Thank you for visiting our sites convergedirect.com and its related webpages (the "Websites").
We respect your privacy. This Privacy Policy (this “Privacy Policy” including the CA Privacy Policy (as defined below) and the California Notice at Collection) governs the Websites we and our businesses operate. This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit any of our Websites and our practices for collecting, using, maintaining, protecting, selling, and disclosing that information.
This Privacy Policy applies to information we collect on our (i) Websites, (ii) in email, text, and other electronic messages between you and this Website; and (iii) when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Policy.
This Privacy Policy does not apply to information collected by: (i) us offline or through any other means, including on any other website operated by us or any third party; or (ii) any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Website.
Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this Privacy Policy and the Terms of Use.
This Privacy Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Our Website is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 with or without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at info@convergemarketing.com
California residents under 16 years of age have additional rights regarding the collection and sale of their personal information. To learn more about state specific privacy rights of California residents, please visit the CA Privacy Policy.
If you no longer wish to receive marketing communications from us, you can let us know by contacting us here or by mail at the address provided below in Contact Us. The electronic marketing communications we send will also contain an opt-out mechanism pursuant to legal requirements. Please note that it may take up to 10 calendar days to remove your contact information from our marketing communications lists, so you may receive correspondence from us for a short time after you make your request. Please also contact us to update or correct your information if it changes or if you believe that any information that we have collected about you is inaccurate.
Please note that the Websites are compliant with the Telephone Consumer Protection Act. When you click on a submit button or other similar buttons that transmits the information you enter on one of our web forms on the Websites, you expressly agree that you are electronically signing an agreement with us under New York law with the terms of the consents, opt-ins and disclaimers on the relevant Website page. Please pay careful attention to these terms when submitting your information. By submitting your information (which may include personal or sensitive information or data), you are consenting to the processing, collection, sale, or transfer of any personal or sensitive information or data you provide by visiting this Website or completing any webforms on this Website. You are also agreeing to this Privacy Policy and the Terms of Use. Depending on the scope of the consent, you may be contacted by us, our affiliates, subsidiaries, partners, clients or other businesses and groups regarding the goods or services described on the Website. You may be contacted by email, computer, mail, residential or wireless telephone call, fax, text, or other means of electronic written communication with advertisements, messages, or telemarketing including through the use of automatic telephone dialing systems or an artificial or prerecorded voice using the information you provided on this Website even if you have previously or in the future register any of the foregoing information on the National Do Not Call Registry or similar list. Any phone calls made to or by you may be recorded. You are not required to enter into the agreement as a condition to buying any goods or services. You may revoke your consent at any time by following the directions set forth in the paragraph above.
The information we collect on or through our Website may include:
- Information that you provide on our Website. This includes information provided at the time of registering to use our Website, posting material, completing forms on our Website, or requesting goods or services from our clients. We may also ask you for information or when you report a problem with our Website.
- Records and copies of your correspondence (including email addresses), if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Details of transactions you carry out through our Website and of the fulfillment of your inquiries.
- Your search queries on the Website.
We may also automatically record certain information from your system including your IP address, a unique device or User ID, version of software installed, system type, the content and pages that you access on the site and the dates and times that you visit site. We use this information for analytical purposes and to help us improve our site and our business in general. We may provide this information to affiliates and/or third parties to assist us in improving these functions. We may use other digital tracking on the Website to ensure that we provide you with a better digital consumer journey and experience as well as to ensure we have digital proof of our compliance of certain laws.
We collect personal information directly from you when you provide it to us when visiting, registering, using or completing forms on our Website or our advertisements across different digital mediums, automatically as you navigate through the Website and from our third-party business partners. We also collect records and copies of your correspondence.
You should also be aware that this website may use session replay technology (such as TrustedForm) to monitor your interactions with the website. For more information about session replay or TrustedForm, please review the TrustedForm Privacy Notice at https://activeprospect.com/trustedform-privacy-notice/. We primarily use this service to record a video of your mouse and keyboard movements on your monitor to confirm your consent to the collection and use of personal information described in this Policy.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
- To present our Website and its contents to you.
