Terms
Welcome to connect.teamhfa.com. Hitchcock Fleming and Associates ("hfa") provides access to this website free of charge to provide information about hfa, its services and the work it has done for its clients. Your access to and use of this site are subject to and governed by these Website Terms and Privacy Policy, as well as any applicable laws, statutes, and regulations. By accessing or using this website, you agree to abide by these Terms and Privacy Policy. If you do not accept these Terms and Privacy Policy, you are not authorized to use this site. The sole authorized use of the site is to obtain information about hfa. No other use is permitted.
Ownership
The copyright for materials used or displayed on this website is either owned by hfa or its clients or is used by hfa with permission. The copyright in the compilation of all materials on this website is owned by hfa [copyright hfa 2008]. All rights reserved. This site contains trade names, trademarks, service marks, logos, trade styles and trade dress that are either owned by hfa or its current or previous clients, or by the previous clients of hfa’s staff, or are used by hfa with permission. Except as otherwise provided herein, any use of these marks is strictly prohibited without the owner's prior written permission. Images of people or places displayed on this website are either the property of hfa or its clients or used by hfa with permission. Except as otherwise provided herein, the use of these images by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the above referenced marks or images may violate copyright laws, trademark laws, privacy and publicity laws and/or communications regulations and statutes. Further, nothing in these Terms and Privacy Policy should be construed as granting, expressly, by implication, estoppel or otherwise, any license or right to use any mark, images or copyrighted materials contained on this website. The following is a list of all trademarks that are registered or intended to be registered by hfa: Buzzwerks, Brandgistics, Bretail, hfa Brand Architecture and hfa Planning Cycle. hfa will aggressively enforce its intellectual property rights.
Use of Materials on the Site
Documents, images and other proprietary information and materials of hfa on the website, including the descriptions of hfa businesses, biographical descriptions of its representatives and personnel, press releases and other public notices, together with any associated graphic elements (collectively, the "hfa Materials") shall not be copied, reproduced, downloaded or otherwise used, unless the following terms are strictly adhered to: (1) copyright notice in the form "(c) 2008 hfa Communications. Used with permission. All rights reserved." appears on every copy or reproduction of such hfa Materials; (2) the hfa Materials are used solely for non-commercial, personal purposes; (3) the hfa Materials are not modified, altered, edited or condensed; and (4) the hfa Materials are not used to ridicule, disparage, threaten, defame, harass, annoy or in any manner injure or cause harm to any party or for any unlawful purpose. No other use of the hfa Materials shall be permitted except as provided herein. The hfa Materials available for use, subject to the above requirements, do not include the design, layout, arrangement or other distinctive or unique elements of the website, which use is strictly prohibited.
In addition, the content of the site may contain documents, images, information or other materials not proprietary to hfa, such as photographs, clip art, film clips, musical passages, audio tracks or sound effects elements, or the names, likenesses, trade names, trademarks, logos, trade dress or designations of third parties (including past and present clients of hfa). Any use whatsoever of such material is strictly prohibited, unless the prior written permission of the appropriate third parties has been secured. Except as expressly provided herein, you may not sell, transfer or assign any hfa Materials or any other material on this site or reproduce, display, distribute, transmit, license or otherwise use such hfa Materials or other materials.
Links
It is strictly prohibited for any person or entity to provide a link from his/her/its website to this site, including, without limitation, the use by such third person or entity of hfa’s marks to indicate any such link, without hfa’s prior written permission. From time to time, hfa may provide links to other websites not controlled by hfa for the convenience of its users. However, hfa has no responsibility for or control over any websites linked to or from this site, including, without limitation, the content or information collection practices or privacy practices of such sites. hfa will not be responsible for any damage arising out of or in connection with the use of any website linked to or from this site. Your use of any link contained in this website is solely at your own risk. In addition, the existence of a link between this website and any other site is not, and should not be construed as, an endorsement, sponsorship or recommendation by hfa of such site, its owner or its products or services.
Prohibited Conduct
It is strictly prohibited to use or contact this website for purposes of: (1) disrupting or damaging the site, its contents or its security measures, or (2) harassing or disparaging hfa or its clients or their respective products, services or personnel. No unsolicited e-mails (spam) may be directed to or through this website.
Violation of Third Party Rights
If you believe that any material on this website, whether posted by us or by third parties, violates the copyrights, trademarks or other rights of any third party, please immediately contact us with complete details at [email protected] so that we can make an informed decision about such claim.
