(We also hate reading overly complicated agreements)
If you are a active paying user of Hatch Convert, here's what we promise to do for you:
The design, layout, and copywriting of Hatch web sites is the intellectual property of Hatch. At no time can Hatch sites be copied, mirrored, or duplicated. Hatch will take legal action against any member or other individual plagiarizing the design, layout, or copywriting of any Hatch site.
Members can now track their phone call analytics along with their site analytics. As part of this service, Hatch may assign a new phone number to members that forwards to their phone number of choice. If you choose, Hatch is able to log calls to and from this number in order to provide accurate call analytics to our members. Members are responsible for adhering to state or local laws should they choose to enable call recording.
The membership agreement is for the duration of 1 month from the inception of the contract.
Renewal – If no cancellation notice is received a minimum of 30 days before the end of the contract, the agreement will renew automatically for the subsequent 1 month period.
Cancellation notice must be provided with 30 days advance notice to email@example.com with the title “Cancellation of the Membership Agreement”.
Hatch will initiate termination of a Membership Agreement only if the member fails to comply with the Membership Agreement.
Once the Membership Agreement is cancelled or terminated the former member will retain no rights to use the Hatch marketing platform. Any pictures or videos uploaded by the member to Hatch should be downloaded by the member before cancelling membership. After membership is cancelled Hatch will remove the members web site from the Hatch servers. Content written by Hatch for the member remains the property of Hatch after cancellation of the membership and cannot be used without the express written permission of Hatch.
Hatch reserves the right to make changes to the membership agreement in order to improve the level of service and accountability we provide to our customers and will notify members of any changes.
Membership fees are to be paid monthly. We accept most major credit cards. Members with accounts 15 days overdue will be considered in breach of contract and their membership contract will be terminated.
If your Convert website does not beat your existing websites conversion rate by at least 10% your monthly Convert fee will be free until it does. You must provide Google Analytics showing your current websites conversion rate. Rates on compared to the 4 month average prior to switching to Hatch.
Welcome to the Hatch Marketing Platform!
Toll Free: (877) 866-8244
4355 Wallbridge Rd.
V0E 1B5, Canada
1. CONTRACTING PARTY. Effective August 1, 2016, Hatch and its successors and assigns, is the sole contracting party liable for any obligations to you under this Agreement. By continuing visiting the Website, using the Services, and/or making payments for the use of the Website and/or the Services, you agree that the only party liable to you under this Agreement is Hatch, its successors and assigns.
2. DESCRIPTION OF THE SERVICES. The services provided by Hatch consist of marketing automation tools and include other services and tools offered by Hatch from time to time which you have selected and which are subject to supplemental terms (together the “Services”). The Services enable you as a customer to do the following with respect to your end user customers (“End User Customers”): browse your End User Customer contacts in a database, view the social profiles of and contact your End User Customers, and track your relationships with such End User Customers, including the characteristics and activities of visitors to your website. Other services and tools made available by Hatch have the properties and capabilities set out in the associated supplemental terms.
3. ACCESS TO THE SERVICES. The Services, together with the Hatch website and domain name and any other linked pages, features, content, or application services offered from time to time by Hatch (collectively, the “Website”), are owned and operated by Hatch. Subject to the terms and conditions of this Agreement, Hatch hereby grants you a non-exclusive license, with no right to sublicense, to copy and install certain Hatch code on a website you own, control or operate, for the sole purpose of using the Services in connection with such websites. Hatch may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Hatch Content (as defined below). Hatch may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Hatch reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
You represent and warrant to Hatch that: (i) you are of legal age to form a binding contract, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
4. HATCH CONTENT. The Website, the Services, and their contents may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website or in the Services, including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Hatch Content,”) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Hatch Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Hatch Content or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
You may download or copy the Hatch Content (and other items displayed on the Website or Services for download) for personal non-commercial use only (unless provided for otherwise in supplemental terms), provided that you maintain all copyright and other notices contained in such Hatch Content. You shall not store any significant portion of any Hatch Content in any form. Copying or storing of any Hatch Content other than personal, noncommercial use is expressly prohibited without prior written permission from Hatch or from the copyright holder identified in such Hatch Content’s copyright notice. If you link to the Website, Hatch may revoke your right to so link at any time, at Hatch's sole discretion.