- To sale and transfer to our clients who may contact you to provide you with the goods or services described on the Website.
- To fulfill any other purpose for which you provide it.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Website or any products or services we offer or provide though it.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please do not submit your information on the forms on our Websites.
We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify an individual without restriction.
We may disclose personal information that we collect or you provide as described in this Privacy Policy:
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by company about our Website users is among the assets transferred.
- To third parties to market their products or services to you if you have not opted out of these disclosures.
- To fulfill the purpose for which you provide it. For example, if you give us an email address to use the "email a friend" feature of our Website, we will transmit the contents of that email and your email address to the recipients.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.
Information Collected Automatically
We and our third party providers may use cookies (when you interact with our Website or our advertisements) and other technologies such as log files, tracking pixels, web beacons, software developer kits, analytic tools and services to collect information (including personal information) automatically from you. Such information includes (but is not limited to) your internet protocol address, location information, the type of the web browser and operating system you use, browsing activities, usage information, and any other information that your web browsing software or internet service provider automatically provides to us. Please see the entirety of this Privacy Policy for all information that is collected.
A cookie is a small piece of data stored by your web browser on your computer or mobile device. We use cookies to collect information from you regarding your usage of our Website in order to remember user preferences and settings, personalize your experience with the Website, and for security purposes. You may opt-out of the automatic collection of some information by referring to your web browser’s or mobile device’s options or settings menu. However, doing so may disable many of the portions, features, or functionality of the Website. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences or visit http://allaboutcookies.org for more information.
Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the Website may be served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see What Choices Do You Have?.
Certain U.S. States such as California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Montana, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, and Virginia, provide (now, or will in the future) provide, their state residents with certain privacy rights, such as rights to:
- Confirm whether we process their personal information.
- Access and delete certain personal information.
- Correct inaccuracies in their personal information, taking into account the information's nature and processing purpose.
- Data portability.
- Opt-out of:
- targeted advertising;
- personal data sales; or
- profiling in furtherance of decisions that produce legal or similarly significant effects
- Either limit (opt-out of) or require consent to process sensitive personal data.
When you click on a submit button or other similar buttons that transmits the information you enter on one of our web forms on the Websites, you expressly agree that you are electronically signing an agreement with us under New York law with the terms of the consents, opt-ins and disclaimers on the relevant Website page. Please pay careful attention to these terms when submitting your information. By submitting your information (which may include personal or sensitive information or data), you are consenting to the processing, collection, sale, or transfer of any personal or sensitive information or data you provide by visiting this Website or completing any webforms on this Website. You may revoke your consent at any time by you can let us know by contacting us here.
The effective date of these rights and the exact scope of these rights may varyvaries by State. To exercise any of these rights or appeal a decision regarding a consumer rights request email info@convergemarketing.com.
States such as Nevada that provide its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to info@convergemarketing.com.
To learn more about California residents' privacy rights, visit the CA Privacy Policy.
We do not support "Do Not Track" browser settings and therefore the Website does not change its practices in response to a "Do Not Track" signal in the HTTP header from a browser or mobile application.
Should you no longer wish to receive newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at the address listed at the end of this Privacy Policy or this link. You may continue to receive email communications from us up to ten business days from the time we receive your unsubscribe request.
Please note that we can only control its own mailing list and policies. Third party advertisers that maintain their own mailing lists may send communications that advertise our services, and you may need to contact these parties directly in order to stop receiving their communications.
We maintain our systems in accordance with commercially reasonable industry standards to preserve the integrity and security of your personally identifiable information under our control. No security system is impenetrable. We cannot, however, guarantee, ensure or warrant the security of any information you transmit to us and you do so at your own risk. Moreover, we are not responsible for the security of information you transmit to us over networks that we do not control, including the Internet and wireless networks. Please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
Our Websites may include links or references to other websites or services. These linked sites are provided for your convenience and for information purposes only. This Privacy Policy does not apply to third party websites or social media features that may be accessed through links that we provide for your convenience and information. Accessing those links will cause you to leave our site and may result in the collection of your personal information by third parties. We do not control, endorse or make any representations about those third party websites or their privacy practices, which may differ from ours. We encourage you to review the privacy policy of any site you interact with before allowing the collection and use of your information. We are not responsible for the privacy practices of such sites. This Privacy Policy applies solely to information collected via our Websites.
