Note that this Policy applies only with respect to the information collected by HMS through the App, and not any information collected or obtained through other methods or sources.
1) Collection of Personally Identifiable Information
HMS collects Users’ personally-identifiable information (“PII”) that is volunteered by Users of the App who inquire about the products or services offered through the App. Examples of PII that may be requested and/or collected include but are not limited to: first and last name, address, zip code, email address, telephone number, facsimile number, company or business identity and services that interest the User. From time to time, HMS may also present opportunities for Users to voluntarily provide additional information about themselves.
2) Use and Sharing of PII
HMS uses User PII to provide the User with information about HMS services. HMS will also use your information to send text messages, call and/or e-mail you. Please note that HMS may change this Policy at any time (See “Changes to this Policy,” below), and that HMS may in the future use User PII for additional purposes not currently included in this Policy. Please see Section 11, Changes to this Policy, below.
User PII collected by us may be added to our databases and used for future marketing purposes, including but not limited to, e-mail and direct marketing. HMS may also allow carefully-selected third parties to contact Users occasionally about other products and services which may be of interest to Users, including but not limited to utility service providers. These third parties may contact you by mail, fax, or e-mail. By submitting your User PII through the app, you agree that you may be contacted in any manner contemplated in this section. However, if you do not wish us to share your PII with our affiliates or other third parties for marketing purposes, please submit your request in writing to:
Hedberg Moving Solutions
ADDRESS: 100 South Fifth St Suite 1900
Minneapolis, MN 55402
HMS may also disclose User PII in order to: (1) comply with applicable laws (including, without limitation, the CAN-SPAM Act); (2) respond to governmental inquiries; (3) comply with valid legal process; (4) protect the rights or property of HMS, including without limitation, filing copyright applications with the Library of Congress, Copyright Office, or (5) protect the health and personal safety of any individual.
3) How PII is Protected
We appreciate our Users and take your privacy seriously. Any PII that is stored on our computers is protected from unauthorized access and use via passwords as well as other standard industry-acknowledged means. Our servers which store this information are protected by a firewall. We take additional precautions for PII which is especially sensitive, such as financial information. We will only request or transmit this information over secure Internet connections using precautions such as SSL (Secure Sockets Layer) encryption, security keys and password authentication from any third parties receiving this information. Finally, in the event that we may store especially sensitive PII such as credit card numbers or other financial information for more than a transitory period, this information will be maintained using precautions such as designated secure servers which limit access solely to individuals in departments tasked with using such information to process your payment for products or services purchased.
Though we take the utmost precautions to protect your PII, please be informed that no data transmission over a cellular phone or the Internet, nor any storage of information on servers or other media, is ever 100% completely secure. While we aim to protect your PII to the greatest extent possible, this policy is not intended to be, and should not be construed as, a warranty or guarantee of absolute security of your PII.
4) Non-Personally Identifiable Information
HMS also collects certain non-personally identifiable information, including the information more fully described below.
Authentication Tokens. HMS may use authentication tokens on the App. Authentication tokens are small pieces of information that enable the App to more easily communicate and interact with the User. For example, HMS may place an authentication token on a User's mobile device when he or she initially registers with the App. The next time that User uses the App, HMS’s server will recognize the authentication token (and the User) and allow the User to perform certain actions immediately without having to log in.
Other Data. All photographs, opinions, ideas, suggestions, other feedback, and all other information submitted by you through the App may be used by us without any restriction and free of charge.
Although the information collected through the foregoing methods does not itself contain any PII, HMS may analyze and match such information with other information that you provide (including PII) as well as information that HMS may obtain elsewhere, and HMS may share all or some of such information with actual or prospective distributors, dealers, or other third parties.
HMS may also disclose non-PII in order to (1) comply with applicable laws, (2) respond to governmental inquiries, or (3) comply with valid legal process, or (4) protect the rights or property of HMS or Users of the Site.
5) Access to Your Information
If you want to review, correct or change your User information, please submit your request in writing to email@example.com
6) Third Party Services
The App may contain links from the App to the websites or apps of other providers of products and services. When you click on the icon of such an entity, you will leave the App and be connected to the website or app of such entity. HMS does not have any control over the information handling practices of these other entities, and is not responsible for any failure of such entities to adhere to this Policy. You should familiarize yourself with the privacy policies of such other entities before you share any PII with those entities.
7) Links from Email
HMS’ email communications to you may provide links to the websites of other third parties providing products and services that may be of interest to you. If you link to any of these third party websites, this Policy will not apply to your use of, and activities on, those websites. We encourage you to read the legal notices posted on these sites, including their privacy policies. HMS shall have no responsibility or liability for your visitation to, and the data collection and use policies and practices of, these other websites.
