Web Site Terms and Conditions
Welcome to hitchcockfleming.com. Hitchcock Fleming and Associates ("HF&A") provides access to this site free of charge to provide information about HF&A, our services and the work we have done for our clients. Your access and use of our site is subject to and governed by these Terms and Conditions set forth below, as well as any applicable laws, statutes, and regulations. By accessing or using this site, you agree to abide by these Terms and Conditions and our Privacy Policy. If you do not accept these Terms and Conditions or the Privacy Policy, do not use this site. You understand that the sole authorized use of the site is to obtain information about HF&A and no other use is permitted.
Ownership
Copyright in materials used or displayed on this site is either owned or controlled by HF&A or its clients, or is used by HF&A with permission; copyright in the compilation of all materials on this site is owned by HF&A. [Copyright HF&A 2000.] All rights reserved. This site contains trade names, trademarks, service marks, logos, trade styles and trade dress that are either owned or controlled by HF&A or its clients, or are used by HF&A with permission. Except as otherwise provided herein, any use of these marks is strictly prohibited without obtaining the owner's prior written permission. Images of people or places displayed on this site are either the property of HF&A or its clients or used by HF&A 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, the laws of privacy and publicity, and/or communications regulations and statutes. The following is a list of all trademarks that are registered or intended to be registered by HF&A: Buzzwerks, Spider Intelligence, Opportunity Assessment, Migrational Branding, Envisioneer, Intelligencer, Ergotechnologist, Technosynchronator, Voltage Regulator, Buzzologist, Buzz Ambassador, Web Welder, Pixel Pusher, Router and Virtual Visualist.
Use of Materials on the Site
Documents, images and other proprietary information of HF&A appearing on the site, including the contents of descriptions of HF&A businesses, biographical descriptions of its representatives and personnel, press releases and other public notices, together with any associated graphic elements (collectively, the "HF&A 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) 2000 HF&A Communications. Used with permission. All rights reserved." appears on every copy or reproduction of such HF&A Materials; (2) the HF&A Materials are used solely for non-commercial, personal purposes; (3) the HF&A Materials are not altered, edited or condensed; and (4) the HF&A Materials are not used to ridicule, disparage, threaten, defame, harass, annoy or in any manner injure or cause harm to any party. No other use of the HF&A Materials shall be permitted except as provided herein. The HF&A Materials available for use as set forth above do not include the design, layout, arrangement or other distinctive or unique elements of the site.
In addition, the content of the site may contain documents, images, information or other materials not proprietary to HF&A, such as photographs, clip art, film clips, musical passages, audio track 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 HF&A). Any use whatsoever of such material is strictly prohibited, unless the prior written permission of the appropriate third parties has been secured or is otherwise authorized by law. Except as expressly provided herein, you may not sell or modify any HF&A Materials or any other material on this site or reproduce, display, distribute, transmit, license or otherwise use such HF&A Materials or other materials.
Links
It is strictly prohibited for any person or entity to provide a link from its Web site to this site without HF&A's prior written permission. From time to time, we may provide some links to other sites not controlled by HF&A for the convenience of our users. However, HF&A has no responsibility or control for the content or information collection practices of, or for any potential damage arising out of or in connection with any of these Web sites to which it is linked. Your use of any link contained in this site is solely at your own risk. We also assume no liability or responsibility for any material posted to this site. In addition, the existence of a link between the site and any other Web site is not and should not be construed as an endorsement, sponsorship or recommendation by HF&A of such site or of the owner of the linked Web site, nor an endorsement, sponsorship or recommendation by the owner of the linked web site of HF&A.
Prohibited Conduct
It is strictly prohibited to use or contact this site to disrupt or damage the site, its contents or its security measures or to harass or disparage HF&A or its clients or their respective products or services or personnel. Except as otherwise provided herein, no unsolicited e-mail (spam) may be directed to or through this site.
Violation of Third Party Rights
If you believe that any material on this site, whether posted by us or by third parties, violates the copyrights, trademarks or other rights of third parties, please contact us with complete details at [email protected] so that we can make an informed decision about possible deletion.
Disclaimers
THIS SITE AND THE INFORMATION PROVIDED IN THE SITE IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND. HF&A IS NOT RESPONSIBLE FOR THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY, VIRUSES, OR OTHER DEFECTS IN THE SITE OR ITS CONTENTS. HF&A DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE AS WELL AS ANY WARRANTIES OF TITLE AND NON-INFRINGEMENT OF THIRD PARTIES RIGHTS. IN NO EVENT SHALL HF&A BE RESPONSIBLE FOR ANY DAMAGES TO USERS OR THEIR COMPUTER SYSTEMS OR OTHERWISE, EVEN IF HF&A HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND WITHOUT REGARD TO NEGLIGENCE.
