TERMS OF USE

WEBSITE TERMS OF USE

 

Welcome to our website. This site is maintained as a service to our customers. Please read the Terms of Use carefully before you start to use this website as well as any other media form, media channel, mobile website or mobile application related to this Site. By accessing and using this site, you acknowledge you have read, understand and agree to be bound by the following terms of use. If you do not agree to these terms, you should not use this site or register for any services.

 

  1. Agreement. This Agreement (“the “Agreement”) specifies the terms and conditions for access to and use of www.holianassociates.com (the “Site”). These Terms are a legal agreement between you and Holian Associates, the owner of the Site. We may modify this Agreement at any time by posting the modified Agreement and these modifications are expressly incorporated in this Agreement by reference. Any such modifications shall be effective when they are posted and you should periodically check for any update to the Agreement and review the most recent version of these terms. Each use by you shall confirm your unconditional acceptance of this Agreement, including any changes or amendments to this Agreement. You agree that you will not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Holian Associates.

 

  1. Privacy. We care about data privacy and security. Please review our Privacy Policy, which you can access here. By using this Site, you also agree to be bound by our Privacy Policy, which is hereby incorporated into these Terms. We use reasonable security measures to protect the data we receive from you and your use of our Site and services. However, we cannot guarantee that third parties will never defeat our security measures. You acknowledge that you are using our Site and services and sharing information at your own risk. Your visit to our Site is also governed by our Privacy Policy. Please review our Privacy Policy, a link to which can be found on our webpage.

 

  1. Ownership and Site Use. Holian Associates grant you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. All content, features and functionality included on this site is and shall continue to be the property of Holian Associates or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site. You agree not to copy materials on the Site, reverse engineer or break into the site, or use materials, products or services in violation of any law.  The use of this Site is at the discretion of Holian Associates and Holian Associates may terminate your use of this Site at any time.

 

  1. Intended Audience. This Site is intended for adults only and is not intended for any children under the age of 18. Additionally, the information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

  1. Intellectual Property Rights. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site and the trademarks, copyrights, service marks, and logos are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights an unfair competition laws of the United States, international copyright laws, and international conventions. Holian Associates retains all proprietary rights to the Site and all property mentioned above. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except for any information that is public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of Holian Associates or of any third party without our express prior written permission to do so.

 

  1. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that the information provided by you is truthful and accurate to the best of your knowledge. By using the Site, you represent and warrant that:  (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof.

 

  1. Indemnification.  You agree to indemnify, defend and hold Holian Associates and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

 

  1. Disclaimer. While Holian Associates strives to provide accurate information on this Site, the information on this Site is provided on an “AS IS” and “AS AVAILABLE” basis and you agree the use of this site is at your sole risk. Holian Associates disclaims all warranties of any kind, including without limitation express warranties, statutory warranties and implied warranties of:  merchantability, fitness for a particular purpose, and non-infringement.  It also extends to any expressed or implied warranties arising from any course of dealing, trade practice or usage. To the extent that your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site is to stop using the site.

 

  1. Disclaimer of Guarantee, No Warranty. Holian Associates provide services on an “AS IS” basis and do not make any warranty, express, implied, limited or other with respect to the services provided. Specifically, Holian Associates does not warrant that the service will always be available, be uninterrupted, be error-free, meet your requirements, or that any defects in our Site or services will be corrected. We may experience hardware, software, or other or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site, or portions of the Site, at any time or for any reason without notice. Holian Associates does not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information. Further, either at the beginning or during our time working with you, we might express opinions or beliefs concerning our work with you and the results that might be anticipated. Any such statement by us is an expression of opinion only and is not a promise or guarantee of results. We cannot guarantee specific results for any of our clients, as each person’s results are different and therefore not all clients will achieve the same results. You accept and agree that you are the one vital element to success or our work together, as we cannot control you or your actions. We are not responsible for any decisions you make as a result of the coaching/consulting and any consequences thereof. Having said that, what we do promise is to devote our best efforts toward you getting the job you want, improving your resume, and any other matters identified in our retainment agreement with you.

 

  1. Limitation of Liability. Holian Associates, its employees, agents and affiliates will not be liable for damages of any kind under any legal theory arising from the use or inability to use this Site. This includes direct, indirect, incidental, consequential, special, exemplary, punitive or other damages, under any legal theory, arising out of or in any way relating to the site, your site use, or the content, even if advised of the possibility of such damages. This does not affect any liability that cannot be excluded or limited under applicable law.  You agree to defend, indemnify and hold harmless Holian Associates, its employees, agents and affiliates from and against any claims, liabilities, damages, costs and judgments arising out of or relating to your violation of these Terms of Use or your use of the Site.

 

You may have additional rights under certain laws which do not allow the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

 

  1. Use of Information. Holian Associates reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy which can be found on our webpage. You may be asked to provide certain registration information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. Also, if you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.

 

  1. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    • A description of the copyrighted work that you claim has been infringed;
    • A description of where the material that you claim is infringing is located on the Site;
    • Your address, telephone number, and e-mail address;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can reach our Copyright Agent for Notice of claims of copyright infringement at the contact address listed in this Terms of Use.

On the other hand, if you believe that a notice of copyright infringement has been wrongfully submitted against you, you may file a “counter-notification” with Holian Associates’ designated Copyright Agent agent at the contact address listed in this Terms of Use.

The counter-notification should contain the following information:

(a)     Your name, mailing address, telephone number, and e-mail address.

(b)     The material removed or to which access has been disabled and the location at which the material previously appeared (please be as detailed as possible and provide web addresses (URLs) leading directly to the material).

(c)      A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

(d)     A statement that you consent to the jurisdiction of the Federal District Court: (i) in the judicial district where your address is located, or (ii) in the Federal Ninth Circuit, if your address is located outside the United States, and that you will accept service of process from the Complainant who submitted the notice of infringement or his or her agent.

(f)      Your physical or electronic signature (typing your full legal name is sufficient).

 

Upon receipt of a valid counter-notification, Holian Associates will promptly forward a copy to the complainant who submitted the notice of infringement. If the complainant does not notify us, within ten (10) business days, that he or she has filed a legal action relating to the allegedly infringing material, we will restore the material to our Site.

 

  1. Applicable Law. You agree that the laws of the state of California, without regard to conflicts of laws provisions, will govern these Terms of Use and any dispute that may arise between you and Holian Associates or its affiliates. Any legal action concerning these Terms or this Site must be brought within one year after the claim or cause of action arises and you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California, Contra Costa County, for the purpose of resolving any dispute.

 

  1. Electronic Communications, Transactions and Signatures. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

 

  1. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

 

  1. Waiver.  The failure of Holian Associates to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Holian Associates must be in writing and signed by an authorized representative of Holian Associates.

 

  1. Termination.  Holian Associates may terminate this Agreement at any time, with or without notice, for any reason.

 

  1. Entire Agreement. This Terms of Use constitutes the entire Site agreement between you and Holian Associates and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Holian Associates with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site.

 

  1. Questions? Concerns? Suggestions?  Please contact us at julia@holianassociates.com to report any violations of this Agreement or to pose any questions regarding this Agreement, the Site or our services.

These Terms of Use are effective/updates as of May 1, 2022.