8) Note Concerning Individuals 18 Years of Age and Younger
The App, HMS emails and the content available in connection therewith, are neither intended for, nor directed to, children under the age of 18. You must be at least 18 years old to have our permission to use our App and to provide your PII to HMS. If HMS learns that a User is under the age of 18, HMS will promptly delete the individual’s PII from HMS’s records. HMS will not knowingly disclose or distribute such information to third parties.
While HMS takes reasonable precautions to safeguard information transmitted between HMS and Users of the App, HMS may be unable to prevent unauthorized access to such information by third parties or inadvertent disclosure of such information. Users acknowledge this risk when communicating with HMS.
10) Consent to Processing
By providing PII and other information to HMS, Users of the App fully understand and unambiguously consent to the collection and processing of such information in, and the transfer of such information to, the United States and other countries or territories, in accordance with the terms of this Policy.
11) Transfer in Certain Circumstances
In its sole discretion, HMS may transfer, sell or assign information collected on or about Users of the App, including without limitation, PII and other User-provided information, to one or more third parties, as a result of the sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation of HMS.
12) Changes to This Policy
HMS may, from time to time, amend this Policy, in whole or part, at its sole discretion. Any changes to this Policy will be effective immediately upon the posting of the revised policy to the App. By continuing to use the App following any changes, you will be deemed to have agreed to such changes.
13) Questions About This Policy
2. Use of the App.
D. App Security.
You are prohibited from violating or attempting to violate the security of the App, including, without limitation:
1. Accessing or attempting to access data not authorized for Your use.
2. Attempting to probe, scan or test the vulnerability of the App or any HMS system or network, or to breach security or authentication measures utilized on the App by HMS without proper authorization.
Violations of HMS’s App, system or network security may result in civil or criminal liability. HMS will investigate occurrences that may involve such violations, and may involve and cooperate with law enforcement authorities in prosecuting users, including You, who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any activity being conducted on the App.
E. Liquidated Damages.
3. Advertising on the App
HMS DOES NOT MAKE ANY GUARANTEES, WARRANTIES OR REPRESENTATIONS REGARDING THE PRODUCTS, SERVICES, OR SKILLS OF ANY ENTITIES THAT ARE ADVERTISED ON, OR LINKED TO OR FROM, THE APP, OR THE QUALITY OF THE PRODUCTS OR SERVICES THAT YOU MAY PURCHASE OR ACQUIRE FROM SUCH ENTITIES. HMS DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OR THE OUTCOME OR QUALITY OF THE PRODUCTS OR SERVICES PROVIDED BY ANY ENTITY OTHER THAN HMS. IF YOU PURCHASE PRODUCTS OR SERVICES FROM A THIRD PARTY ADVERTISER, OR OTHERWISE ENTER INTO A BUSINESS RELATIONSHIP WITH A THIRD PARTY ADVERTISER, YOU DO SO AT YOUR SOLE DISCRETION AND RISK. SHOULD YOU HAVE A DISPUTE WITH A THIRD PARTY ADVERTISER, YOU MUST ADDRESS THE DISPUTE WITH THAT COMPANY DIRECTLY, AND YOU HEREBY AGREE TO RELEASE HMS, ITS EMPLOYEES AND AGENTS FROM ANY AND ALL DAMAGES OR CLAIMS, INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER ON THE APP.
4. Intellectual Property Protection.
The acronym “HMS”, the name and logo for “Hedberg Moving Solutions, and any other HMS graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of HMS. HMS’s trademarks and trade dress may not be used, including as part of trademarks or as part of domain names, in connection with any other product or service in any manner that is likely to cause consumer confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of HMS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HMS or any HMS affiliates without HMS’s express written consent.
5. Disclaimer of Warranties.
HMS uses reasonable efforts to provide accurate, complete, and current content on the App. Nevertheless, HMS does not guarantee or warrant that the HMS content therein is accurate, complete, timely, or free of technical or typographical errors.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE INFORMATION ON THE APP, IN ANY HMS CONTENT, IS AT YOUR SOLE RISK. THE HMS CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HMS DOES NOT MAKE ANY WARRANTY THAT THE HMS CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE. EXCEPT AS OTHERWISE SEPARATELY EXTENDED TO YOU AT THE TIME YOU RECEIVE ANY HMS CONTENT PROVIDED TO YOU, HMS DOES NOT MAKE ANY WARRANTY CONCERNING THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HMS CONTENT PROVIDED ON OR THROUGH THE APP, OR CONCERNING THE ACCURACY OR RELIABILITY OF ANY INFORMATION DISPLAYED THEREON. HMS DOES NOT MAKE ANY WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY WEBSITE OR APP, INCLUDING ANY ADVERTISER’S WEBSITE OR APP. HMS DOES NOT MAKE ANY WARRANTY REGARDING THE RELATIONSHIPS BETWEEN ANY ADVERTISER ON THE APP AND OTHER USERS OF THE APP. INFORMATION OBTAINED BY YOU FROM THE APP SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY OR IMPLIEDLY MADE HEREIN TO THE EXTENT PERMITTED BY APPLICABLE LAW.