Our Services are not intended for use outside of the United States of America. If you are using the Services from outside of the United States of America, please be aware that your personal information may be transferred to, stored or processed in the United States, where our servers are located, and our central database is operated. The data protection and other laws of the United States might not be as comprehensive as those in your country. By using any portion of the Services, you understand and consent to the transfer of your personal information to our facilities in the United States and those third parties with whom we share it as described in this Privacy Policy.
We may use third party analytics tools, such as Google Analytics and other services from time to time, in order to better understand your use of our Services and how we can improve them. These tools collect information sent by your browser or mobile device, including the pages you visit and other usage information. For more information regarding how Google collects, uses, and shares your information please visit http://www.google.com/policies/privacy/partners/.
To prevent data from being used by Google Analytics, you can download the opt-out browser add-on at: http://tools.google.com/dlpage/gaoptout?hl=en.
This Privacy Policy may be updated periodically, and we encourage visitors to frequently check this page for any changes. You can tell when this policy was last updated by looking at the "Last Updated:" date located at the top of this policy. In the event of substantive changes in the way we collect, process, use or share personal information, we may provide additional notice by adding a statement to our homepage or sending you a notification via email with a link to our revised policy.
Your further use of our website after the date our Privacy Policy was last updated will be subject to the revised policy.
If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your information described in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under applicable law, please do not hesitate to contact us at:
| Contact Us | |
|---|---|
| By Telephone (Toll Free) | 646-292-5232 |
| Online | Submit Your Details Here |
| By Mail | Converge Direct LLC |
If you need to access this Privacy Policy in an alternative format due to having a disability, please contact info@convergemarketing.com or 646-292-5232.
California Privacy Policy for California Residents
(Last Updated May 9, 2024)
California Notice at CollectionThis California Privacy Policy for California Residents (this “CA Privacy Policy”) supplements the information contained in our Privacy Policy and applies solely to you if you meet the definition of “Consumer” under the CCPA, which generally means you are natural person who resides in the State of California. We adopt this notice to comply with the California Consumer Privacy Act of 2018, as amended by the voter-approved California Privacy Rights Act of 2020 (the “CRPRA” and collectively, the “CCPA”) and any terms defined in the CCPA have the same meaning when used in this CA Privacy Policy.
This CA Privacy Policy does not apply to workforce-related personal information collected from California-based employees, job applicants, contractors, or similar individuals. For more information on those policies please refer to our employee handbook.
We collect information that directly or indirectly identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, with a particular consumer, household, or device ("personal information").
For purposes of this CA Privacy Policy and under the CCPA, personal information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
- Information excluded from the CCPA's scope, like:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), clinical trial data, or other qualifying research data;
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
In particular, we have collected the categories of personal information from consumers within the last twelve (12) months described below in the Section entitled Sharing Personal Information.
We may use, sell, or disclose the personal information we collect for one or more of the following purposes:
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our or our client's products or services, we will use that personal information to respond to your inquiry.
- To provide, support, personalize, and develop our Website.
- To create, maintain, customize, and secure your account with us.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To personalize your Website experience and to deliver our client’s content and the product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via telephone, email or text message (with your consent, where required by law).
- To help maintain the safety, security, and integrity of our Website and our client’s products and services, databases and other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our Website, and our and our customer’s products, and services.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
We may share your personal information by disclosing it to a third party for a business purpose.
We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. We do not knowingly collect or sell personal information of California consumers under the age of sixteen (16) years.