Disclaimers
THIS WEBSITE AND THE INFORMATION AND MATERIALS CONTAINED IN THE SITE ARE PROVIDED AS IS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES. hfa SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE AS WELL AS ANY WARRANTY OF TITLE AND NON-INFRINGEMENT WITH RESPECT TO THIS WEBSITE AND ITS CONTENTS. hfa IS NOT RESPONSIBLE FOR THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY OF THE WEBSITE OR ANY VIRUSES OR OTHER DEFECTS CONTAINED IN THE SITE. IN NO EVENT SHALL hfa BE RESPONSIBLE FOR ANY DAMAGES TO USERS OR THEIR COMPUTER SYSTEMS OR OTHERWISE, EVEN IF hfa HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, WITHOUT REGARD TO NEGLIGENCE. hfa SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THIS SITE OR THE CONTENTS
ON THIS SITE.
Indemnity
You agree to indemnify, defend and hold harmless hfa and its subsidiaries, affiliates, directors, officers, agents and representatives from and against any and all claims, liabilities, demands, costs and expenses, including reasonable attorney and accounting fees, incurred by hfa due to or arising out of your use of this site, the hfa Materials or any other materials on this site or your breach of these Terms and Privacy Policy. hfa reserves the right to assume or participate in the defense and control of any such claim or action.
Intended Users
This website is offered in the English language and is intended for use solely in the United States.
Résumés
hfa welcomes the submission of résumés for qualified candidates interested in career opportunities at hfa. From time to time, hfa may post job openings on the website. Please submit resumes to this site, addressed to the attention of [email protected], or call Fran Cossin at the office at (330) 376-2111 for more information. The submission of your resume or an application for employment may not be considered and hfa is under no obligation to respond or to hire you for any position. Submission of your résumés does not create any contract of employment with hfa. hfa is an equal opportunity employer and provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability. If you submit your résumé to hfa, the information in your
résumés will be maintained in accordance with these Terms and Privacy Policy. hfa may circulate the personal information in your cover letter and
résumés internally in order to consider your application and to contact you regarding any hiring decision. hfa may also contact you regarding other employment opportunities.
Privacy
hfa is committed to protecting the privacy of your personal information collected through its website. These Terms and Privacy Policy provide information to you about what information is collected about you, how hfa uses and discloses such information and the security measures hfa employs to safeguard such information.
Information Collected
hfa may track general information regarding your use of the website. This information may then be aggregated with other information to track overall user traffic patterns on the site. Such information does not identify any user personally and may include, without limitation, the daily number of visitors to the site and the daily requests for certain pages on the site. Such information may then be used to customize this site to better meet user's needs.
hfa also reserves the right to use cookie technology in order to assist it in customizing and personalizing your visit to this website. A cookie is an element of data that is sent by a website to be stored in your web browser so that the site can recognize you the next time you visit the site. By using cookies, hfa is able to identify your habits and be more responsive to your needs while on the site. Examples of how hfa may use cookies include: (1) assisting users with filling out forms or (2) speeding the time to load graphic information or data. You may set your web browser to notify you when you receive a cookie, which will allow you to accept or reject the cookie. However, if you decide not to accept a cookie, you will limit the ability to personalize your visit to this site.
hfa also collects and stores personally identifiable information about persons who visit and voluntarily submit information to this site. Such personal information may be submitted to the site through e-mails, question or comment requests, product or service information requests, surveys, employment applications or other submissions. Examples of this personal information may include your name, address, telephone number, fax number, e-mail address and other personal information as you may submit or as hfa may request from time to time. hfa may use this information to contact such persons by e-mail regarding new features on the site, recent developments at hfa or other information of interest. If you do not wish for hfa to retain your information or use your information to contact you, you may opt-out of such information retention or use by contacting hfa at [email protected].
In addition, hfa offers options, through its “stumbleupon,” “del.icio.us,” “digg” and “reddit” functions, that allow users of the site to forward site content, links to the site and/or other information or materials regarding hfa and its products and services to third parties. hfa does not provide any e-mail addresses for users to apply to these functions. All e-mail addresses are provided solely by users of these functions. Accordingly, all e-mails sent with these functions are originated and sent by such users, not hfa. With respect to these e-mails, hfa retains a record of the recipient of such e-mails and will track visits to this site by such recipients. However, such information is used solely for internal and archival purposes and will not be used for marketing purposes nor shared with any third party. Further, except as described in these Terms and Privacy Policy, hfa collects no other personal information regarding such recipient other than the e-mail address.
How Information is Used
hfa does not sell or rent any personal information collected through its website with any third parties. Further, hfa does not disclose any personal information collected through its site, except as provided in these Terms and Privacy Policy or as otherwise permitted by law. hfa may share your personal information internally with its employees and affiliates and may use it to market and notify you about hfa’s and its client’s products and services, to customize or personalize your use of this site or to otherwise better serve you as a client or potential client. Notwithstanding anything to the contrary in these Terms and Privacy Policy, hfa reserves the right to transfer your personal information to a third party in connection with the sale, assignment or transfer of its business or where reasonably necessary to comply with any law or court order.
