Last updated: May 4, 2023
In this Agreement, we will use “H/L”, “we”, “us”, “our” or “ours” and similar terms, to mean and refer to Hoffman/Lewis, doing business as H/L, H&L Agency or H&L Advertising, 100 Webster Street, Oakland, California 94607 in the United States. We will use terms such as “user”, “visitor” “you”, “your”, “yours” and similar terms to mean and refer to anyone who uses our Website. When we use words such as “use”, “uses” or “using” or any variation, it means and shall be construed to mean any actual or attempted visit, browsing, viewing, copying (e.g., image or text capture), access, interaction, communication, submission or exchange of information, with our Website (defined below), copying, image or text capture activity, the viewing, display or taking advantage of any features, functions or capabilities we make available on our Website. A “user” is anyone who does or attempts to do any of these things, whether through a browser, mobile device or otherwise. Our “Website” refers to the URL on the Word Wide Web located at URL: https://hl.agency. For the avoidance of ambiguity, references to our Website mean and shall be construed to include any and all of the features, functions, resources and capabilities of our Website.
For ease of reference, when we use words such as: (i) “applicable law” it means and refers to any and all laws, regulations, international treaties, judicial or other governmental orders that apply to you, to us and to the subject matter of this Agreement, including all intellectual property laws, and laws that relate to data protection, rights of privacy and publicity; and (ii) “include” or “including,” they are intended and are to be construed as inclusive and comprehensive, as examples only, and not exclusive or limiting, and you should read them to mean “including, without limitation” or “including, but not limited to.”
RESPECTING YOUR INFORMATION
Our Website, this Agreement and all our and your rights and obligations are governed by the laws of the State of California and the Federal laws of the United States that apply (“US Law”). If you are not a citizen or legal resident of the United States, by using our Website you are acknowledging that: (a) US Law will apply to you with respect to your use of our Website and the rights you may have and not the laws of whatever other jurisdiction you may be a citizen of, where you live or where you are physically located when you use our Website (individually and/or together, “your residence”); (b) US Law may not be considered adequate or comparable to the laws and regulations that may apply to your personal information or data in the country of your residence; and (c) you are agreeing and affirmatively consenting to the collection, maintenance, storage, transmission and use of your information, including personal and personally identifiable information, as permitted by the provisions of this Agreement, subject only to US Law.
OWNERSHIP AND RIGHTS TO CONTENT
We either own, control, have the rights and/or a license to use all the content and material on our Website including all copyright, service and trademark rights, logos, trade names, brands, proprietary products and services and all other distinctive material, audio, visual and audio-visual, as well as the compilation, combination, look and feel and other aspects of how we organize and display the Website and all types of associated metadata (“Content”). When we use the term “Website,” it includes any and all Content on our Website, but does not include any Third Party Material (as defined in the section entitled “Links” below). Content is protected by applicable laws and you have no right to use (or copy) any Content unless you have obtained our express written permission.
Our Website may contain content and information of or provided by other parties and may also contain and display hypertext links to websites (URLs) of others (“Third Party Material”). We don’t monitor or review Third Party Material, nor are we responsible for their content or for where any Third Party Material may redirect your browser. We are not responsible for third party privacy practices or policies and you should make sure you review their terms, conditions and privacy practices carefully, because once you select (“click”) any Third Party Material that contains a hypertext link, you will be leaving our Website and your information and any and all activity or transactions you engage in will be subject to and under the control of the third party and not us. The display, presence or existence of Third Party Material on our Website is not, does not and should not be construed as an endorsement or representation by us of any kind and we are not liable or responsible for Third Party Material in any way. You use all Third Party Material solely and exclusively at your own risk.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content or Third Party Material on our Website is displayed or used in any way that infringes your copyright or the copyright of any third party, you should send us a Digital Millennium Copyright Act (“DMCA”) notice with the following information:
(a) a description of the copyrighted work you claim has been infringed;
(b) identification of the content you claim is infringing, indicating where the content is located;
(c) your name, address, telephone number, and e-mail address where we can contact you;
(d) a statement, signed by you, certifying the information in your notice is accurate, that you have a good-faith belief the use you describe is not or has not been authorized by the copyright owner or agent; and
(e) under penalty of perjury, a signed statement confirming that you are the copyright owner or are authorized to act on behalf of the copyright owner. Please ONLY use this procedure to send us notices regarding infringement of your copyrighted material and you should send these notices to the email address listed below in the Contact Us section of this Agreement. In addition to any governmental authorities that may be relevant to the DMCA notice of alleged infringement that you send us, we may also forward a copy to the person, firm or enterprise that provided or, with respect to Third Party Material, that displayed or posted the allegedly infringing content.