6. Limitation of Liability.
YOU SPECIFICALLY AGREE THAT HMS IS NOT LIABLE FOR ANY OF YOUR CONDUCT WHILE USING THE APP. HMS IS ALSO NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE APP, INCLUDING ANY INJURY OR DAMAGE TO ANY YOUR, OR ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM USE OF THE APP.
IN NO EVENT SHALL HMS, BE LIABLE FOR ANY DAMAGES, INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR THE INABILITY TO USE THE APP, ANY HMS CONTENT, ANY INFORMATION ACCESSIBLE ON THE APP, FROM ANY MESSAGES RECEIVED THROUGH THE APP, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF HMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL HMS BE LIABLE FOR ANY DAMAGES, INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR MOVE.
You hereby agree to indemnify, defend and hold HMS, its subsidiaries and affiliates, and their respective officers, directors, agents, employees, information providers, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all claims, actions, damages, liabilities and costs (including, without limitation, attorneys’ fees and court costs) incurred by You in connection with or arising out of any breach by You of the Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim. HMS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without the written consent of HMS.
9. Termination of App Access.
You understand and agree that HMS, in its sole discretion, may terminate Your right to use the App, direct You to cease using the App, and discontinue or restrict Your access to the App, all without notice to You and for any reason. You agree that HMS shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the App, or any parts thereof.
10. Modifications to the App.
You understand and agree that HMS may discontinue or change the App at any time, without notice to You. HMS makes no commitment to update the information and content on the App. HMS may, as it deems necessary and appropriate, make revisions, upgrades and modifications to the App from time to time to maintain the general performance and functionality of the App at no additional charge to You.
In order to register as a user (“User” or “Users”) with HMS, you must be at least eighteen (18) years old. Your eligibility to register is automatically void where prohibited by law. You affirm that all information you provide in registering with HMS is true and complete. Commercial businesses may not register with the HMS App as individual Users. Your registration will take effect upon use of the App. Other terms and conditions may apply to your registration as posted from time to time on the App. HMS reserves the right to reject and to terminate your registration and use of the App at any time, for any reason without notice to you. HMS also reserves the right to provide notices and alerts to users from time to time about use of the App and information on feature updates and changes.
12. Applicable Law
You acknowledge that the Content contained in the HMS App is controlled in and originates from the United States. HMS does not make any representation that any of the Content is appropriate or available for use in other locations. Any claim relating to the use of the Hedberg Moving Solutions App and any content displayed thereon, shall be governed by the internal substantive laws of the State of Florida, without regard to its conflicts of laws rules. You expressly consent to the personal and exclusive jurisdiction of the state and federal courts located in, or having jurisdiction over, Broward County, Florida for any such claim. You further agree that in the event HMS prevails in any litigation or arbitration proceeding to interpret or enforce a Party’s rights under this Agreement, the court or arbitration panel shall have the right and duty, in addition to awarding any relief deemed appropriate in the circumstances, to award HMS its reasonable attorneys’ fees, costs, and litigation expenses, incurred in prosecuting or defending such action or proceeding, at trial, at any arbitration proceeding, on appeal, or in any proceeding to enforce any final judgment or arbitration award.
All materials on the App, including its layout, are owned and copyrighted or licensed by HMS, its corporate affiliates or its third-party vendors Hedberg Moving Solutions all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the App is permitted without the written permission of HMS. Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to HMS’s Designated Agent set forth below.
Hedberg Movign Solutions
100 South Fifth Street Suite 1900
Minneapolis, MN 55402
A notification of claimed infringement should contain the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A. Assignment. This Agreement shall bind and inure to the benefit of HMS’s successors, assigns and licensees. HMS shall have the right to assign or otherwise transfer its rights or obligations under this Agreement whether by contract, merger, sale of all or substantially all of HMS’s assets, or operation of law without Your consent, or notice to You. Any attempted assignment by You shall be null and void, and not have any legal force or effect.
D. Descriptive Headings. The headings of the several sections of this Agreement are intended for convenience of reference only and are not intended to be a part of or affect the meaning or interpretation of this Agreement.