Terms of Service – Hemker Hill

Last updated: July 17, 2024

Please read these terms of service before using Hemker Hill and Associates’ service.

1. Terms

By accessing the website at hemkerandhill.com, you are agreeing to be bound by these terms of service, Hemker Hill and Associates’ privacy policy, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. You also represent that you are over the age of 18. If you do not agree with any of the foregoing, including any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Hemker Hill and Associates’ website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Hemker Hill and Associates’ website;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Hemker Hill and Associates at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on Hemker Hill and Associates’ website are provided on an ‘as is’ basis. Hemker Hill and Associates makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Hemker Hill and Associates does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site, and Hemker Hill and Associates does not warrant or make any representations concerning the success of its services in stopping the collection or enforcement of any debts you may owe.

Hemker Hill and Associates is NOT a law firm, and therefore, Hemker Hill and Associates will only provide general information regarding debt related issues to you, subject to these terms and any other agreement executed between you and Hemker Hill and Associates. Communication of information by, in, to or through this website and your receipt or use of it (1) does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, and (3) is not intended to convey or constitute legal advice. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.

4. Hemker Hill and Associates Communications, TCPA Consent, and Privacy

You agree to receive communications from Hemker Hill and Associates or communications related to Hemker Hill and Associates’ services at any of the phone numbers provided to Hemker Hill and Associates by you or on your behalf, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Hemker Hill and Associates or its affiliated companies may include but are not limited to: operational communications concerning your account or use of the Hemker Hill and Associates’ website or services, communications concerning marketing or promotions run by Hemker Hill and Associates or Hemker Hill and Associates’ third-party partners, and news concerning Hemker Hill and Associates and industry developments. If you change or deactivate the phone number you provided to Hemker Hill and Associates, you agree to update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages Hemker Hill and Associates sends.

Furthermore, notwithstanding any current or prior election to opt-in or opt-out of receiving telemarketing calls or SMS messages (including text messages) from Hemker Hill and Associates, its agents, representatives, affiliates, or anyone calling on Hemker Hill and Associates’ behalf, You expressly consent to be contacted by Hemker Hill and Associates, its agents, representatives, affiliates, or anyone calling on Hemker Hill and Associates’ behalf for any and all purposes arising out of or relating to Your application, Program Debt Schedule and/or account, at any telephone number, or physical or electronic address You provide or at which You may be reached. You agree We may contact You in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by You or someone else. In the event that an agent or representative of Hemker Hill and Associates calls, he or she may also leave a message on Your answering machine, voice mail, or send one via text.

You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from Hemker Hill and Associates, its agents, representatives, affiliates, or anyone calling on Hemker Hill and Associates’ behalf at the specific number(s) You have provided to Hemker Hill and Associates, or numbers we can reasonably associate with Your account (through skip trace, caller ID capture or other means), with information or questions about Your application, Program Debt Schedule and/or account. You certify, warrant, and represent that the telephone numbers that You have provided to Hemker Hill and Associates are Your contact numbers. You represent that You are permitted to receive calls at each of the telephone numbers You have provided to Hemker Hill and Associates. You agree to promptly alert Hemker Hill and Associates whenever You stop using a particular telephone number. Your cellular or mobile telephone provider will charge You according to the type of plan You carry. You also agree that Hemker Hill and Associates may contact You by e-mail, using any email address You have provided to Hemker Hill and Associates or that You provide to Hemker Hill and Associates in the future. Hemker Hill and Associates may listen to and/or record phone calls between You and Hemker Hill and Associates’ representatives without notice to You as permitted by applicable law. For example, Hemker Hill and Associates listens to and records calls for quality monitoring purposes.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM HEMKER HILL AND ASSOCIATES’ PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “STOP” TO 512-991-5303 OR 512-900-7546 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING HEMKER HILL AND ASSOCIATES’ SERVICES.

5. Limitations

In no event shall Hemker Hill and Associates or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Hemker Hill and Associates’ website, even if Hemker Hill and Associates or a Hemker Hill and Associates authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. Accuracy of Materials

The materials appearing on Hemker Hill and Associates’ website could include technical, typographical, or photographic errors. Hemker Hill and Associates does not warrant that any of the materials on its website are accurate, complete or current. Hemker Hill and Associates may make changes to the materials contained on its website at any time without notice. However, Hemker Hill and Associates does not make any commitment to update the materials.

7. Links

Hemker Hill and Associates has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Hemker Hill and Associates of the site. Use of any such linked website is at the user’s own risk.

8. Modifications

Hemker Hill and Associates may modify these terms of service for its website at any time without notice. You agree that each visit you make to this website and your continued use of this website or Hemker Hill and Associates’ services shall confirm that you read, accepted, and agreed to be bound by any modification. No modification shall apply to a dispute that accrued or of which Hemker Hill and Associates had actual notice on or before the date of the modification.

9. Dispute Resolution

9.1 Class Action Waiver; No Consolidation of Claims. To the extent permitted by applicable law, the parties hereby waive their rights to assert any claim as a plaintiff or class member in any purported class action. Further, unless both you and Hemker Hill and Associates otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of collective action, private attorney general action, or other representative proceeding. This Paragraph 9 will survive any termination of these terms or Hemker Hill and Associates’ privacy policy.

9.2 Arbitration. Except for collection efforts and enforcement of an arbitration order under this Paragraph 9, if the parties are unable to resolve any dispute related to these terms or Hemker Hill and Associates’ privacy policy by direct negotiation, they shall resolve the dispute through binding arbitration in Austin, Texas, before a single arbitrator from the American Arbitration Association in accordance with its Commercial Arbitration Rules.

9.3 Choice of Law. These terms, Hemker Hill and Associates’ privacy policy, and any dispute related to these terms or Hemker Hill and Associates’ privacy policy shall be governed by and interpreted in accordance with the laws of the State of Texas without regard to its conflict of laws provisions. If any litigation is validly instituted related to these terms or Hemker Hill and Associates’ privacy policy, the parties hereby consent to the exclusive personal jurisdiction of the state and federal courts in Travis County, Texas and waive any objection as to venue or inconvenient forum.

9.4 Jury Trial. The parties hereby waive any right to a jury trial in connection with a dispute related to these terms or Hemker Hill and Associates’ privacy policy.

9.5 Attorneys’ Fees. If any arbitration or legal proceeding is validly instituted to resolve a dispute or to enforce these terms or Hemker Hill and Associates’ privacy policy, the prevailing party may recover its attorneys’ fees and other costs.

10. Contact Us

If you have any questions about these Terms of Service, you may contact Hemker Hill and Associates by email at [email protected]