In the preceding twelve (12) months, we have collected and disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.
| CCPA Personal Information Category and Examples | Collected by Us | Category of Third-Party Recipients -- Business Purpose Disclosures | Category of Third-Party Recipients -- Sales |
|---|---|---|---|
| A: Identifiers - For example, a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. | Yes, we collect information you provide to us in the web form fills on this Website such as your name, address, e-mail or phone number. We do not typically collect any of the other of information in this category. | We may provide to our parent or its subsidiaries, if any, to contact you regarding our goods and services. | None. |
| B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) - For example, a name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. | Yes. We collect information you provide to us in the web form fills on this Website such as your name, street address, e-mail or phone number. | We may provide to our parent or its subsidiaries, if any, to contact you regarding our goods and services. | None. |
| C: Protected classification characteristics under California or federal law - For example, age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). | No. | None. | None. |
| D: Commercial information - For example, records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | No. | None. | None. |
| E: Biometric information. - For example, genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. | No. | None. | None. |
| F: Internet or other similar network activity - For example, browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. | Yes. We only collect information relating to your interaction with our website. We do not typically collect any of the other information in this category. | Yes, we may provide the information to our parent or its subsidiaries in connection with the monitoring of the Website’s performance. | None. |
| G: Geolocation data - For example, physical location or movements. | Yes. We collect your IP address which is stored with your record and we receive your geographic id from our analytics partner, which provides fairly imprecise information of where you may be when you visit the site. | Yes, we may provide the information to our parent or its subsidiaries in connection with the monitoring of the Website’s performance. | None. |
| H: Sensory data - For example, audio, electronic, visual, thermal, olfactory, or similar information. | Yes. This Website may use session replay technology (such as TrustedForm) to monitor your interactions with the Website.* | We may provide our parent or its subsidiaries, if any, in connection with confirming your consent to the collection of personal information and agreeing to be contacted by us in accordance with the TCPA and other laws. | None. |
| I: Professional or employment-related information - For example, current or past job history or performance evaluations. | No. | None. | None. |
| J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) - For example, education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. | No. | None. | None. |
| K: Inferences drawn from other personal information -- For example, profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | No. | None. | None. |
*For more information about session replay or TrustedForm, please review the TrustedForm Privacy Notice at https://activeprospect.com/trustedform-privacy-notice. We primarily use this service to record a video of your mouse and keyboard movements on your monitor to confirm your consent to the collection and sale of personal information described in this Policy.
Reselling Personal Information
The CCPA prohibits a third party from reselling personal information unless you have received explicit notice and an opportunity to opt-out of further sales. As an advertising and marketing company our clients routinely purchase personal information from us and may resell that information. To opt-out of those sales, please click here.
We do not sell or disclose deidentified patient information exempt from the CCPA to third parties.
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
| Your Rights | Description |
|---|---|
| Right to Know and Data Portability | You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the "right to know"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will disclose to you:
|
| Right to Delete | You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the "right to delete"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
We do not provide these deletion rights for B2B personal information. |
| Rights to Limit Use or Disclosure of Sensitive Personal Information | Under the CCPA, subject to certain exceptions, you can limit how we use and disclose Sensitive Personal Information. However, we do not collect any Sensitive Personal Information consumers. “Sensitive Personal Information” means social security, driver's license, state identification card, or passport number; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation; racial or ethnic origin; religious or philosophical beliefs; union membership; mail, email, or text message content, unless we are the intended recipient of the communication; or genetic data. |
To exercise your rights to know or delete described above, please submit a request by either:
| Contact Us | |
|---|---|
| By Telephone (Toll Free) | 646-292-5232 |
| Online | Submit Your Details Here |
| By Mail | Converge Direct LLC |
Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information. You may designate, in writing or through a power of attorney, an authorized agent to make these privacy requests on your behalf to exercise these rights. An authorized agent may submit a request on your behalf if you have provided the authorized agent with power of attorney in accordance with California law. If this has not occurred, we will require the agent to provide proof that you have authorized it to act on your behalf and may require you to verify your own identity with us directly before we accept a request. We will do this by requiring the authorized agent to present verifiable written authorization from you that you have provided the agent with permission to submit the request and independently verify the agent's own identity with us.