NEED MORE INFORMATION/LOOKING FOR A CAREER?
If you are interested in contacting us to receive more information or you are looking for employment, use the appropriate email or telephone number shown in the Contact section of our Website to contact us. Our Website currently does not enable you to enter any information directly.
PROHIBITED CONDUCT; REPORTING VIOLATIONS
You may not use our Website in any manner that is illegal, would be considered offensive, inappropriate, that does, is likely to or is intended to harass, cause harm or distress, disparage or annoy any other party. You are also strictly prohibited from interfering with or disrupting the normal operation or hacking, impairing or damaging our Website. You also may not interfere with, impair or try to prevent anyone else from using our Website. If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances that does, may or could: (a) compromise or endanger any person; (b) cause or potentially cause harm or damage to persons or property; (c) adversely affect, infringe upon or misappropriate the rights of others; (d) harass or interfere with any other person, firm or enterprise; (e) interfere with or bypass any security or other protective measures applicable to our systems, networks and communications capabilities; (f) breach or violate any of the terms or conditions of this Agreement; or (g) violate any applicable law, or (h) use our Website in any way other than as permitted under this Agreement; or (i) even if you only attempt to do any of these things, you will be in violation of this Agreement, which may subject you to legal action, civil and potentially criminal charges depending on the circumstances.
We have the right, reserving all other rights and remedies available to us, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by applicable law. If you believe any Content or Third Party Material violates the copyright or any other rights of yours or anyone else, please contact us with the details at our address below, so we can determine the proper course of action.
LIMIT OF LIABILITY; RISK OF LOSS; INDEMNITY
Our Website is made available “AS IS” and “AS AVAILABLE” without representations or warranties of any kind, whether by operation of law, express or implied, and we are not and will not be responsible or liable to you or any third party in connection with your use of our Website. To the fullest extent permitted by law, we disclaim and are not responsible or liable to you or any other party for any loss or damage of any kind (direct, indirect, consequential or otherwise), including loss of information or damage to any device, technology or communications mechanism you may use with respect to our Website.
We cannot and do not guarantee your use of our Website will be uninterrupted, error free or free from defects or even free from malware or malicious code. You are solely responsible for ensuring you have appropriate scanning and protective mechanisms for the security and protection of your devices, equipment, programs, communication technology and information. By using our Website, you assume all risk of loss or damage that may arise or be associated with such use.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
By accessing our Website, you are agreeing to fully indemnify us and hold us harmless from any claims, actions, threats and proceedings of any kind, as well as from any and all liability, losses, damages, costs and expenses we may suffer or incur, as a result of your violating or failing to comply with any of the terms or conditions in this Agreement, violations of applicable law, as well as any actions you take, directly or indirectly, that cause harm or damage to us, our Website our systems and technology, or to any other party.
Governing Law; Interpretation. Any claim or action arising out of or relating to this Agreement and/or our Website will be construed, governed and enforced under the laws of the State of California and the Federal laws of the United States that apply. By using our Website you unconditionally and irrevocably submit to the personal jurisdiction of, and agree to resolve all claims or disputes and initiate and adjudicate all legal, regulatory or judicial proceedings in, the State or Federal courts in the City and County of San Francisco in the State of California and you waive any right to plead or claim that San Francisco, California is an inconvenient or improper forum. In some instances, we, our Website or your browser or programs you may use may translate the Agreement into a language other than English. You agree that in the event of a dispute of any kind, the original text of the Agreement in English shall prevail and be controlling for all purposes.
YOU ALSO UNCONDITIONALLY AND IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL.
Terms & Conditions are Severable. If any provision of this Agreement is held illegal or unenforceable, that provision shall be modified as minimally as necessary to make it legal and enforceable and still preserve the meaning and intent of the original provision; provided that if doing so is not reasonably practicable, the illegal or unenforceable provision will be severed from this Agreement, without affecting any of the remaining provisions, which will continue in full force and effect.
Headings. Headings are purely for reference and shall not affect the meaning of any term or condition.
No Waiver. If we delay or fail to enforce any provision of the Agreement, that does not mean we waive our right to do so at any time, nor does it mean we are waiving the right to enforce that or any other provision or exercise any right we may have under this Agreement, at law or in equity, all of which we specifically and cumulatively reserve. A waiver will only be enforceable if signed by both you and us.
Survival. Any provision of the Agreement which must survive to allow us to enforce its plain meaning shall survive as long as necessary to be effective to allow and enable us to do so.