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Terms and Conditions.

Agreement between User and Hoffman

Welcome to Hoffman LLC. These Terms of Use govern the web pages of Hoffman, LLC. The Website (henceforth known as the “Site”) is owned and operated by Hoffman LLC. Hoffman is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Hoffman constitutes your agreement to all such Terms. Please read the Terms carefully before proceeding.

Hoffman is a website dedicated to our consulting services, public workshops, educational materials, and blog.

Privacy

Your use of Hoffman is subject to Hoffman’s Privacy Policy. Please review our Privacy Policy, which also governs the Site, and informs users of our data collection policies.

Electronic Communications

Visiting Hoffman or sending emails to Hoffman constitutes electronic communication. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other information that we provide you electronically, via Email and on the Site, satisfy any legal requirement that such communication be in writing.

Links to Third Party Sites/Third Party Services

Hoffman may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control Hoffman and Hoffman is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Hoffman is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hoffman of the site or any association with its operators.

Certain services may be available via Hoffman are delivered by third party organizations. By using any product, services or functionality originating from the Hoffman domain, you hereby acknowledge and consent that Hoffman may share such information and data with any third party organization with whom Hoffman has a contractractual relationship to provide the requested product, service or functionality on behalf of Hoffman users and customers.

No Lawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, removable license to access and use Hoffman strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Hoffman that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and of any software used on the Site, is the property of Hoffman or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contain in any such content and will not make changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any other way exploit any of the content, in whole or in part, found on the Site. Hoffman content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content soley for your personal use, and will make no other use of the content without the express written permission of Hoffman and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, expressed or implied, to the intellectual property of Hoffman or our licensors except as expressly authorized by these Terms.

Material Provided to Hoffman or any Posted on Any Hoffman Web Page

Hoffman does not claim ownership of the material you provide to Hoffman (including feedback and suggestions) or post, upload, input or submit to any Hoffman Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Hoffman, our affiliated companies and necessary sublicenses permission to use your Submission in connection with their operation of their Internet business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Hoffman is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Hoffman’s sole discretion.

By posting, uploading, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.

International Users

The Service is controlled, operated and administered from our offices with the USA. If you access a service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Hoffman Content accessed through Hoffman in any country or any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Hoffman, its officers, directors, employees, agents and third parties for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or or arising out of use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Hoffman reserves the right, at its own cost, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Hoffman in asserting any available defense.

Arbitration  

In an event the parties are not able to resolve any dispute between them arising out of the Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of the Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.   

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING A CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST EACH OTHER. Further, unless both you and Hoffman agree otherwise, the arbitrator may or may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOFFMAN AND/O ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

HOFFMAN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAIN ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HOFFMAN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-FRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOFFMAN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON A CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF HOFFMAN OR ANY OF ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Hoffman reserves the right, in its sole discretion, to terminate your access to the Site and related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by laws of the State of Massachusetts and you consent to the exclusive jurisdiction and venue of courts in Massachusetts in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitations, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hoffman as a result of this agreement or use of this Site. Hoffman’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hoffman’s right to comply with governmental, court and law enforcement requests or requirements related to your use of the Site or information provided to or gathered by Hoffman with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant provision will be deemed superseded by a valid, enforceable provisions that most closely matches the intent of the original provision and the remainder of the agreement shall in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Hoffman with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electric, oral or written, between the user and Hoffman with respect to the Site. A printed version of this agreement and of any notive given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Hoffman reserves the right, in its sole discretion, to change the Terms under which Hoffman is offered. The most current version of the Terms will supercede all previous versions. Hoffman encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Hoffman are innovators and sales visionaries. They deliver an authentic experience that keeps sales people engaged.

- Bret Wilbur, Director of Sales | TriNet

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