You may only submit a request to know twice within a 12-month period. Your request to know or delete must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include: your email address, full name, postal address, date of birth, phone number, and any other reasonable information we require to process your request.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
You do not need to create an account with us to submit a request to know or delete. We will only use personal information provided in the request to verify the requestor's identity or authority to make it.
For instructions on exercising your sale opt-out or opt-in rights, see Personal Information Sales Opt-Out and Opt-In Rights.
We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact us at info@convergemarketing.com.
We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, for example by using an SFTP platform.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
If you are age 16 or older, you have the right to direct us to not sell your personal information at any time (the "right to opt-out"). We do not sell the personal information of consumers we actually know are less than 16 years old. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link here.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back into personal information sales at any time by visiting our Websites.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. We currently do not provide any financial incentives.
The CCPA establishes separate recordkeeping requirements for large businesses to track and publish specific metrics around consumer rights requests (“CRR Metrics”). This metrics rule applies to a business that knows or should know that it, alone or in combination, buys, sells, shares, otherwise makes available, or receives for commercial purposes the personal information of more than 10 million consumers in a calendar year, which represents approximately 25% of California's current population. Those large businesses must compile, and publish in their privacy policies by July 1 of each calendar year, the following CRR Metrics for the prior calendar year. The Company only came into existence in March of 2024, therefore, assuming the CRR Metrics rule applied to the Company, such a report would not be due until July 1, 2025. If and when we do publish CRR Metrics they will be available separately on this Website.
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write to us at: Converge Direct LLC, 25 W. 39th St., 6th Floor, New York, NY 10018.
We reserve the right to amend this CA Privacy Policy at our discretion and at any time. When we make changes to this CA Privacy Policy, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
If you have any questions or comments about this notice, the ways in which we collect and use your information described in the CA Privacy Policy or other parts of the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
| Contact Us | |
|---|---|
| By Telephone (Toll Free) | 646-292-5232 |
| Online | Submit Your Details Here |
| By Mail | Converge Direct LLC |
If you need to access this CA Privacy Policy in an alternative format due to having a disability, please contact info@convergemarketing.com or 646-292-5232.
California Notice at Collection
(Last Updated May 17, 2024)
We are collecting your personal information to support our business operations, including for the business purposes listed in the chart below. We do not collect sensitive personal information.
To opt-out of personal information sales or sharing, visit here.
This California Notice at Collection is included within our General Privacy Policy as is permitted under the CCPA. Please reference our General Privacy Policy and the Privacy Policy for California Residents for additional information.
We may collect the Personal Information categories listed in the tables below. The tables also list, for each category, our expected retention period, business purposes, and whether we sell the information or share it with third parties for cross-context behavioral advertising.
| CCPA Personal Information Category and Examples | Retention Period | Business Purpose | Sold or Shared |
|---|---|---|---|
| A. Identifiers, - For example, a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. | We keep information in the form provided for 2 years and then we de-identify or aggregate the information. | To identify and contact you regarding our goods and services. | N/A |
| B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) - For example, a name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. | We keep information in the form provided for 2 years and then we de-identify or aggregate the information. | To identify and contact you regarding our goods and services. | N/A |
| C: Protected classification characteristics under California or federal law - For example, age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, reproductive health decision-making, military and veteran status, or genetic information (including familial genetic information). | We do not collect. | N/A | N/A |
| D: Commercial information - For example, commercial information, such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | We do not collect. | N/A | N/A |
| E: Biometric information - For example, genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. | We do not collect. | N/A | N/A |
| F: Internet or other similar network activity - For example, browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. | We keep information in the form provided for 2 years and then we de-identify or aggregate the information. | Yes. We only collect information relating to your interaction with our website in connection with the monitoring of the Website’s performance. We do not typically collect any of the other information in this category. | N/A |
| G: Geolocation data - For example, physical location or movements. | We keep information in the form provided for 2 years and then we de-identify or aggregate the information. | Yes. We collect your IP address which is stored with your record and we receive your geographic id from our analytics partner, which provides fairly imprecise information of where you may be when you visit the site. | N/A |
| H: Sensory data - For example, audio, electronic, visual, thermal, olfactory, or similar information. | We keep information collected using session replay technology (such as TrustedForm)* indefinitely. | Yes. This Website may use session replay technology (such as TrustedForm)* to monitor your interactions with the Website to confirm your consent to the collection and sale of your personal information and contact by our client’s in accordance with the TCPA and other laws. | N/A |
| I: Professional or employment-related information - current or past job history or performance evaluations. | We do not collect. | N/A | N/A |
| J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) - For example, education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. | We do not collect. | N/A | N/A |
| K: Inferences drawn from other personal information - For example, profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | We do not collect. | N/A | N/A |
Sensitive personal information is a subtype of personal information consisting of specific information categories. We do not collect information that falls within the sensitive personal information categories. Even if we did the CCPA does not treat this information as sensitive because we do not collect or use it to infer characteristics about a person.
