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Introduction

You must read this Terms of Use Agreement (“Agreement”) carefully.  This Agreement constitutes a binding and enforceable Agreement between you and Convertro, Inc. (“Convertro,” “we,” “our,” “us”).  By using this website, you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement, and you represent and warrant that you are at least eighteen years of age (or, as applicable, the age of majority in the state or territory in which you reside) and possess the legal right and ability to enter into this Agreement.  If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using this website.  If any provision of this Agreement conflicts with another written agreement signed by Convertro and you or your company, the respective provision of the signed agreement supersedes this agreement.

Content

The information and graphics on this website are the property of Convertro and are protected by copyright laws of the United States and international treaties.  This website, the information and content contained within it, or any portion thereof may not be reproduced, edited or redistributed without our written permission.  Unless Convertro has agreed in writing, nothing in the Agreement gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, or other distinctive features of our brand.

Privacy Policy

You consent to the collection, storage and analysis of your anonymous data and personally identifiable information in accordance with the terms of our Privacy Policy, which is available here

Passwords and Account Security

You understand and agree that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access our website or services.  If you become aware of any unauthorized use of your account, you agree to contact us immediately .

Links to Other Sites

Our website may link to other websites that we do not control.  We are not responsible for access to or accuracy of any content on such websites.  We provide these links for your convenience and their presence on our site does not constitute an endorsement of the website or its products, services or opinions.  You will need to make your own independent judgment regarding your interaction with these other websites.

Disclaimers

THE CONVERTRO WEBSITE, OUR SERVICES AND OTHER INFORMATION PROVIDED IN CONNECTION WITH OR AS A RESULT OF OUR WEBSITE OR SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND CONVERTRO HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CONVERTRO DOES NOT WARRANT OUR WEBSITE, OUR SERVICES OR OTHER INFORMATION PROVIDED IN CONNECTION WITH OR AS A RESULT OF OUR WEBSITE OR SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF OUR WEBSITE OR SERVICES WILL BE UNINTERRUPTED. FURTHERMORE, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS OR SERVICES ON OUR WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR SERVICES ON THIS WEBSITE OR ON ANY SITES LINKED TO THIS SITE.

Limitation of Liability

IN NO EVENT SHALL CONVERTRO OR ANY OF ITS RESPECTIVE LICENSORS, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR SERVICES ON OUR WEBSITE, EVEN IF CONVERTRO OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. CONVERTRO DOES NOT WARRANT THAT ANY FUNCTIONS CONTAINED IN SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT CONVERTRO OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER CONVERTRO NOR ANY OF ITS RESPECTIVE LICENSORS, AFFILIATES, OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT OF OUR WEBSITE OR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER CONVERTRO, NOR ANY OF ITS LICENSORS, AFFILIATES, OR SUPPLIERS SHALL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST DATA AND LOST PROFITS WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

Indemnification

You agree to indemnify and hold Convertro and its affiliates, shareholders, officers, directors, employees, agents, licensors, and representatives harmless from any claims, losses, damages, suits, demands, liabilities, judgments, litigation costs and attorneys’ fees arising from, or in any way related to, your use of our website or services, your breach of any of your obligations under this Agreement, or your violation of any applicable laws or regulations.

Severability

If a court of competent jurisdiction declares any term or provision in this Agreement invalid or unenforceable, the remaining provisions will nevertheless remain in full force and effect.  Failure by us to exercise or enforce any provision of this Agreement shall not constitute a waiver of any such provision.

Jurisdiction and Venue

This Agreement is governed by and construed in accordance with the laws of the State of California, without reference to choice of law principles.  All disputes hereunder will be resolved in the applicable state or federal courts of the County of Los Angeles, State of California.  The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.  Those who choose to access our website do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

Amendment

You are responsible for reviewing the current version of the Agreement periodically.  Convertro may amend this Agreement from time to time by posting a revised Agreement on our website.  Continued use of our website or services will be deemed acceptance of the amended Agreement.

Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Convertro’s Agent the written information specified below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright or other intellectual property owner’s behalf.

Our Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Convertro, Inc.
Attn: Copyright Agent
4712 Admiralty Way #795
Marina del Rey, CA 90292
Telephone 800.797.0176

301 Arizona Ave, Suite 400, Santa Monica, CA 90401 800.797.0176 info@convertro.com