Terms of Use

The following is the understanding and the agreement between Heartland and the person or persons who accessed the Freshtxt website at www.freshtxt.com (“Website”), ("You" or "User"). The Website from which You accessed this agreement is provided to You subject to the following conditions.

These terms and conditions are in addition to any other terms governing access to the Website. By visiting the Website in any manner You accept these terms and conditions (the "Terms of Use"). Any Non-Human Visitors to the Website shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. The access rights granted to You under the Terms of Service are non-transferable without the express written permission of the owner of the Website.

Ownership

Heartland owns the information on this Website including all intellectual property, except that which is the property of a third party or that intellectual property's licensors. This property is protected by copyright, trademark or other applicable intellectual property laws. Users and Visitors may not copy, distribute, transmit, display, publish, sell or license any information or content found on this Website, or made available through it, and may not modify or create derivative works from the information and content. Users may not use the trademarks, logos, and service marks ("Marks") for any purpose including, but not limited to, use as links or meta tags in other pages or Websites on the World Wide Web without the written permission of Heartland or the third party which owns the Mark in question. No license, right or interest in any Marks of Heartland, including freshtxt, is granted hereunder.

Description of Services

This Website is designed to allow the User to access the Website and its content including general information, and specific information relating to the individual User and that User's account, and includes a Login section that can be accessed only by Heartland staff and registered Users (Services). The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the Terms of Use and the Right of Use Agreement.

Use of Content

You may use the Website and its content to access information relating to your individual account and the program in general, the terms and conditions of service as well as the terms of use of this Website, information on the privacy policy and other activities which lead to a beneficial use of the Program. You consent to having Your Internet Protocol address recorded. An email address may appear immediately below (the "Identifier") if we suspect potential abuse. The Identifier is uniquely matched to Your Internet Protocol address. You agree not to use this address for any reason. YOU AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.

Tampering

User agrees not to change, modify, add to, remove from, delete or otherwise corrupt the information contained in Heartland’s Freshtxt Website. User also agrees not to unlawfully use or reproduce any of the software, code therefrom, copyrighted material, trademarks, or other intellectual or proprietary property contained on the Website or made available through it. Unlawful use and reproduction includes but is not limited to decompiling, reverse engineering, disassembling and creating derivative works.

No Warranties

Documents and information provided on this Website are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Although Heartland uses reasonable efforts to include accurate and up-to-date information on this Website, it does not make any warranties or representations as to accuracy or completeness. From time to time, Heartland will update, improve, change, add to (or remove from) the information and documents on this Website without notice. It assumes no liability or responsibility for any errors or omissions in the content of this Website. Your use of this Website is at Your own risk.

Limitation of Liability

IN NO EVENT OR CIRCUMSTANCE SHALL HEARTLAND BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA, AND IN THE CASE OF A BUSINESS, ANY LOST PROFITS OR DAMAGES FROM BUSINESS INTERRUPTION, AND IN THE CASE OF AN INDIVIDUAL, LOSS OF INFORMATION OR LOSS OF VALUE THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THIS WEBSITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF HEARTLAND WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Privacy

Please see Heartland’s Freshtxt Website Privacy Policy Statement which describes how we use and protect the information provided to us.

Security

Heartland encrypts Data transmitted to and from client Websites is for the user's protection. The security of information transmitted through the Internet can never be guaranteed. Heartland is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. User is responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of Heartland’s Freshtxt Websites. In order to protect Heartland and the data accumulated by it, Heartland may suspend all use of the Website in general or your use of the Website in particular or the information relating to you, without notice, pending an investigation, in the case of a breach, or a suspected breach, of security.

Special License Restrictions For Non-Human Visitors

Special restrictions on a visitor's license to access the Website apply to Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically.

Email addresses on this Website are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. You acknowledge and agree that each email address the Website contains has a value not less than US $50. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminishes the value of these addresses. Intentional collection, harvesting, gathering, and/or storing this Website's email addresses is recognized as a violation of this agreement and expressly prohibited.

Transmission of Personal Data

You acknowledge and agree that by providing Heartland with any personal information through the Website, you consent to the transmission of such personal user information as necessary for processing in accordance with Heartland standard business practices and the Heartland’s Freshtxt Website Privacy Statement, which may involve transmission over international borders.