may provide aggregate statistics about our users, traffic patterns and related site information to third parties or for other marketing and promotional purposes. In these situations, we would not disclose any information that could be used to personally identify you.

How You Can Access Or Correct Your Information

You can access all your personally identifiable information that we collect online and maintain by logging in and editing your information through our Preferences function. We use this procedure to better safeguard your information. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections. You may remove yourself from our database at any time by selecting the Deactivate function or by contacting us and requesting to be removed.

Retention of information

Any information we collect may be retained for an indeterminate period of time.

Confidentiality and Security

We have implemented generally accepted standards of technology security in order to protect information from loss, misuse and unauthorized access, disclosure, alteration or destruction. Only our employees have access to the information we collect, and these employees are made aware of and required to comply with our privacy policy.

Links to Other Sites

The Service may provide links to an external Web site. When you click on such a link, you will leave the Service. The privacy policy of the external website will then be in effect, not our policy. We do not control or make an endorsement of any kind regarding the external site or its privacy policy. Our policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond our control, and is not to be applied in any manner contrary to applicable law or governmental regulation. We do not control cookies from the other sites that you may link to from the Service.

Children

The Service is not a commercial website or an online service directed to children under 13 years of age and our content and other services are not written, intended, or designed for children under the age of 13. To ensure that we stay in compliance with the Children's Online Privacy Protection Act (COPPA), we review the details of COPPA on a regular basis.

Changes to this privacy policy

All versions of this privacy policy are dated with the effective date (the date on which the policy was posted to the Service). We will only use the information we learn about you in the manner described in the Privacy Policy in effect when the information was collected from you. However, we reserve the right to change the terms of this Privacy Policy at any time by posting revisions to the Service.

Changes in corporate structure

If BPS is sold, merged or otherwise transferred to another entity, the personal information you have provided to the Service may be transferred as part of that transaction. However, we will take steps to assure that any personal information is used in a manner consistent with the BPS privacy policy under which it was collected.

Effect of Legal Obligations upon this Privacy Policy

We may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else that could be harmed by such activities. We may disclose user information when we believe in good faith that the law requires it.

Effect of Privacy Policy

This privacy policy is not intended to and does not create any contractual or legal rights in or on behalf of any party. As noted above, we may revise this privacy policy from time to time in our sole discretion.

TERMS OF USE

These terms of use constitute a binding legal agreement (the "Agreement") between you and BPS. If you do not accept the terms stated here, do not use the Service. This Agreement contains the complete terms that apply to your use and participation, and by using the Service you agree to be legally bound by the terms and conditions set forth in this Agreement. This Agreement is subject to change and may be modified at any time, and any such modification shall be effective immediately upon posting of the modified agreement on the Service. If you find changes in these terms that are unacceptable, you should discontinue your use of the Service.

Section 1. General Terms - Content and Communications

(a) The Service is a collaborative task tracking system. Our mission is to provide valuable information to users; however, there may be content or information provided or generated by third parties that is intentionally or accidentally incorrect. The Service may contain inaccuracies or typographical errors. Content has been obtained from third party sources such as users of the Service, newspapers, magazines, and other publications and information sources. We do not have control over the sale, offer, advertisement, promotional or related information published on the Service. BPS shall not be considered to be an advertising or other agency, merchant of goods or services, broker, dealer, advisor, advocate, sales representative, middleman or other intermediary.

Any contacts you make with another person or entity, or decisions you make facilitated through the Service are strictly on your own. You must do your own due diligence and use your best judgment. The use, posting, distribution, or publication of any content OR INFORMATION does not constitute or imply an endorsement, recommendation, advice, opinion or comment by us nor an assurance of legality, quality or safety by us. We cannot guarantee, and assume no responsibility for verifying, the TRUTHFULNESS OR accuracy of the information provided by users of the Service.

(b) We are not obligated to screen communications or postings in advance and is not responsible for screening or monitoring the Service or its posted content. However, you acknowledge and agree that we have the right to monitor the Service electronically from time to time in our sole discretion, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect us or users of the Service.

(c) If we are notified of communications or content that allegedly do not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove the content or terminate use of the Service. We have no liability or responsibility to users for performance or nonperformance of such activities. If you view content or receive communications allegedly inconsistent with this Agreement, you may notify us by sending an email to privacy@hiveminder.com stating the observed behavior. Following receipt of such correspondence, we will make appropriate decisions regarding user terminations, removal of posted content, or other actions we deem appropriate in our sole discretion. All decisions made by us are final and do not imply or impose on us any responsibility or liability for the form, intent, or accuracy of the original, or any future, posted content by or communications between anyone.

Section 2. Copyright and Other Restrictions On Use of the Service and Service Content

(a) Authorization of Use and General Prohibited Uses. We authorize you to view and download content on the Service solely for your lawful, non-commercial and personal use as expressly permitted by and subject to the restrictions contained in this Agreement. The Service shall not be used by any person to post, transmit, display, publish, or distribute content that (i) is in violation of this Agreement, (ii) infringes the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy or publicity or other personal rights of others, (iii) is false, fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, including without limitation, a sexually-explicit or parody image or text, chain letters or pyramid schemes or (iv) violates applicable laws. Your right to use the Service will terminate immediately, without any further action by us, if you breach any of the terms of this Agreement.

