LAST REVISED: 06/26/2024 

These Terms of Service ("Terms") govern your access to and use of the hillcrestcircle.com website (“Site”) and any app, service, or any other products or features owned, operated, branded or offered by Hillcrest Circle Advisors (“HCA”), except where we expressly state that separate terms (and not these) apply. Please read these Terms carefully, and contact us if you have any questions.

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to our Terms, you must not access or use HCA.
 

1. PURCHASE POLICIES

All products and services made available by HCA were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission. You may not create any derivative works of the HCA products. When you purchase any of our products, you agree that you will not use any information you gain from our products to create any product or service, whether offered for commercial or personal use, without express written consent of HCA. All inquiries for use of HCA intellectual property must be submitted to info@hillcrestcircle.com. HCA reserves the right to seek equitable and compensatory relief for any violation of this term.
 

2. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

HCA is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from HCA. Any reliance on the material on this Site is at your own risk.

HCA disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Site. HCA assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Site.
 

3. GENERAL DISCLAIMER

We have made every effort to ensure any information relating to our personal coaching services is accurate. There is no guarantee that you will see positive results using the techniques and materials provided on the Site. We assume no responsibility for your decisions or for policies or practices that you implement based on information on the Site. Everything provided on the Site is for informational purposes only.
 

4. BUSINESS AND PERSONAL COACHING DISCLAIMER

We make no guarantees regarding results, present or future. We are not responsible for your earnings, income, sales, or any other performance as a result of the actions you take based upon the information provided on the Site. The Site is provided for informational purposes only.
 

5. USE OF THE WEBSITE 

All original materials provided by HCA are owned by HCA. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of HCA’s intellectual property. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. HCA will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

 

6. THIRD PARTY LINKS, SITES, AND SERVICES
The Site may contain links to third party websites, advertisers, services, software components, special offers or other events or activities that are not owned by us. We don’t endorse or assume any responsibility for any such third party websites, information, materials, products or services. If you access any third party website, service or content, etc. from the Site, you do so at your own risk and you agree that we have no liability arising from your use of, purchase from or access to any third party website, service, or content, etc.

 

7. INDEMNITY

If you use the Site for commercial purposes without express written consent of HCA, you agree to indemnify and hold harmless HMCA from any claims (including reasonable attorney’s fees) relating to your use of our Site and services. HCA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which event you will fully cooperate with HCA.

 

8. DISCLAIMERS

To the extent permitted by applicable law, the Site is provided on an "as is" basis without warranty of any kind, whether express or implied.
HCA does not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free. HCA does not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.

We may make changes to the Site for various reasons. We will have no liability for any change to the Site or any suspension or termination of your access to, or use of the Site.

The limitations, exclusions, and disclaimers in this section apply to the fullest extent permitted by applicable law.

 

9. ARBITRATION

For any dispute you have with us, you agree to first contact us and try to resolve the dispute informally. To the extent permitted by law, neither party may initiate any legal proceeding—whether in court, arbitration, or any other forum—until the Notice of Dispute and Informal Dispute Resolution processes described below are completed. Nothing in this Section, however, will prevent either you or us from seeking temporary injunctive relief in court (or in arbitration) to preserve the status quo or to help enforce this arbitration clause at the outset of any dispute.

A party with a dispute must first send us a Notice of Dispute, which must include your full name; the email address associated with your HCA service; your state or province of residence; your counsel, if you are represented by counsel; a detailed description of both the dispute and the alleged harm; and your signature. That information should be emailed to info@hillcrestcircle.com. The notice can only be sent on behalf of an individual party; a Notice of Dispute that asserts the rights of more than one party is ineffective. After receiving the Notice of Dispute, HCA will respond within 60 days to attempt to resolve the dispute amicably. After the 60-day period has elapsed, either party may initiate arbitration.

Arbitration: If we haven’t been able to resolve the dispute through the mandatory processes above, you and we each agree to resolve any claim, dispute, or controversy arising out of or relating to these Terms or the Service through binding arbitration or, for qualifying claims, in small claims court.

Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. By accepting these Terms, you agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Section, and that you and HCA are each waiving the right to a trial by jury or to participate in a class action. The arbitrator also has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

Any arbitration will be administered by the American Arbitration Association ("AAA") under the applicable rules then in effect for the AAA. If the AAA rules conflict in any way with these Terms, the Terms will govern. You can find AAA’s forms at www.adr.org. The arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. A judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. Where the AAA’s Consumer Arbitration Rules apply, if the arbitrator determines that a party’s claim was frivolous or brought for an improper purpose, the arbitrator must assign all fees and costs associated with the arbitration to that party.

All disputes must be brought in the party's individual capacity, and not as a member in any class or representative proceeding. You agree that, by entering into these Terms, you are waiving the right to a trial by jury or to participate in a class action.

Nothing in these Terms shall affect any non-waivable statutory rights that apply to you. 

 

10. GOVERNING LAW AND JURISDICTION

 

These Terms and your use of the Site and HCA services shall be governed by the laws of the State of California, without respect to its conflict of laws principles. For any actions not subject to Section 9 (Arbitration), the exclusive place of jurisdiction for any claim, dispute, or controversy arising from or in connection with these Terms or the Service is San Mateo County, California, or the United States District Court for the Northern District of California, and such disputes will be determined under California law.

 

11. CHANGES TO TERMS OF SERVICE

HCA reserves the right, at its sole discretion, to modify or replace these Terms at any time. Changes and clarifications will take effect immediately upon their posting on the site. Your continued use of or access to the site following the posting of any changes to these Terms constitutes acceptance of those changes.