Canto, the Canto logo and Cumulus are registered trademarks of Canto, Inc. Other company and product names might be trademarks of their respective owners.
Some product claims and features are not available on all versions of the software and/or may require additional Cumulus add-ons or plug-ins.
Last updated on: April 9, 2009
Our Commitment to Privacy
Purpose of the Site
The main purpose of our Site is to provide information and services to our existing and prospective customers and partners.
The Information We Collect
Personally Identifiable Information: Our Site does not automatically collect any personally identifiable information (information that identifies you or can identify you as an individual) from visitors of the Site. We collect personally identifiable information only when you provide it in the course of interacting with the Site, such as when you subscribe to an email newsletter, apply for a free software trial, sign up for training, request information, register your product, or ask to be contacted by one of our professionals or sales representatives. In so doing, you may be asked to provide personally identifiable information, such as your name, postal address, email address, telephone number, user IDs and passwords, billing and credit card information, and information about your company and title. You may choose not to provide such personally identifiable information, but this may limit our ability to provide you with the requested service or otherwise contact you.
Non-Personally Identifiable Information: As part of administrating the Site, our servers may automatically collect non-personally identifiable information. This is aggregated information or other information that does not identify you, such as the type of browser you are using, the type of operating system you are using, the domain name of your Internet service provider, your Internet Protocol (IP) address, pages you visited on our Site, and usage patterns of our Site.
How the Information is Used
We may use personally identifiable information about you to contact you and provide services to you, at your request. We may use it to communicate with you through periodic messages regarding services, events, and other information and notices we believe you may find interesting or useful. We may use it for confirmation of subscriptions or other actions you take on our Site, to send newsletters, and for related customer service needs. Your credit card information may be used by our financial services providers only for payment processing and fraud prevention.
We use the automatic non-personally identifiable information collected to maintain, secure and improve our Site, and understand your interests when visiting our Site. We do not collect any personally identifiable information via a user’s IP address.
How the Information is Disclosed
Canto relies on various service providers and other contractors to provide services that support the Site and Canto’s operations, including, without limitation, maintenance of our databases, distribution of emails and newsletters on our behalf, data analysis, payment processing, order fulfillment and other services of an administrative nature. We reserve the right to share your personally identifiable information with these third-parties for the purpose of enabling them to provide the services to you on our behalf. These third parties are committed to protecting the privacy of our customers and subscribers, and will not utilize your information for any purpose but to provide the services which we contract for.
We may also share aggregate information about Site usage and traffic patterns, stripped of any personally identifiable information, with third parties to comply with various reporting obligations and for business or marketing purposes.
We do not sell, rent, exchange or otherwise share our email lists and any personally identifiable information about you with any third-parties outside of Canto for their direct marketing purposes, other than to Canto’s sales partners and distributors. If you prefer that we do not share your personally identifiable information with such third-parties for such third-parties marketing purposes, please see the “opting-out” section below.
In the event there is a change in the corporate structure of Canto, including, without limitation, through merger, consolidation, sale, liquidation or transfer of substantial assets, Canto may, in its sole and absolute discretion, transfer, sell or assign information collected on and through the Site, including, without limitation, personally identifiable information concerning visitors, to one or more affiliated or unaffiliated third parties.
Opting-out from Our Email List; Changing or Deleting Personally Identifiable Information
Information Posted by Visitors
Canto may make available through the Site services (for example, message boards, forums, chat functionality and blogs, among other services) to which you are able to post information and materials. Please note that any information you disclose through such services becomes public information, and may be available to visitors to the Site and to the general public. We urge you to exercise discretion and caution when deciding to disclose personally identifiable information, or any other information, on the Site. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONALLY INDENTIFIABLE INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH THE SITE.
Keeping Your Information Secure
Users Under 13 Years of Age
This Site is not directed towards users under the age of 13 and we do not knowingly collect personally identifiable information online from users under the age of 13.
On the Site, we provide links to Web sites maintained by third parties (such as our partners), which we believe you will find useful. Canto is not responsible for the privacy practices of these other Web sites. Therefore, the privacy policies of such third-party Web sites may differ from those applicable to the Site and we encourage you to review the privacy policies of each of those other Web sites. We make no representation with regard to the policies or business practices of any Web sites to which you connect through a link from this Site, and are not responsible for any material contained on, or any transactions that occur between you and, any such Web site.
How to Contact Us
Last updated: May 28, 2009
The Site is not intended for use by anyone not able to legally form binding contracts. If you are not able to legally form binding contracts, you may not use the Site, submit information about yourself to Canto or create or otherwise use an account. By using the Site you represent that you are able to legally form binding contracts.
4. Code of Conduct
While using the Site and/or the Materials (as defined below) contained on the Site, you agree to comply with all applicable laws, rules and regulations. Without limiting the foregoing, you agree not to:
Prices and availability of any products or services displayed on the Site are subject to change at any time without notice. You agree to pay all charges incurred by you or any user of your account at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
We (and our designees) may host message boards, blogs and similar forums on or in connection with the Site (collectively, “Forums”), but we have no obligation to monitor the Site or the Forums, or any Materials that you or other third parties transmit or post on the Site or the Forums. You acknowledge and agree that we have the right (but not the obligation) to monitor the Site, the Forums, and the Materials you transmit or post; to alter or remove any such Materials; to disclose such Materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our partners and our customers and Site visitors; or to comply with legal obligations or governmental requests. You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, unlawful, defamatory or otherwise objectionable. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums that is not properly attributable to us. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect our opinion(s). We are not responsible for any errors or omissions in Forum postings, for hyperlinks embedded in Forum postings or for your use of such information. Under no circumstances will we or our affiliates, partners, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site.
We welcome your reviews, commentary, suggestions or other feedback regarding your experience with our Site and our products and services. In connection with any such reviews, commentary, suggestions, feedback or any other information or content that you transmit or provide to us (or otherwise post on the Site or Forums) (collectively, “Feedback”), you hereby grant us a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to reproduce, distribute, modify, create derivative works of, perform and display (publicly or otherwise) or otherwise use such Feedback (including, without limitation, any ideas, concepts, know-how or techniques contained therein) for any purpose whatsoever (commercial or otherwise, including, without limitation, improving the Site and developing and marketing products and services incorporating such Feedback), without any limitations and without compensation to you. Feedback will not be subject to any obligation of confidentiality, attribution or other similar obligation on our part. We will not be liable for any use or disclosure of any Feedback. We reserve the right, but undertake no duty, to post, review, edit, move or delete any Feedback, in our sole discretion and without notice.
11. Disclaimer of Warranties
THE SITE AND ALL MATERIALS, INFORMATION, FORUMS AND CONTENT ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CANTO AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND AGENTS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REGARDING THE SECURITY, RELIABILITY, AND PERFORMANCE OF THE SITE, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. CANTO DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE MATERIALS, OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY MATERIALS PROVIDED THROUGH THE SITE.
12. Limitation of Liability:
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL CANTO NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, OR AGENTS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION OR OTHERWISE, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING FROM OR RELATING IN ANY WAY TO THE SITE AND/OR ANY MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR MATERIALS IS TO STOP USING THEM. NOTWITHSTANDING THE FOREGOING, IF CANTO IS FOUND TO BE LIABLE, OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO THE LESSER OF (A) THE TOTAL FEES YOU PAID CANTO IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) ONE THOUSAND DOLLARS (US$1,000).
14. Access by Minors
Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the Internet by searching for “parental control protection.”
15. Governing Law
17. Notice for California Users
Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 1-916-445-1254 or 1-800-952-5210.