- “Parties” mean Hostetler Management Group LLC and User. Hostetler Management Group LLC and User are each a “Party.”
- “Terms” mean and refer to the terms and conditions set forth herein.
- “User” refers to a person who has used the website or it’s materials. “User Account” refers to a User’s account.
- “You” and “Your” means the User who has executed this agreement.
By transferring payment to Provider, creating a user account, or use of any materials, you become a User. There are various products and services available to users and monthly prices applicable to such products and services. Provider’s products, services, and prices are subject to change without notice. Price changes are effective immediately after the price change is posted. By providing your credit card information user authorizes Provider to charge your credit card in the amount indicated for the value of the services user selects, including any future price changes. By user’s continued use of Provider’s services, and unless user terminates this agreement as provided herein, user agrees that Provider may charge your credit card monthly for the products and services user has selected, and user consents to any price changes for such services.
- Terms and Termination
User contract with Provider begins when user clicks “I Agree”, submitting payment information, and will continue month-to-month until either:
Provider cancels user account due to user breach of any of the terms of this agreement. In the event this agreement is cancelled due to breach, user will not be entitled to prorate the last month’s use, nor will user be entitled to any refund for any payments user have made to Provider.
User gives Provider three days’ e-mail notice, as provided herein, of user’s cancellation of the user account. If user provides such notice less than three days before the first day of the next month, your credit card may still be charged. User will not be entitled to prorate last month’s use.
User credit card or Provider’s charge is denied for any reason and user does not update Provider with a new credit card within three days.
III. No License to Use Branding
Any content on any Provider website may constitute the intellectual property of Provider. Except where expressly authorized, no material on any Provider website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The Provider trademark and logo are proprietary marks of Provider, and the use of those marks is strictly prohibited. Nothing herein gives user the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Provider or any of Provider’s affiliates.
User agrees to protect, defend, indemnify and hold harmless Provider, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of user’s conduct. User indemnity obligation includes, but is not limited to, any third party claim against Provider for liability for payments for, damages caused by, or other liability relating to the user.
- No Warranty; No Leads.
Provider does not promise, guarantee or warrant user’s success, income, or sales. User understands and acknowledges that Provider will not at any time provide sales leads or referrals to user. Additionally, PROVIDER’S WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY PROVIDER WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT USER’S SOLE RISK. PROVIDER MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY PROVIDER WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY PROVIDER WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY PROVIDER WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY PROVIDER WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Provider websites may include inaccuracies, errors and materials that conflict with these terms. In the event of any conflict between anything posted on any Provider website and these terms, these terms shall control.
- Limitation of Liability.
YOU AGREE THAT IN NO EVENT SHALL PROVIDER’S LIABILITY TO USER FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF ONE (1) MONTHLY PAYMENT PAID BY USER TO PROVIDER FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST PROVIDER OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
VII. Force Majeure.
Provider will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Provider. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this agreement. Provider shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
VIII. Assignment of Rights.
Provider may assign its rights under this agreement at any time, without notice to user. User rights arising under this agreement cannot be assigned by without Provider or its assigns express written consent.
- Information; Registration; User Names and Passwords
As a User, you will be required to create an account with Provider. User warrants that the information provided to Provider is truthful and accurate, and that user is not impersonating another person. User is responsible for maintaining the confidentiality of any password user may use to access the user account, and agree not to transfer the user password or user name, or lend or otherwise transfer use of or access to your user account, to any third party. User is fully responsible for all transactions with, and information conveyed to, Provider under your user account. User agrees to immediately notify Provider of any unauthorized use of user password or user name or any other breach of security related to the user account. User agrees that Provider is not liable, and user will hold Provider harmless, for any loss or damage arising from user’s failure to comply with any of the foregoing obligations.
- Release/Authorization to Use Photographs.
User grants Provider permission to use any and all photographs taken by Provider or its agents or employees, or submitted by user to Provider (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Provider or any product or service sold and marketed by Provider. User agrees that this authorization to use Photographs may be assigned by Provider to any other party. User agrees that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in Provider’s sole discretion. User agrees not to charge a royalty or fee, and not to make any other monetary assessment against Provider in exchange for this Release and Assignment. User hereby releases and forever discharges Provider from any and all liability and from any damages user may suffer as a result of the use of the Photographs. User further acknowledge and agree that this Release is binding upon user’s heirs and assigns. User agrees that this Release is irrevocable.
- Prohibited Activity.
Provider has the right to terminate this agreement at any time if user engages or has ever engaged in any of the following:
- HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Provider’s reputation; and the violation of the rights of Provider or any third party.
- “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by user reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to Provider’s reputation and to the rights of third parties. It is user’s obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
- OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by user, including without limitation postings on any website operated by user, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
If user has any questions or complaints concerning any of the terms, user may contact Provider by e-mail at contact[a]hmgpa.com.
California residents, under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
XIII. Digital Millennium Copyright Act
If user believes that materials or content available on any Provider website infringes any copyright user owns, user or user agent may send Provider a notice requesting that Provider remove the materials or content from the Provider website. If user believes that someone has wrongly filed a notice of copyright infringement against user, user may send Provider a counter-notice.
XIV. Arbitration, Governing Law, and Attorneys’ Fees.
- Any claim or grievance of any kind, nature or description that user has against Provider including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Wayne County, Ohio. User agrees not to file suit against Provider or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by user and Provider. In the event that user and Provider are unable to reach agreement with an Arbitrator, user and Provider will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Wayne County, Ohio. The arbitrators selected by user and Provider will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on user and Provider and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the agreement.
- GOVERNING LAW. This agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Ohio without regard to any choice of law provisions.
- WAIVER OF CLASS ACTION CLAIMS. User understands and agrees that user will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this agreement. There is no right or authority for any claim user has against Provider to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Provider may not be joined or consolidated with claims brought by anyone else.
- LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
- INJUNCTIVE RELIEF. Nothing in this agreement prevents Provider from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Provider’s rights prior to, during, or following any arbitration proceeding.
- ATTORNEYS’ FEES. User agrees that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either user or Provider commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
- Changes to Terms
Provider reserves the right to change these terms, in whole or in part, from time to time at Provider’s sole and absolute discretion, and to provide user with notice of such change by any reasonable means, including without limitation posting revised terms to https://www.hmgpa.com/TOS which user may check. By users continued use of Provider’s services, and unless user terminates this agreement as provided herein, user manifests agreement to any subsequent changes to the terms.
If any term set forth herein is deemed unenforceable under any applicable law, the remaining terms shall remain in full force and effect and these terms shall be read, collectively, as if the unenforceable term(s) were omitted.
No waiver by Provider of any breach or default of these terms will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Any notice required to be given to Provider under or related to these terms must be in writing, addressed as follows: contact[a]hmgpa.com
Notices to user may be made by posting a notice (or a link to a notice) on https://www.hmgpa.com/TOS by e-mail, blog, social media post or by regular mail, at Provider’s discretion.