If you have any questions about this Notice or need to access it in an alternative format due to having a disability, please contact us as provided below.
*For more information about session replay or TrustedForm, please review the TrustedForm Privacy Notice at https://activeprospect.com/trustedform-privacy-notice. We primarily use this service to record a video of your mouse and keyboard movements on your monitor to confirm your consent to the collection and sale of personal information described in this Policy.
| Contact Us | |
|---|---|
| By Telephone (Toll Free) | 646-292-5232 |
| Online | info@convergemarketing.com |
| By Mail | Converge Direct LLC |
Terms Of Use
(Last Updated May 9, 2024)
Convergedirect.com (collectively, this "Website") and the services, offers or products that we offer (the "Services") are offered to you, on a conditional basis that you accept the Services without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms of Use"). Your use of this Website or submission of service requests via telephone or otherwise, constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms of Use apply to any Services or properties such as websites or applications owned and operated by us and on which a link to these Terms of Use appears. If you have any questions regarding these Terms of Use, you may contact us at the Website addresses above, as applicable, using the Contact Details provided. We may amend these Terms of Use at any time by posting a revised version of these Terms of Use.
This Website is offered and available to users who are 16 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
IMPORTANT: PLEASE REVIEW THESE TERMS OF USE CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION BELOW.
Our Website provides you with Services from our partners, affiliates and clients ("Service Providers"). We are not responsible for the offers, products and services that are provided by our Service Providers nor are we responsible, directly or indirectly, for your eligibility for any offers, products and services. Please pay careful attention to the terms of any such offers, products and services on our Website as well as the Terms of Use provided by the Service Providers themselves.
The Services that we provide you on our Website may only be available for certain periods of time, certain geographical locations and other qualifications from time to time. We and our Service Providers reserve the sole and absolute right to change the terms of any Services and at any time.
Should you have a dispute with respect to any Services provided by a Service Provider or the fees charged by any Service Provider, you must address such dispute with the Service Provider directly. YOU HEREBY AGREE TO RELEASE US (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS WHATSOEVER OR HOWSOEVER (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROVIDER.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To actually or substantially recreate our Website or content or compete with us in any way.
- To solicit or harass service providers.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to us for any such damages and will indemnify us in the event of any claims against us based on or arising from your violation of the foregoing. We reserve the right to block your access to the Website or Services or Service Providers, products or properties at any time. If it is determined or suspected by us in our sole and absolute discretion that you are misusing or attempting to misuse or circumvent us.
We reserve the right, in our sole and absolute discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
We cannot and do not guarantee the work performed by Service Provider. We will never ask you for or accept any financial payments for Services that are provided by Service Providers. The contract for any offer, service or product and any payments associated with the same, will strictly be entered into by you and Service Providers. We have no responsibility whatsoever or howsoever to any contract between you and a Service Provider and any aspects arising from a contract for an offer, service or product.
Please see our Privacy Policy above.
When you access this Website, we, may activate one or more cookies, tracking pixels, SDKs (and other similar technologies) to your computer or device on our Website. We use these tracking technologies to identify prior users and track usage of the site to enhance the service we provide you. You can modify your browser's settings at any time to accept all cookies, reject all cookies, or notify you when a cookie is sent. Please refer to the following URL for information on cookies http://allaboutcookies.org.
