Terms and Conditions
Please read these Website Terms and Conditions (“Terms and Conditions”) carefully before using this website (the “Website”) operated by HYPE to Succeed (“HYPE”, “us”, “we”, or “our”).
This Website is owned and operated by HYPE to Succeed. HYPE is a nonprofit, 501(c)(3) public charity whose mission is to provide a platform for young professionals to obtain information about soft skills and general professional life demands.
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Access to the Website is Agreement to Terms
Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, donors, participating nonprofit organizations or their agents, charities, charity teams, fundraisers, fundraising teams, team members and others who use the Website (“you”, “your”, “Participant”).
By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Condition, then you do not have permission to access the Website.
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Changes to these Terms and Conditions
As we add new features and functionality to this Website, we may need to update or revise these Terms and Conditions. We reserve the right to do so, at any time and without prior notice, by posting the revised version on this Website. These changes will be effective as of the date we post the revised version on this Website. By accessing or using this Website following any such change, you are agreeing to be bound by the revised Terms and Conditions. For this reason, it is important for you to review our Terms and Conditions on a regular basis.
You may view or print the current version of these Terms and Conditions at any time by clicking on the link marked “Terms and Conditions” at the bottom of each page of this Website.
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Copyright Compliance
HYPE respects the intellectual property rights of others. Its policy is to respond to any claim that Content posted on the Website infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If a copyright owner believes that the copyrighted work has been copied in a way that constitutes copyright Infringement, please submit such a claim via email to contact@hypetosucceed.org with the subject line “Copyright Infringement” and include in the claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.”
Such claimants may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Website on a copyright.
Claimants may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing HYPE with the following information in writing (See 17 U.S.C. § 512(c)(3) for further detail):
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an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
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a description of the copyrighted work that the owner claims has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
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identification of the URL or other specific location on the Website where the material claimed as is infringing is located;
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owner or representative’s address, telephone number, and email address;
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a statement by the claimant that they have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
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a statement by the claimant, made under penalty of perjury, that the above information in their notice is accurate and that they are the copyright owner or authorized to act on the copyright owner’s behalf.
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Trademarks
This Website contains registered and unregistered trademarks of HYPE and third parties (“Trademarks”). You may not use any Trademarks displayed on this Website without our or the trademark owners’ (as appropriate) prior written permission.
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Our Website Privacy Policy
Our Website Privacy Policy (“Privacy Policy”) describes how we protect your personal information when you use this Website. Our Privacy Policy is part of and is incorporated into these Terms and Conditions. The full Privacy Policy is found further below.
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Ownership of Website and Content
As used in these Terms and Conditions, the term “Content” means all of the software and code that comprise and operate this Website, and all of the text, photographs, images, illustrations, data, graphics, designs, audio, video and audio-video clips, and other materials provided through this Website. HYPE and its licensors own all right, title and interest in the Content, including all copyrights. In addition, the entire Content of this Website is protected as a compilation under U.S. and international copyright laws and treaties, and HYPE owns the copyright in the compilation, including the collection, assembly, selection, coordination and arrangement of the Content of this Website.
By using the Website, you grant permission for HYPE, along with its representatives and employees, to use photographs uploaded by you to the Website. User authorizes HYPE to use and publish the same in print and/or electronically.
We hereby grant you a limited, revocable license to download and print copies of any portion of the Content of this Website to which you have properly gained access only non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices. The foregoing license is subject to these Terms and Conditions and does not include the right to use any data mining, robots or similar data gathering or extraction methods nor the right to “harvest” email addresses. This license is revocable at any time without notice and with or without cause. You may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on this Website except as expressly provided in these Terms and Conditions without our prior written permission. Nothing in these Terms and Conditions shall be construed as transferring any right, title or interest in this Website or its Content to you or anyone else, except the limited license to use this Website and its Content on the terms expressly set forth herein.
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Third-Party Content
Some of the information, articles and other materials available through this Website are provided to HYPE by third parties. These third-party materials are provided for your interest and convenience only. We do not endorse these materials nor the third parties who supply them to us, nor do we warrant or represent that these materials are current, accurate, complete or reliable.
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Communications
By providing HYPE with your email address while utilizing or accessing the Website, you are agreeing to subscribe to newsletters, marketing or promotional materials and other information HYPE may send. You may opt out of receiving any, or all, of these communications at any time by emailing your request to contact@hypetosucceed.org or by following the unsubscribe link or instructions provided in any email HYPE may send.
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Educational Resources
This Website contains educational resources for young professionals. HYPE may make some or all of these materials to you for free or for a fee. Such materials are intended as a resource only, and HYPE does not guarantee any particular outcome. The information you obtain at this Website is not intended to be, nor should you understand it to be, legal or other professional advice of any kind, nor is it intended to replace your obligation to obtain legal or other professional assistance from an attorney or other licensed professional for matters that you believe require such advice.