5. YOUR CONTENT. In the course of using the Services, you may provide information which may be used by Hatch in connection with the Services. You understand that by providing content, materials or information (including without limitation information relating to your end user customers) to Hatch or in connection with the Services (collectively, “Your Content”), Hatch hereby is and shall be granted a nonexclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable and transferable right to use, process, store, copy, reproduce, reformat, translate, modify and create derivative works of Your Content (including all related intellectual property rights) in connection with Hatch's provision of the Services. For clarity, the foregoing license grant to Hatch does not affect your ownership of or right to grant additional licenses to the material in Your Content.
You also warrant, represent and agree that you will not contribute any content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party, (ii) violates any law, statute, ordinance or regulation, (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, (iv) impersonates any person or entity, including without limitation any employee or representative of Hatch, or (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Hatch reserves the right to remove any content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Hatch is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
7. RESTRICTIONS. You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
You acknowledge that all Hatch Content and Your Content (together, “Content”) accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will Hatch be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, including without limitation reports generated by the Services, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services. You, not Hatch, remain solely responsible for all Content, including messages, that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. You acknowledge and agree that your indemnity obligation in Section 12 also applies to any third party claims relating to your disclosure of any third party personally identifiable information or the tracking of visitors (including without limitation your end user customers) on your website.
8. WARRANTY DISCLAIMER. You acknowledge that Hatch has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Hatch from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites or applications containing information that some people may find offensive or inappropriate. Hatch makes no representations concerning any content contained in or accessed through the Services, and Hatch will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Hatch makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HATCH OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. REGISTRATION AND SECURITY. As a condition to using some aspects of the Services, you may be required to register with Hatch and set a password and user name (“User ID”). You shall provide Hatch with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. Hatch reserves the right to refuse registration of or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
11. INDEMNITY. You will indemnify and hold Hatch, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement or applicable laws, rules or regulations in connection with your use of the Services, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
12. LIMITATION OF LIABILITY. IN NO EVENT SHALL HATCH OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU FOR THE SERVICES DURING THE 6-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND HATCH'S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
13. FEES AND PAYMENT. Hatch reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. Hatch reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable.
14. THIRD PARTY WEBSITES. The Services may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by Hatch. When you access Third Party Websites, you do so at your own risk.
15. TERMINATION. This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Hatch may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Hatch may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
16. MISCELLANEOUS. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Hatch's prior written consent. Hatch may transfer, assign or delegate this Agreement and its rights and obligations without consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Hatch in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
17. CONTACT. If you have any questions, complaints, or claims with respect to the Services, you may contact us at firstname.lastname@example.org.
Welcome to Hatch. Hatch provides website features to you subject to the following conditions. If you visit or use Hatch, you accept these conditions. Please read them carefully. In addition, when you use any current or future Hatch service you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
Please review our Privacy Notice, which also governs your visit to Hatch, to understand our practices.
When you visit Hatch or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Hatch or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Hatch and protected by Canadian and international copyright laws. All software used on this site is the property of Hatch or its software suppliers and protected by Canadian and international copyright laws.
Hatch, StreakFree Guarantee and other Hatch graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Hatch in the Canada and/or other countries. Hatch’s trademarks and trade dress may not be used in connection with any product or service that is not Hatch’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hatch. All other trademarks not owned by Hatch that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hatch.
LICENSE AND SITE ACCESS
Hatch grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Hatch. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Hatch. 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 Hatch without express written consent. You may not use any meta tags or any other “hidden text” utilizing Hatch’s name or trademarks without the express written consent of Hatch. Any unauthorized use terminates the permission or license granted by Hatch. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Hatch so long as the link does not portray Hatch, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Hatch logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Hatch reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Hatch reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Hatch a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Hatch and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Hatch for all claims resulting from content you supply. Hatch has the right but not the obligation to monitor and edit or remove any activity or content. Hatch takes no responsibility and assumes no liability for any content posted by you or any third party.
Hatch attempts to be as accurate as possible. However, Hatch does not warrant that product or service descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY Hatch ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Hatch MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Hatch DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Hatch DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM Hatch ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Hatch WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Hatch, you agree that the laws of the province of British Columbia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Hatch.
Any dispute relating in any way to your visit to Hatch or to products or services sold or distributed by Hatch or through Hatch in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $500 shall be adjudicated in any court in British Columbia and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to Hatch. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
The Hatch brand is owned by 6167471 Canada Inc. (O/B Stromme – www.stromme.ca). Hatch is a trademark of 6167471 Canada Inc. and duly protected by trademark protection laws.