Site Security
hfa takes reasonable security precautions in order to keep the information disclosed to this site secure. However, notwithstanding such precautions, hfa assumes no responsibility for the security of this site or any data transmitted to us, including, but not limited to, information related to potential employment or any other matter.
Submissions
At this time, this website does not accept or consider any unsolicited ideas or materials to be submitted to the site. However, if at any time, this site accepts any remarks, suggestions, ideas or other information or materials to be submitted, such submissions will be considered non-confidential and free of any claims of proprietary or personal rights. By providing such information or materials to hfa, you grant hfa a perpetual, irrevocable and unrestricted license, without charge or royalty, to use, reproduce, modify, publish, edit, translate, distribute and display such information or materials for commercial and non-commercial purposes, including any advertisement or promotion. Such information and materials and all rights will automatically become hfa property, free and clear of any claims by you or others. By submitting any information or materials to this site, you represent and warrant that you have the right to transfer and assign the information and materials to hfa and hfa is free to use such information without restriction. Any information or materials provided by you without this authorization may not be submitted to hfa through this site. Children under the age of 13 are not permitted to submit any information to this site, including any personally identifiable information.
No information or materials submitted to this website may contain any of the following: (a) any vulgar, obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing information or material; (b) any sexually-explicit information or materials; (c) any copyrighted, trademarked or other proprietary information without the owner of such information’s consent; (d) any trade secrets or other confidential information without the owner of such information’s consent; (e) any information or material that infringes upon the intellectual property rights or publicity/privacy rights of any person or entity; and (f) any advertisements or solicitations for business.
If at any time hfa accepts posts to this website, hfa will not be liable for any information or materials posted to this site and makes no representation or warranty that such information or materials are truthful, accurate or reliable. Any reliance on information or material posted to this website by a third party will be at your own risk. hfa reserves the right to expel any user of this site, remove any information or materials and prohibit any further access to this site for violating these Terms and Privacy Policy or for any other reason in hfa’s sole discretion.
Children’s Information
This site is not directed toward and does not intend to collect personally identifiable information from children under the age of 13. If you are under the age of 13, do not submit any personal information to this site. This site does not intend to collect, and prohibits the submission of, any personal information from children under the age of 13. If you are aware of such information being provided by a child under the age of 13 to this site, please contact us at [email protected]. If hfa determines that a child under the age of 13 has provided personally identifiable information in violation of this policy, hfa will delete such information from its files or databases.
Governing Law
Any claim arising out of or relating to your use of the website shall be governed by the laws of the State of Ohio, without regard to conflict of law provisions. Any disputes or claims of any kind related to your use of this site must be filed in the courts located in Summit County and the State of Ohio.
Revisions
Notwithstanding any other provision herein, hfa reserves the right to revise and update these Terms and Privacy Policy. Any such revisions will be effective on the date of posting to the website. You should periodically visit this site to review the current terms to which you are bound.
Arbitration
By using this website, you agree that any and all disputes arising out of the use of this site shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. Such arbitration will be held in Akron, Ohio before three (3) arbitrators and, subject to availability of the arbitrators, will commence within fifteen (15) days of the appointment of the last arbitrator by the AAA. Any judgment or award rendered by such arbitration may be entered in any court having jurisdiction thereof.
General Provisions
Any waiver by hfa of a breach of any provision of these Terms and Privacy Policy shall not operate as or be constructed to be a waiver of any other breach of that provision or of any breach of any other provision of these Terms and Privacy Policy. If any one or more of the provisions contained in these Terms and Privacy Policy shall be held to be illegal, invalid, unenforceable or void in any respect by any arbitration proceeding or court of competent jurisdiction, these Terms and Privacy Policy and any other provision herein shall not be rendered null and void and shall not be affected or impaired. These Terms and Privacy Policy contain the entire agreement between you and hfa with respect to the use of this website and hereby supersedes all previous agreements with respect to the use of this site. Use of this site shall not create any joint venture, partnership, agency relationship or employment relationship between you and hfa. Use of this website is not authorized in any locality, state or country that does not give full effect to all provisions of these Terms and Privacy Policy.
Opt-Out
If you do not wish to receive any notices or other information from hfa, you may request to be taken off its mailing list by contacting hfa at [email protected].
Contact Us
If you have any questions or comments regarding the use of this website or these Terms and Privacy Policy, you may contact hfa at [email protected]. hfa will make reasonable efforts to answer your questions or comments but does not guarantee a response to such questions or comments.