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Creating Accounts
Creating Accounts. When you create an account with HYPE, you represent that the information provided to HYPE is accurate, complete, and current. HYPE reserves the right to confirm the information you provide for purposes of creating an account on the Website.
Confidentiality of Account and Password. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to computers and/or accounts. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether such password is with the Website or a third-party service. You must notify HYPE immediately upon becoming aware of any breach of security or unauthorized use of your account by contacting them at the phone number listed under contacts.
Content. The Website allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other materials as well as make online donations (“User Content”). You are responsible for the User Content that you post on or through the Website, including its legality, reliability, and appropriateness. By posting Content on or through the Service, you represent and warrant that:
(a) the User Content is owned by you and/or that you have the right to use it and the right to grant HYPE the rights and license as provided in these Terms and Conditions, and
(b) that the posting of such Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
Rights to User Content. You retain any and all rights to any User Content submitted, posted or displayed on or through the Website and are responsible for protecting those rights. HYPE takes no responsibility and assume no liability for User Content that you or any third-party posts on or through the Website. However, by posting User Content using the Website, you grant HYPE the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Website. In addition, User Content found on or through the Website is the property of HYPE or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said User Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from HYPE.
Account Term, Termination and Suspension. These Terms, including the EULA, shall remain in effect until terminated by HYPE. HYPE may, in its sole discretion, at any time and for any or no reason and without limitation, including but not limited to a breach of the Terms or your failure to comply with the Terms of the EULA, terminate or suspend accounts or the EULA and bar your access to the Website immediately. You may also terminate the EULA by deleting the Website and all files associated with it from your mobile device or from your computer. Upon termination of the EULA, you shall cease all use of the Website and delete all copies of its files from your mobile device or from your computer. Termination of the EULA will not limit any of HYPE’s rights or remedies at law or in equity in case of breach by you (during the term of the EULA) of any of your obligations under the present Terms and Conditions. Inaccurate, incomplete, or obsolete information may result in the immediate termination of an account on the Website. HYPE reserves the right to terminate the account of anyone found to be infringing on a copyright. HYPE reserves the right to refuse service, terminate accounts, remove or edit User Content, or cancel orders in its sole discretion.
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Your Feedback
We welcome your comments, feedback, suggestions, and other communications regarding this Website, including your ideas for new features and other ways that we can make this Website more useful to you (collectively, “Feedback”). Note, however, that any Feedback you provide to us through this Website will be owned exclusively by HYPE. Your submission of Feedback will constitute an assignment to us of all right, title and interest in your Feedback, including all worldwide copyrights and all other intellectual property rights in your Feedback. We will have the right to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and prepare derivative works based on any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
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Your Obligations
If you wish to register on the Website, you will be required to provide certain personal information to us. You agree to (a) provide true, accurate, current and complete information about yourself as prompted in the applicable page, (b) maintain and promptly update your information to keep it true, accurate, current and complete and (c) the terms of our Privacy Policy.
You agree to use the Website in a manner consistent with any and all applicable laws, rules and regulations. You agree not to upload or transmit to or through the Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification to, tampering with or change to any information, or any interference with the availability of or access to the Website is strictly prohibited. We reserve all rights and remedies available to us including reporting any breach to the relevant law enforcement authorities and co-operating with those authorities by disclosing your identity to them.
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Hold Harmless
General. By interacting with or accessing the Website, you agree to the rules and the decisions of HYPE. You expressly agree to release and hold harmless HYPE and its board members, employees, affiliates, volunteers, advertising and promotion, fulfillment and/or judging agencies, and related entities from and against any and all claim or cause of action arising from or relating to your use of the Website.
Indemnification. Participants agree to defend, indemnify and hold harmless HYPE, its subsidiaries, affiliates, licensees and licensors, and each of their Board members, employees, contractors, agents, parents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees), arising from or relating to any breach by you of these Terms and Conditions or other liabilities arising out of use of the Website or due to or arising out of your: (i) use of the Website; (ii) violation of this Agreement or any law or regulation; or (iii) violation of any right of a third party.
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Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (I) THIS WEBSITE AND ALL OF THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND; AND (II) HYPE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS WEBSITE AND THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS WEBSITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THIS WEBSITE; (D) THAT THE CONTENT OF THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT; AND (E) THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
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Limitation of Liability
HYPE IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER POSTINGS. UNDER NO CIRCUMSTANCES, SHALL HYPE OR ITS PARTNERS, EMPLOYEES, AGENTS, VENDORS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING, IN CONNECTION WITH ANY CONTENT, PRODUCTS OR SERVICES RELATED TO OR PROVIDED THROUGH THIS WEBSITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HYPE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF HYPE (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $10.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
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Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Website. Any of the material (including the Content) on the Website may be out of date at any given time, and we are under no obligation to update such material.