We may also automatically record certain information from your system including your IP address, a unique device or User ID, version of software installed, system type, the content and pages that you access on the site and the dates and times that you visit site. We use this information for analytical purposes and to help us improve our site and our business in general. We may provide this information to affiliates and/or third parties to assist us in improving these functions. We may use other digital tracking on the Website to ensure that we provide you with a better digital consumer journey and experience as well as to ensure we have digital proof of our compliance of certain laws.
Please refer to our Privacy Policy above to understand how we collect your personal information and how we may use it. For example, your personal information, that is voluntarily provided by you under the Terms of Use, maybe used for administrative purposes; for authentication purposes; to properly operate, maintain and provide you with the features and functionality of the site; to present you with promotions, advertisements and opportunities which may be of interest to you via a variety of marketing mediums, such as, but not limited to, direct mail, email, phone, text, or Text SMS; to enable our Service Providers and to assist us in operating, maintaining and providing our Services to you via a variety of marketing channels and mediums, to enable us to carry out our obligations; to notify you about changes to the Policies, site or service; to investigate and help prevent potentially unlawful activities that threaten the integrity of the Website or us, our technology; to investigate allegations of fraud or violations of our Policies (including Privacy Policy); to enforce or apply our rights under the Privacy Policy; to protect the rights, property, or safety of any of our clients or others; to improve the quality and design of the site and to create new features, functionality, and services by storing, tracking, and analyzing your preferences and trends; and/for marketing and business purposes generally.
Information submitted to the Website in some instances may be shared or sold unless consent is not authorized by you.
We reserve the right to disclose your personally identifiable information, as required, to comply with the law, applicable regulations, governmental and quasi-governmental requests, judicial proceedings, court orders or subpoenas, to enforce our legal notices or other agreements, or to protect our rights, property or safety or the rights, or to protect the property or safety of our users or others (e.g., to a consumer reporting agency for fraud protection etc.), and to ensure the security of our network and services. Information obtained is utilized solely to improve and enhance the quality of our Websites, advertisements and related mediums.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO US AND THE SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO US AND EACH SERVICE PROVIDER FOR ANY LOSSES OR EXPENSES ASSOCIATED WITH YOUR ACTIONS WHICH COULD BE THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
You acknowledge and agree that we or our Service Providers may monitor and/or record any telephone calls between you and Service Providers.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Company name, the Company logo and all related names, logos, product and service names, designs, and slogans are trademarks or servicemarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks or servicemarks of their respective owners.
The links in the Websites or apps (if applicable) may let you leave the Websites. The linked websites are not under our control and we are not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. We are expressly not responsible for any form of transmission received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply (directly of indirectly) an endorsement by us of the site.
YOU AGREE TO INDEMNIFY US, AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, CLIENTS, SERVICE PROVIDERS, AGENTS, CO-BRANDERS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF OUR SERVICES IN CONNECTION WITH THE WEBSITES, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS OF USE, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
The exclusive means of resolving any dispute between you and us or any claim or controversy arising out of or relating to use of this Website and/or Our Services (including any alleged breach of these Terms of Use) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against us or any class action, class arbitration, or other representative action or proceeding.
By using the Website and/or Our Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Us. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against us may be commenced only in the federal or state courts located in New York, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
These Terms of Use, and any dispute between you and Us, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
You acknowledge and agree that the Our Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Our sole obligation to you or any third party for any claim arising out of your use of Our Services, is that you are free to discontinue your use of Our Services at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT WE SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The Terms of Use will inure to the benefit of Our successors, assigns and licensees. If any provision of these Terms of Use shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use are governed by the laws of the State of New York. You agree to submit to jurisdiction in New York and that any claim arising out of or related to these Terms of Use will be brought solely in a court in New York, New York. These Terms of Use constitute the entire agreement between you and us and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof.
These Terms of Use may be amended from time to time by Us.
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