Terms and Conditions
Web Site Terms and Conditions
Welcome to
hitchcockfleming.com. Hitchcock Fleming and Associates ("hfa")
provides access to this site free of charge to provide information about hfa,
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 hfa and no other use is permitted.
Ownership
Copyright in materials used or displayed on this site is either owned or
controlled by hfa or its clients, or is used by hfa with permission; copyright
in the compilation of all materials on this site is owned by hfa. [Copyright hfa
2007.] All rights reserved. This site contains trade names, trademarks, service
marks, logos, trade styles and trade dress that are either owned or controlled
by hfa or its current or previous clients, or by the staff's previous clients are used by hfa 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 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, 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 hfa: Buzzwerks, Brandgistics, Bretail, hfa Brand Architecture and hfa Planning Cycle.
Use of Materials on
the Site
Documents, images and
other proprietary information of hfa appearing on the site, including the
contents of 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) 2007 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 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. No other use of the hfa
Materials shall be permitted except as provided herein. The hfa 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 hfa, 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 hfa). 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 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 its Web site to this site
without hfa's prior written permission. From time to time, we may provide some
links to other sites not controlled by hfa for the convenience of our users.
However, hfa 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 hfa
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 hfa.
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 hfa 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 webmaster@teamhfa.com 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. HFA IS NOT RESPONSIBLE FOR THE TIMELINESS,
ACCURACY, RELIABILITY, COMPLETENESS, UNAVAILABILITY OR INTERRUPTIONS IN
AVAILABILITY, VIRUSES, OR OTHER DEFECTS IN THE SITE OR ITS CONTENTS. HFA
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 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 AND 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.
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 breach of these
Terms and Conditions. hfa 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
hfa welcomes the submission of resumes for qualified candidates interested in
career opportunities at hfa. From time to time, hfa may post job openings on
the site. Please submit resumes to this site, addressed to the attention of
fcossin@teamhfa.com 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 hfa 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 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 resume to hfa, 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, hfa 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 hfa 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 hfa with
respect to the use of this site and hereby supersedes all previous agreements
with respect to the use of this site. hfa 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 hfa.
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
hfa welcomes questions or
comments about hfa 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 hfa at webmaster@teamhfa.com. hfa 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 (hfa) 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 webmaster@teamhfa.com.
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. hfa may
use this information to contact you by email regarding new features on the
site, recent developments at hfa, 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
webmaster@teamhfa.com. 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 hfa, and hfa 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.
Site Security
hfa and the Buzzwerks
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 applications therefore, 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
webmaster@teamhfa.com.