Terms & Conditions
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The term “Hockenberry Management Consulting” or “us” or “we” refers to the owner of the website. The term “you” refers to the user or viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are used with permission granted.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD US AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS HARMLESS FROM AND AGAINST, AND WILL PAY TO EACH OF THE FOREGOING THE AMOUNT OF, ANY LOSS, LIABILITY, DAMAGE, OR EXPENSE (INCLUDING, BUT IN NO WAY LIMITED TO, REASONABLE ATTORNEY FEES) INCURRED, WHETHER OR NOT ARISING FROM A THIRD-PARTY CLAIM, THAT ARISES FROM OR RELATES TO ANY CLAIM OF ANY NATURE (WHETHER SOUNDING IN CONTRACT, NEGLIGENCE, OR OTHERWISE) INVOLVING YOUR BREACH OF THIS AGREEMENT, VIOLATION OF LAW, OR WILLFUL MISCONDUCT, RECKLESSNESS, NEGLIGENCE, ERROR, OMISSION, ACTION, OR INACTION. FURTHERMORE, YOU EXPRESSLY AGREE THAT OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS ARE THIRD-PARTY BENEFICIARIES OF YOUR OBLIGATION TO INDEMNIFY.
Warranty and Disclaimer
Subject to the Terms & Conditions, we represent and warrant that we will provide the Services you order to you in accordance with your directives by using the information that you provide to us.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE DIRECTLY PRECEDING SENTENCE, WE WILL PROVIDE YOU SERVICES ON AN “AS IS” BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY NATURE WHATSOEVER REGARDING THE WEBSITE, THE SERVICES, OR THE FORMS INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON-INFRINGEMENT.
WITHOUT IN ANY WAY LIMITING THE SCOPE OF THE GENERAL WARRANTY DISCLAIMER ABOVE, WE MAKE NO WARRANTY OF ANY NATURE WHATSOEVER (A) THAT THE WEBSITE, SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR (B) THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The information, software, products, and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically made to the information herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR (A) ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, OR LOSS OF OPPORTUNITY; OR (B) DAMAGES IN AN AMOUNT EXCEEDING THE AMOUNT YOU HAVE PAID US FOR SERVICES.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Website, or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue using the Website.
In the event you breach or threaten to breach this Agreement, the damage or imminent damage to our value and goodwill cannot be calculated, and therefore any remedy at law or in damages shall be inadequate. Accordingly, you agree that we are entitled to injunctive relief against you in the event of a breach or threatened breach, in addition to any other relief available to us.
If you access the Website from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use our content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations. By entering into this Agreement, you and we expressly disclaim the United Nations Convention on Contracts for the International Sale of Goods. As a result, the United Nations Convention on Contracts for the International Sale of Goods will not govern or have any application to the interpretation of this Agreement, any dispute arising from or related to this Agreement, or the relationship between you and us.
You may not assign any contract or order without our prior written consent. In no event shall any permitted assignment relieve you of your obligation to pay and other obligations under this Agreement, but we reserve the right to seek payment and recovery from any lawful assignee or the person or entity which has assumed your assets or business.
You agree that in the event of any legal action brought by or against us, the non-prevailing party shall pay to the prevailing party all costs and expenses incurred in connection with such action, including but not limited to attorneys’ fees, lien fees, court costs and any other costs of litigation or collection proceedings.
No delay on our behalf in exercising or any failure by us to exercise any right or remedy available to us under this Agreement will be construed as a waiver unless reduced to writing and signed by us.
If any provision of this Agreement is held invalid or unenforceable by any court or arbitrator of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not specifically held invalid or unenforceable.
Successors and Assigns
This Agreement is binding on your successors, assigns, heirs, legal representatives, and personal representatives. This Agreement is binding on our successors and assigns.
No Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, there are no third-party beneficiaries of the Agreement.
This is the privacy notice of Hockenberry Management Consulting.
This document was last updated on 18 January 2023.
We are committed to safeguarding the privacy of your personal data. Please read the following privacy notice to understand how we collect and use your personal data, for example when you contact us, visit or use one of our websites, mobile applications, portals, or other parts of our network (each a “Site”), apply for a job, or use our products and services, regardless of how you access them. This privacy notice also explains the rights available to you in respect of your personal data.
What personal data do we collect, how do we collect it, and why?
Data that you provide voluntarily to us
When you use our Site, products or services, or you otherwise communicate with us, we may ask you to provide certain personal data voluntarily, including but not limited to your name, company position, postal address, telephone number, mobile number, fax number, email address, credit card or other payment details, age or date of birth, account usernames, passwords, or gender. For example, we may ask you to provide some or all of this personal data when you register an account with us, subscribe to our marketing communications, purchase products or services, and/or submit enquiries to us. We use this information to create and administer your account, send you marketing communications, provide you with the products and services you request, and to respond to your enquiries. In general, the personal data that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal data.
Data collected automatically
When you use our Site, products, or services, we may collect certain data automatically from your computers or devices (including mobile devices). The data we collect automatically may include your IP address (explained further below), device type, operating system details, unique device identification numbers (including mobile advertising identifiers), browser-type, browser language, operating system, geographic location (as explained further under the heading “Location information” and other technical information. We may also collect data about how your device has interacted with our Site, products or services, including the pages or features accessed and links clicked, the amount of time spent on particular pages, mouse hovers, the date and time of the interaction, error logs, referring and exit pages and URLs, and similar information. Collecting this data enables us to better understand the visitors who use our Site, products, and services, including where they come from and what features are of interest to them. We use this information for our internal analytics purposes, and to improve the quality, relevance, and security of our Site, products and services.