(b) Spiders. Users may not use any robot, spider or other automatic device or process to monitor or copy any portion of the Service or the Material in any manner prohibited by us, or attempt to circumvent any "/robots.txt" file or other means of robot or spider exclusion used on the Service.

(c) Copyright; Prohibition Against Copying BPS Material. The contents of the Service developed or contributed by BPS, such as the compilation and arrangement of content including text, graphics, images and other materials, and the hypertext markup language (HTML), scripts or certain other content or software used in the Service (the "BPS Material"), are protected by copyright under both United States and foreign laws. All rights in the BPS Material are reserved to BPS. Unauthorized use of the BPS Material may violate copyright, trademark, and other laws. Regardless of the extent to which the BPS Material is protected by copyright, you agree that you may not sell or modify the BPS Material or copy, display, retransmit, distribute, disseminate, sell, publish, broadcast, or otherwise use BPS Material in any form or media for any public or commercial purpose, including the generation of derivative material, except as expressly permitted by BPS. You must retain all copyright and other proprietary notices contained in the original BPS Material on any copy you make of the BPS Material. The use of the BPS Material on any other website or other telecommunication media or in a networked computer environment for any purpose, without our express prior written permission, is prohibited.

(d) User Material. BPS will not acquire any copyright or other intellectual property right in any material or information (including, without limitation, any names or logos) that is provided or used by any User in connection with use of the Service (the "User Material"). BPS will have no responsibility for the protection of any copyright or other intellectual property right in any User Material.

(e) Trademark. Hiveminder™, the Hiveminder™ logo and other marks are tradenames and trademarks of BPS. Our trademarks may not be used by any person in connection with any product or service that is not offered by BPS, in any manner that is likely to cause confusion in the marketplace, or that disparages or discredits BPS.

Section 3. Disclaimer of Liability

BPS does not warrant that the Service will operate error-free or that the Service and its server are free of computer viruses or other harmful mechanisms. If your use of the Service results in the need for servicing or replacing equipment or data, we are not responsible or liable for those costs. BPS does not guarantee continuous, uninterrupted or secure access to the Service, and numerous factors outside of our reasonable control may interfere with operation of the Service. The Service contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by BPS of the content on such third party websites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk.

The Service and the BPS Material are provided on an 'as is' basis without any warranties of any kind. To the fullest extent permitted by law, BPS disclaims all warranties, including without limitation the warranties of merchantability, non- infringement of third party rights and fitness for a particular purpose. BPS makes no warranties about the accuracy, reliability, completeness, intent, usefulness, or timeliness of the BPS Material, content, services and links. Use of the Service is at your own risk.

Section 4. Limitation of Liability

In no event shall BPS, its affiliates, agents, suppliers, partners, information providers, and their respective officers, directors, employees, contractors and agents or any third parties mentioned at the Service be liable for any damages whatsoever (including without limitation, incidental, consequential, punitive and exemplary damages, lost revenues, or damages resulting from lost data, inconvenience or business interruption) resulting from the use or inability to use the Service, and the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not BPS or such other parties are advised of the possibility of such damages. In no event shall BPS or the aforementioned parties be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance on the Service or any of its content. In no event shall the aggregate liability to you for all claims directly or indirectly arising from the use of the Service exceed one dollar ($1.00). Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained for bases of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement.

Section 5. Indemnity and Release

(a) As a material inducement to provide you with use of the Service, you hereby indemnify, defend and hold BPS, and its officers, directors, owners, agents, partners, information providers, and affiliates (collectively, the "Indemnified Parties") harmless from and against any and all demands, damages, liability, claims, actions, demands and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement, including, reasonable attorneys' fees and costs.

(b) If you have a dispute involving the Service with a third party, you release each of the Indemnified Parties from all claims, demands, damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Section 6. User Information and Privacy

Disclosure and use of your information is subject to BPS' Privacy Policy as set forth below.

Section 7. General

Nothing herein shall be construed to limit our right to warn, suspend or terminate access to the Service by any user who breaches this Agreement, provides inadequate authentication of identity, or whose activities, as determined by BPS in its sole discretion. pose a possible legal or business risk to anyone, including BPS. We may discontinue or change the Service at any time.

This Agreement is personal to you and may not be assigned without our prior written consent. BPS makes no claims any BPS Material is appropriate or may be downloaded outside of the United States. Access to the BPS Material may not be legal by certain persons, or in certain countries.

This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Each party shall comply with all applicable export laws, restrictions, and regulations of any United States or foreign agency or authority and will not export or re- export, or allow the export or re-export of any product, technology or information it obtains or acquires in connection with the Service (or any direct product thereof) in violation of any such laws, restrictions or regulations. If you access the Service from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in Boston, Massachusetts where BPS has its principal place of business. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Captions are for reference purposes only and do not define, limit, construe or describe the scope or extent of any section. Except as expressly provided in a particular "Legal Notice," written license or material on particular Web pages, this Agreement constitutes the entire Agreement between you and BPS with respect to the use of the Service.

CONTACTING US

If you have any questions about the above Terms of Use or Privacy Policy, you can contact:

privacy@hiveminder.com
Best Practical Solutions LLC
PO BOX 441333
Somerville, Massachusetts 02144

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