Welcome to the Hitchcock Fleming & Associates ("hfa") website. This website is owned and operated by hfa ("we," "us," "our," or similar pronouns) and access is offered to you to provide information about hfa, its services, and the work it has done for its clients. As used in these Terms, the term "Website" shall refer to teamhfa.com, any pages associated with the Website and the logos, designs, text, graphics, software, other content, and materials available on this Website and the selection and arrangement thereof (collectively, "Content"), and the hardware, software, and networks associated with making this Website available to you. Unless explicitly stated otherwise, any new features, functionality or services added to this Website in the future shall be considered part of this Website and subject to these Terms.
By using or accessing this Website, you represent and warrant that: (a) you are 18 years of age or older; (b) if you are under the age of 18, you have your parent’s or legal guardian’s authorization to use and access this Website and your parent has agreed to these Terms; (c) you own or have authorization to use a personal computer to access this Website; and (d) you will use this Website in accordance with these Terms. If you do not agree with all of these Terms, you are not authorized to use this Website. Notwithstanding any other provision herein, hfa reserves the right to revise and update these Terms. 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 as you will be bound by them. These Terms contain the entire agreement between you and hfa with respect to the use of this Website and hereby supersede all previous agreements with respect to the use of this site.
Ownership of Content/Proprietary Right
hfa takes internet copyright infringement very seriously and will aggressively enforce its intellectual property rights. The copyright for materials used or displayed on this website is owned by either hfa or its clients and is used by hfa with permission. The copyright in the compilation of all materials on this Website is owned by hfa. All rights reserved.
Website Content contains trade names, trademarks, service marks, logos, trade styles and trade dress that are owned by either hfa or its current or previous clients, or by the previous clients of hfa’s staff, or are used by hfa with permission. Images of people or places displayed on this Website are also the property of hfa or its clients or used by hfa with permission. Any unauthorized use of Website Content may violate copyright laws, trademark laws, privacy and publicity laws and/or communications regulations and statutes. You are not granted license to use this Website Content, including descriptions of hfa businesses, biographical descriptions of its personnel, press releases and other public notices, at any time for any reason. Further, nothing in these Terms should be construed as granting, either expressly, by implication, estoppel or otherwise, any license or right to use any mark, images or copyrighted materials contained on this Website.
In addition, the Content of this Website 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 Content is also strictly prohibited. Except as expressly provided herein, you may not sell, transfer or assign any Content on this Website or reproduce, display, distribute, transmit, license or otherwise use such Content.
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 contact us immediately with complete details so that we can make an informed decision about such claim.
Third Party Applications, Links, and Content
This Website may include links or direct connections to other websites or resources made available to you from third parties. For example, this Website may provide direct links to its clients or social networking services. You acknowledge that hfa has no control over any such third party applications, websites or resources, which are made available by companies or persons other than hfa. You acknowledge and agree that hfa is not responsible for the availability of any such third party applications, websites or resources. In addition, it is strictly prohibited for any person or entity to provide a link from any website, email or other means of communication to this Website, including, without limitation, the use by such third person or entity of hfa’s marks to identify or indicate any such link, without hfa’s prior written permission. hfa is not liable to you for any loss or damages which may be incurred by you as a result of your use of these third party applications, websites or resources. 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. Your use of any link contained in this Website is solely at your own risk.
Prohibited User Conduct
It is strictly prohibited to use or contact this Website for purposes of: (1) disrupting or damaging the Website, its Contents or its security measures, or (2) harassing or disparaging hfa or its clients or their respective products, services or personnel or any other person or entity.
No unsolicited emails (spam) may be directed to or through this Website. No part of this Website may be reproduced in any form or incorporated into any information retrieval system, whether electronic, mechanical or otherwise. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer this Website or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Website.
You agree that you will comply with all applicable local, state, national, and international laws and regulations that relate to your use of or activities in connection with this Website. You agree to immediately notify us if you suspect fraudulent, abusive or illegal activity, or any activity in violation of these Terms. If you so notify us, or we otherwise suspect such activity, you agree to cooperate with us in any investigation and to use any prevention measures we prescribe.
Information on Minors
This Website is not directed toward and does not intend to collect personally identifiable information from users under the age of 13. If you are under the age of 13, do not submit any personal information to this Website. As this Website prohibits the submission of any personal information from those under the age of 13, if you are aware of such information being provided by a child under the age of 13 to this Website, please contact us immediately. 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 and/or databases.
Any claim arising out of or relating to your use of this 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.
By using this Website, you agree that any and all disputes arising out of the use of this Website shall be determined 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. All costs of arbitration shall be paid by the losing party.
This Website is administered within the United States. hfa makes no representation that materials on this Website are appropriate or available for use at other locations outside of the United States. Access to them from territories where the Content available through this Website is illegal is strictly prohibited.
hfa takes reasonable security precautions in order to keep the information disclosed to this Website secure. However, notwithstanding such precautions, hfa assumes no responsibility for the security of this Website or any data transmitted to us, including, but not limited to, information related to potential employment or any other matter.
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 Website or its Content or your breach of these Terms. hfa reserves the right to assume or participate in the defense and control of any such claim or action.
Any waiver by hfa of a breach of any provision of these 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. If any one or more of the provisions contained in these Terms 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 the other provisions herein shall not be rendered null and void and shall not be affected or impaired. To the extent permitted by law, any cause of action you may have with respect to this Website must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary.
Use of this Website 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.
Disclaimer of Warranties and Liability
This website and its content 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 content. 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 website. 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. hfa shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of your use or inability to use this website or its content.
Some jurisdictions do not allow the disclaimer, exclusion, or limitation of certain warranties, liabilities, and damages, so some of the above disclaimers, exclusions, and limitations may not apply to you. In such jurisdictions, hfa's liability will be limited to the fullest extent permitted by applicable law.
If you have any questions or comments regarding the use of this Website or these Terms, you may contact us at 330-376-2111 or by electronic mail. hfa will make reasonable efforts to answer your questions or comments but does not guarantee a response.