“Contact Form” means a form available on the Site that can be used to submit information to Hoffman for any purpose.
“Form Tools” means the third-party products and services that Hoffman uses to enable Contact Forms on the Site and process the information submitted through Contact Forms.
“Platform” means the Hoffman-branded Vimeo OTT Service online platform available to Subscribers through https://hoffman.vhx.tv and https://closer.sellhoffman.com/
“Services” refers to the services offered by Hoffman to Subscribers pursuant to a Subscription Agreement, including access to the Platform and any programs, content, forums, or services provided through the Platform.
“Site Materials” collectively refers to Contact Forms, Third Party Content, and Hoffman Content.
“Site User” means any person who uses the Site, which includes browsing the Site or submitting a Contact Form.
“Subscriber” means any person or entity receiving Services from Hoffman pursuant to a Subscription Agreement. References to “Subscriber” include the employees who are authorized to use the Services on behalf of such Subscriber, if any.
“Subscription Agreement” means a separate agreement between Hoffman and a Subscriber for the purchase and use of Services pursuant to a Closer License or an Enterprise License.
“Third Party Content” means content or tools provided by third parties that are available on the Site, such as links to third-party web pages and advertisements for the products or services of third parties.
“Hoffman Content” means the text, graphics, sounds, images, information, and software that you see, hear, or otherwise experience on the Site, except for Third Party Content.
2. Purpose of the Site: The Site is intended to provide information about the Services. The Site provides functionality for Site Users to request further information about the Services and to contact Hoffman through Contact Forms. By browsing the Site Materials or submitting a Contact Form, you are a Site User for purposes of these TOU.
3. Services Subject to Other Terms: These TOU do not govern the purchase or use of Services or use of the Platform. If you elect to evaluate or purchase a subscription for Services, your purchase and use of the Services will be subject to a separate Subscription Agreement between you and Hoffman. If you purchase a Closer License, your use of the Services and Platform are subject to the terms set forth in the Hoffman Viewer Terms of Service. If you purchase an Enterprise License, then: (i) your purchase is subject to the Hoffman Enterprise Subscription Terms and Conditions; and (ii) any use of the Services or Platform by you, or by your employees who you authorize to use the Services, is also subject to the Hoffman Viewer Terms of Service.
4. Use of the Site: You may use the Site and Site Materials solely for your personal, non-commercial use to learn about Hoffman and the Services, and/or contact Hoffman, provided that you comply and remain in compliance with these TOU. You are responsible for obtaining access to the Site and for any third-party fees incurred as a result (such as internet service provider or airtime charges). You may not:
5. Reservation of Rights: Hoffman reserves the right, in its sole discretion, to: (i) make changes to these TOU; (ii) make changes to Site Materials; (iii) determine if you have violated these TOU; and (iv) take any action we deem appropriate if we determine you have violated these TOU.
7. Third-Party Content: The Site may display Third Party Content. In consideration for the convenience of Hoffman making Third Party Content available or accessible to you, you acknowledge that Hoffman is not responsible for any such Third Party Content and Hoffman makes no representations as to the completeness or accuracy of such Third Party Content. You also agree that Hoffman is not responsible or liable for any losses or damages you experience with any Third Party Content you choose to rely upon or advertisements you respond to, and that you must contact the third party directly for any remedies that may be available to you.
8. Intellectual Property Rights:
9. Copyright Infringement and Copyright Agent: If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on any Site, please provide notice to the Hoffman Copyright Agent and include the following information (“Notice”):
The Hoffman Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: MJ Hoffman and Associates, LLC
75 State Street
Boston, MA 02109
By email: firstname.lastname@example.org
YOU SHOULD CONTACT THE COPYRIGHT AGENT ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND THAT SUCH INFRINGEMENT IS OCCURRING ON THE SITE. THE COPYRIGHT AGENT WILL NOT RESPOND TO ANY OTHER INQUIRIES.
10. Compliance with Laws: By accessing or using the Site, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which govern or apply to the use of the Site. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any Site Materials to countries or persons prohibited under the export control laws of the United States. Hoffman makes no representation that the Site Materials are appropriate or available for use outside the United States. If you have chosen to access the Site from outside the United States, you do so at your own initiative and risk, and you are solely responsible for compliance with your local laws, if and to the extent, local laws are applicable.
11. Legal Disclaimers: The Site and all Site Materials are provided for the convenience of Site Users, including prospective Subscribers and customers of Hoffman. TO THE FULLEST EXTENT PERMITTED BY LAW, HOFFMAN AND ITS AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SITE AND SITE MATERIALS. THE SITE AND SITE MATERIALS ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. HOFFMAN DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. HOFFMAN DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA. IF YOUR USE OF THE SITE OR DOWNLOADED MATERIAL OR DATA RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, HOFFMAN IS NOT RESPONSIBLE FOR THOSE COSTS.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.
12. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES WILL HOFFMAN OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OR LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR SPECIAL DAMAGES, WHETHER OR NOT FORESEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE SITE OR SITE MATERIALS. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THESE TOU, THE AGREEMENTS OR POLICIES REFERENCED HEREIN, OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF HOFFMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The above limitation applies to your use, misuse, or reliance upon the Site, including, without limitation, damages you may incur because of third-party services or other services or products received, such as third-party services or products received by, advertised on, or linked to the Site.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
13. Indemnity: You agree to defend, indemnify, and hold harmless Hoffman and its officers, directors, employees, consultants, agents, and licensors from and against any and all claims, liabilities, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your violation of any provision of these TOU, (ii) your violation of applicable law in connection with your use of the Site, or (iii) any actual or alleged infringement by you of any intellectual property or privacy or other right of any third party in connection with your use of the Site.
15. Waiver and Severability: Any failure by Hoffman to enforce a provision of these TOU is not a waiver of its right to do so later. If for any reason, any provision or portion of the TOU is found to be unenforceable, the remainder of the TOU will continue in full force and effect.
16. Entire Agreement: These TOU constitute the entire agreement between you and Hoffman with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.