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Links
This Website may contain links to websites operated by third parties. We do not control these sites and do not endorse or assume any responsibility or liability for the information, products and services provided through these sites. Before you use any site operated by a third party, you should review the applicable terms of use and policies. If you access a third-party site through this Website, you do so at your own risk.
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Waiver
Our failure at any time to require performance of any provision of these Terms and Conditions or to exercise any right provided for herein or by law shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by an authorized representative of HYPE. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms and Conditions or of any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms and Conditions.
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Severability
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms and Conditions shall remain in full force and effect.
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Governing Law, Jurisdiction and Venue
These Terms and Conditions shall be governed under the laws of the State of Georgia without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms and Conditions shall be brought in state or federal court in Atlanta, Georgia. You hereby irrevocably consent and submit to the proper venue and personal jurisdiction of said courts for any such action brought by you or HYPE.
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Entire Agreement
These Terms and Conditions contain the entire understanding and agreement between you and us with respect to this Website (including the use of the Content) and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and us with respect to this Website. Nothing in these Terms and Conditions excludes or limits our liability for fraud or fraudulent misrepresentation which such a limitation would be unenforceable as a matter of law.
Website Privacy Policy
This Privacy Policy is part of the Terms and Conditions that govern your use of this Website. You may review our Terms and Conditions by clicking on the link at the bottom of each page of this Website.
This Privacy Policy covers the “personal information” we collect through this Website. “Personal information” is information that identifies you personally, either alone or in combination with other information available to us.
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Your Consent
Please read this Privacy Policy carefully. By accessing or using this Website, you are agreeing to the terms of this Privacy Policy. If you do not agree to the collection, use and disclosure of your personal information as set forth in this Privacy Policy, you may not use this Website.
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Privacy Notices
This Privacy Policy may be supplemented or amended from time to time by “privacy notices” posted on this Website. Generally, privacy notices provide details about the personal information we collect on particular pages or particular areas of this Website, why we need that information, and choices you may have about the ways we use or share that information. Our privacy notices are part of this Privacy Policy.
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Changes to This Privacy Policy
We reserve the right to update or revise this Privacy Policy at any time and without prior notice, by posting the revised version on this Website. The changes will be effective as of the date we post the revised version on this Website. They will apply only to the personal information we collect after we have posted the revised version. Your use of this Website following any such change constitutes your consent to the terms of the revised Privacy Policy. For this reason, it is important to review this Privacy Policy regularly.
You may access the current version of this Privacy Policy at any time by clicking on the link marked “Privacy Policy” at the bottom of each page of this Website. For your convenience, we will post a notice at the top of this Privacy Policy for 60 days after we revise this Privacy Policy to alert you to the changes we have made.
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What Personal Information Do We Collect Through This Website?
Information You Provide. We collect the personal information you knowingly provide (using your mouse and keyboard) when you use this Website. The information we collect depends on how you use this Website. Specifically, the purpose of the Website involves you providing various types of information as described in the Terms and Conditions. This sharing of information is fully at the discretion of the users of the Website and, pursuant to the limitation of liability and disclaimer language in the Terms and Conditions to the Website, we accept no liability for the possible undesired disclosure of such information due to any issue with the Website or otherwise.
Information Sent to Us by Your Web Browser, In General. We collect information that is sent to us automatically by your Web browser. This information typically includes your IP address, the identity of your Internet Service Provider, the name and version of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. An “IP address” is a unique number that is automatically assigned to your computer when you connect to the Internet. It is used to identify your computer’s “location” in cyberspace, so that the information you request can be delivered to you. If you use a dial-up connection or a connection that assigns dynamic IP addresses, your computer will be assigned a new IP Address each time you connect to the Internet. If, however, your computer is permanently connected to the Internet using a static IP address, the IP address assigned to your computer will generally be the same each time you use your computer. Although it does not identify you by name, we treat your IP address as your personal information.
Generally, we do not link the information provided by your browser to information that identifies you by name. You should know, however, that when you access this Website by clicking on a link in an electronic communication you receive from us, your browser tells us that someone has clicked on a particular link in that particular electronic communication. We use this information to improve our marketing efforts. In addition, we review our server logs — which contain visitors’ IP addresses — for security and fraud prevention purposes. If criminal activity is suspected, we may share our server logs and the personal information we have collected through this Website with the appropriate investigative authorities who could use that information to trace and identify individuals.