For example, every time you connect to the Site, we store a log of your visit that shows the unique number your machine uses when it is connected to the Internet - its IP address. This log tells us what your machine has looked at, whether the page request was successful or not, and which browser your machine used to view the pages. This data is used for statistical purposes as well as to help customize the user experience as you browse the Site and subsequently interact with Us. This helps us to understand which areas of the Site are of particular interest, which pages are not being requested, and how many people are visiting the Site in total. It also helps us to determine which products and services may be of specific interest to you. We may also use this information to block IP addresses where there is a breach of the terms and conditions for use of the Site.
Some of the data may be collected automatically using tracking technologies, as explained further under the heading “Cookies and similar tracking technology.”
Data that we obtain from third party sources
From time to time, we may receive personal data about you from third party sources (including without limitation recruitment agencies, credit check agencies, agencies providing compliance checks, lead generation providers, resellers, and other partners who sell our products and services to you), but only where such third parties have confirmed that they have your consent or are otherwise legally permitted or required to disclose your personal data to us.
The types of information we collect from third parties include contact details, CVs, credit history, and order information, and we use the information we receive from these third parties to assess your suitability for a job position, carry out compliance checks required under applicable law (such as anti-bribery and corruption checks), make credit decisions, maintain and improve the accuracy of the records we hold about you, and market our products and services to you.
We also receive information from other members of the industry that forms part of or otherwise helps us to develop, test, and enhance our own product offering (for example spam lists, malicious URL lists, and sample viruses), some of which could contain personal data (where permitted by applicable law).
We may combine information that we collect from you with information about you that we obtain from such third parties.
Data collected through our products and services
We use data that we collect from products and services for the purposes for which you provided it, usage and audience counts, monitoring the performance and effectiveness of the products/services, monitoring compliance with our terms and conditions, enabling compatibility with third party operating systems/products/services, planning future roadmap strategy, planning product/service/feature lifecycles and retirements, conducting spam, threat and other scientific research, developing new products and services, enhancing existing products and services, troubleshooting product issues, generating statistics, reporting, and trend analysis. This may include incidental personal data (for example usernames, machine IDs, domain names, IP addresses, file names, and file paths).
Cookies and similar tracking technology
A cookie is a piece of text that gets entered into the memory of your browser by a website, allowing the website to store information on your machine and later retrieve it.
We, along with our service providers, may also use other Internet technologies, such as Flash technologies, Web beacons or pixel tags, and other similar technologies, to deliver or communicate with cookies and track your use of the Site, product, or service, as well as serve you ads and personalize/customize your experience when you are using our Site, product, or service and/or when you are on other websites where those cookies can be accessed. We may also include Web beacons in email messages, newsletters, and other electronic communications to determine whether the message has been opened and for other analytics, personalization, and advertising. As we adopt additional technologies, we may also gather additional information through other methods. This practice is explained further under the heading “Marketing and promotions.”
As explained above, we occasionally share information you have provided to us with service providers, who will de-identify the information and associate it with cookies that enable us to reach you. We may also help these service providers place their own cookies, by deploying a cookie that is associated with a “hashed” value associated with interest-based or demographic data, to permit advertising to be directed to you on other websites, applications or services.
Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies by visiting the Help portion of your browser's toolbar. If you choose to decline cookies, please note that your ability to sign in, customize, or use some of the interactive features of our Site, product, or service may be impeded, and the advertisements you see may not be as relevant to you.
We may collect different types of information about your location, including general information (for example IP address or ZIP code) and more specific information (for example GPS-based functionality on mobile devices when used to access a Site, product, or service). This information may be used to customize the services provided to you, such as location-based information, advertising, and features. In order to do this, your location information may be shared with our agents, vendors, or advertisers. If you access the Services through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer's instructions for further details.
Third Party Links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We have no responsibility or liability for the content and activities of these linked sites.
Steps We Take to Ensure Your Privacy and Protect Your Information
The security of your personal data is important to us. We use generally accepted, industry standard tools and techniques to protect your personal data against unauthorized disclosure. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially reasonable means to protect your personal information, we cannot guarantee its absolute security.
We use encryption to keep your data private while in transit. We review our information collection, storage, and processing practices, including physical security measures, to prevent unauthorized access to our systems. We restrict access to personal information to Hockenberry Consultants, LLC employees, contractors, and federal state or local agents who need that information in order to process the information to fulfill the business service. Anyone with this access is subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
Your Rights in Relation to Your Personal Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on the Website:
See what data we have about you, if any.
Change/correct any data we have about you.
Have us delete any data we may have about you.
Express any concern you have about our use of your data.
We do not knowingly collect information from children under the age of 18 and we do not target our websites to children under 18. If we determine that an individual under the age of 18 has submitted information to this site, we delete that information.
Terms and Conditions
Please also visit our Terms & Conditions, which governs the use of the Website.
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We want everyone who visits our website to feel welcome.
While designing and updating our website, we use Web Content Accessibility Guidelines (WCAG) 2.1. These guidelines explain how we can make web content more accessible.
If you feel that any of our website is not accessible, please get in touch with us right away so that we can make the appropriate changes.