HF&A SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THIS SITE.
Indemnity
You agree to indemnify, defend and hold harmless HF&A 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 HF&A due to or arising out of your use of this site, the HF&A Materials or any other materials on this site or breach of these Terms and Conditions. HF&A reserves the right to assume or participate in the defense and control of any such claim or action.
Intended Users
This site is offered in the English language and is intended for use solely in the U.S. Use of this site is limited to persons over the age of 18.
Resumes
HF&A welcomes the submission of resumes for qualified candidates interested in career opportunities at HF&A. From time to time, HF&A may post job openings on the site. Please submit resumes to this site, addressed to the attention of [email protected] or call the office at (330) 376-2111 for more information. Please be aware that submission of your resume or application may not be considered and HF&A is under no obligation to respond to such solicitations to hire you for any position. Submission of your resume does not create any contract of employment with HF&A. HF&A 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 resume to HF&A, such resume and the information provided therein will be maintained in accordance with the Privacy Policy.
Governing Law
Any claim arising out of or relating to your use of the site 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 thereto must be filed in the courts located in the State of Ohio.
Revisions
Notwithstanding any other provision herein, HF&A reserves the right to revise and update these Terms and Conditions. Any such revisions will be effective on the date of posting to the site. You should periodically visit this page to review the current terms to which you are bound.
General Provisions
By using this site, you agree that any and all disputes arising out of the use of this site shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (such arbitration to be held in Akron, Ohio before three (3) arbitrators and to commence within fifteen (15) days of the appointment of the last arbitrator by the AAA). Any judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
Any waiver by HF&A of a breach of any provision of these Terms and Conditions 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 Conditions. If any one or more of the provisions contained in these Terms and Conditions 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 Conditions and any other provision herein shall not be rendered null and void and shall not be affected or impaired. These Terms and Conditions, as well as the Privacy Policy, contain the entire agreement between you and HF&A with respect to the use of this site and hereby supersedes all previous agreements with respect to the use of this site. HF&A may modify or amend these Terms and Conditions at any time without notice to you or any third party. Use of this site and these Terms and Conditions shall not create any joint venture, partnership, agency relationship or employment relationship between you and HF&A. Use of this Web Site is not authorized in any locality, state or country that does not give full effect to all provisions of these Terms and Conditions or the Privacy Policy.
Questions
HF&A welcomes questions or comments about HF&A or the Buzzwerks, its affiliates, or this site. Unfortunately, due to the anticipated high volume of correspondence, we cannot guarantee that we will respond to correspondence on an individual basis.
Contact Us
If you have any questions or comments regarding the use of this site or these Terms and Conditions, you may contact HF&A at [email protected]. HF&A will make reasonable efforts to answer your questions or comments but does not guarantee a response to such questions or comments.
Privacy Policy
Hitchcock, Fleming & Associates (HF&A) maintains any and all personal information collected from or submitted to this site in the manner provided in this Privacy Policy. If you have any questions or comments about the provisions of this Privacy Policy, please contact us at [email protected].
Your Information
We may collect and store personally identifiable information about persons who visit this site and voluntarily submit information such as name, address or email address. HF&A may use this information to contact you by email regarding new features on the site, recent developments at HF&A, or other information interest. If you do not wish us to retain your information or use your information to contact you, you may opt-out of such information retention or use by contacting us at [email protected]. We may also collect and store aggregate or anonymous information about user contact with and use of the site.
Unsolicited Ideas
Except as otherwise provided herein, this site does not accept or consider any unsolicited ideas or materials of any kind. Please do NOT submit any such materials at any time. If you do submit any such ideas or materials, we will consider all ideas and materials submitted as non-confidential and free of any claims of proprietary or personal rights. Such materials and all rights will be our property, free and clear of any claims by you or others, and we will be able to use them for any purpose, including, but not limited to, the use, reproduction, display, performance, modification, transmission and distribution in any advertising and promotion or otherwise, without compensation, payment or any other obligation to anyone, including you. By submitting any information to this site, you represent and warrant that you have any and all rights to transfer and assign the information to HF&A, and HF&A are free to use such information without restriction. Further, any information submitted to this site shall not be vulgar, obscene, threatening, defamatory, harassing, abusive or hateful to any third party or otherwise unlawful or sexually explicit in nature.
Disclosure
Site Security
HF&A and the Buzzwerks takes reasonable security precautions in order to keep the information disclosed to this site secure. However, notwithstanding such precautions, HF&A 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 applications therefor, or any other matter.
Children’s Information
If you are under the age of thirteen (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 thirteen (13). If you are aware of such information being provided to this site, please contact us at [email protected].
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