Cookies and Similar Technologies. We use “cookies” and other Web technologies for a number of purposes, including
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to collect information about the ways visitors use this Website — for example, which pages they visit, which links they use, and how long they stay on each page;
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to support the features and functionality of this Website — for example, to save you the trouble of re-entering information already in our database or to prompt the settings you established on previous visits to this Website; and
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to personalize your experience when you use this Website.
Generally, the information we collect using these Web technologies does not identify you personally. If, however, you have created a user identity, we may link the information we collect using Web technologies to other information that identifies you personally.
If you do not wish to allow cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. You may also delete our cookies as soon as you leave this Website. Although you are not required to accept our cookies when you visit this Website, you will not be able to use all of the features and functionality of this Website if you set your browser to reject cookies.
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How Do We Use the Personal Information We Collect Through This Website?
Generally, we use the personal information we collect through this Website:
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to provide the information and services you request;
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to personalize your experience when you use this Website;
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to personalize our communications with you;
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to contact you with other information and/or services that we believe will be of interest to you (unless you have chosen not to receive these communications);
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to contact you with information and notices related to your use of this Website;
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to invite you to participate in surveys and provide feedback to us (unless you have chosen not to receive such invitations);
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to make sure our mailing lists are accurate, current and do not contain multiple entries for the same individual;
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to better understand your needs and interests;
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to improve the content, functionality and usability of this Site;
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to improve our marketing and promotional efforts; and
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for security and fraud-prevention purposes.
Form Fill Features. You may use the site to submit forms, sign up for newsletters, and otherwise submit information to us for our use in answering your questions and concerns, enrolling you in our newsletter submission, and in otherwise communicating with you.
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How Do We Share Your Personal Information?
Not for sale. We do not provide your personal information, including demographic and contact information, for sale to any third parties for any reason whatsoever. To the extent information is shared, it is done so only in accordance with this Privacy Policy.
Service Providers. We may share your personal information with companies that perform services on our behalf, such as credit card verification and web hosting service providers.
Co-Sponsored Events. Depending on your privacy preferences, we may contact you with information about seminars and other events sponsored by HYPE or its partners. Some of these events may be co-sponsored with other organizations. In such cases, we may share your contact information for the purpose of centrally processing communications relating to the event, or for other non-commercial purposes.
Compliance With Laws and Protection of Our Rights and the Rights of Others. We may disclose personal information when we, in good faith, believe disclosure is appropriate to comply with the law or a legal obligation. We may also disclose personal information to prevent or investigate a possible crime, such as fraud or identity theft; to enforce or apply our Terms and Conditions or other agreements; or to protect our own rights or property or the rights, property or safety of our users or others.
Successors in Interest. Your personal information may be transferred to another entity that succeeds to all or part of our business, for example, if we reorganize our structure or transfer a significant portion of our assets or personnel to another entity. In such event, your personal information will continue to be protected by this Privacy Policy and the privacy preferences you have expressed to us.
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Your Choices
In General. We respect your right to make choices about the ways we collect, use and disclose your personal information. In most cases, we will ask you to indicate your choices at the time we collect your personal information.
Direct Marketing. We will not use your personal information for direct marketing purposes, without your consent. We will include an “opt-out” link in electronic newsletters and promotional emails we send you, so that you can inform us that you do not wish to receive such communications from us in the future. If at any time you wish to be removed from our mailing lists, please contact us using the contact information provided at the end of this Privacy Policy. Please provide your full name, postal address and email address so that we can locate you on our mailing lists. We will honor your request within a reasonable period of time and, in any event, within the time limits established by law.
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How Can You Access, Update or Correct Your Personal Information?
If you wish to access, update or correct your personal information, please update your profile. In some cases, however, we may limit or deny your request if the law permits or requires us to do so or if we are unable to verify your identity. We reserve the right, subject to applicable law, to charge a reasonable fee to meet our costs in providing you with details of the personal information we hold about you.
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Security
We take reasonable precautions to provide a level of security appropriate to the sensitivity of the personal information we collect. Although we use reasonable measures to help protect your personal information against unauthorized use or disclosure, we cannot guarantee the security of information provided over the Internet or stored in our databases. Your transmissions are, therefore, at your own risk.
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Supplemental Information
From time to time, we may supplement the personal information we collect through this Website with information from other sources, including information we collect from you through other channels. For example, if you provide us with contact information when you attend one of our seminars, we may use that information to update the contact information collected through this Website.
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Governing Law
This Privacy Policy is governed under the laws of the State of Georgia, without regard to its conflicts of law provisions.
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Contact Information
If you have any questions about this Privacy Policy or our data practices, please contact us at contact@hypetosucceed.org.
