TERMS AND CONDITIONS
Last Updated: January 2026
These Terms and Conditions (“Terms,” “Agreement,” or “Terms and Conditions”) govern access to and use of the websites, software, technology, digital marketing services, artificial intelligence services, communications services, consulting services, and related products provided through Hawkeye Digital AI, a division of Hawkeye Asset Management LLC.
Hawkeye Digital AI is not a separate legal entity from Hawkeye Asset Management LLC. Hawkeye Digital AI is a business division and operating brand of Hawkeye Asset Management LLC.
For purposes of all proposals, estimates, statements of work, service agreements, subscriptions, invoices, payments, contracts, and other legal or financial obligations associated with Hawkeye Digital AI, the contracting entity is:
Hawkeye Asset Management LLC
Hawkeye Digital AI may be used as the trade name, brand, service name, or division name under which the Services are marketed and delivered. However, all contracts and agreements for Hawkeye Digital AI Services are entered into with Hawkeye Asset Management LLC.
1. ABOUT THESE TERMS
These Terms establish the rules governing your relationship with Hawkeye Asset Management LLC in connection with Services marketed and delivered through its Hawkeye Digital AI division.
Additional documents may apply to particular Services, including proposals, statements of work, order forms, pricing schedules, service agreements, privacy policies, messaging policies, data processing agreements, or other written agreements between you and Hawkeye Asset Management LLC.
Where a signed service agreement or statement of work contains terms specifically applicable to a particular service, those service-specific terms will control to the extent of any direct conflict with these general Terms.
These Terms are intended to establish the general framework for the relationship between the Client and Hawkeye Asset Management LLC while allowing individual service arrangements to contain additional requirements.
2. Hawkeye Digital AI AND THE CONTRACTING ENTITY
Hawkeye Digital AI is a division of Hawkeye Asset Management LLC.
Hawkeye Digital AI is a brand and operating division used by Hawkeye Asset Management LLC to market, sell, administer, and provide artificial intelligence, digital marketing, website, SEO, AIO, automation, reputation management, communication, consulting, and related technology Services.
Hawkeye Digital AI is not a separate corporation, limited liability company, partnership, or other independent legal entity.
All legal and financial relationships established through Hawkeye Digital AI are relationships with Hawkeye Asset Management LLC.
Accordingly:
- all contracts are contracts with Hawkeye Asset Management LLC;
- all service agreements are agreements with Hawkeye Asset Management LLC;
- all proposals and statements of work are issued by or on behalf of Hawkeye Asset Management LLC;
- all invoices and billing obligations are owed to Hawkeye Asset Management LLC;
- all payments for Services are payments to Hawkeye Asset Management LLC or its authorized payment processors;
- all subscriptions and recurring billing arrangements are established with Hawkeye Asset Management LLC;
- all rights and obligations arising under these Terms belong to or are owed to Hawkeye Asset Management LLC;
- references to “Hawkeye Digital AI” identify the applicable division or brand through which Services are provided; and
- no provision of these Terms creates a separate legal entity or separate contracting party known as Hawkeye Digital AI.
Where these Terms use the terms “Hawkeye Digital AI,” “Company,” “we,” “us,” or “our,” those references mean Hawkeye Asset Management LLC, operating through its Hawkeye Digital AI division, unless the context specifically requires otherwise.
The Client acknowledges that the identity of the contracting party is Hawkeye Asset Management LLC, regardless of whether a proposal, website, invoice, software interface, communication, advertisement, or other material uses the Hawkeye Digital AI brand.
3. SERVICES AND BUSINESS OPERATIONS
Hawkeye Digital AI, as a division of Hawkeye Asset Management LLC, may provide or arrange for the following Services:
- AI-powered website development;
- search engine optimization (“SEO”);
- AI optimization and AI search visibility (“AIO”);
- content development and optimization;
- AI visibility and search optimization;
- reputation and review management;
- review-request campaigns;
- AI chat assistants;
- AI voice assistants;
- CRM implementation and management;
- workflow automation;
- appointment scheduling and booking systems;
- SMS communications;
- email marketing;
- database reactivation campaigns;
- lead follow-up systems;
- digital marketing consulting;
- marketing strategy;
- third-party software integrations;
- website hosting or technology services where specifically included;
- and other digital marketing, automation, technology, consulting, or AI-related Services offered by Hawkeye Digital AI.
Not every Client receives every Service.
The Services actually provided to you are determined by the applicable proposal, order form, statement of work, subscription, invoice, service agreement, or other written arrangement entered into with Hawkeye Asset Management LLC.
4. DEFINITIONS AND INTERPRETATION
For purposes of these Terms:
“Hawkeye Asset Management LLC” means the legal entity that owns and operates the Hawkeye Digital AI division and is the contracting and billing entity for the Services.
“Hawkeye Digital AI” means the digital marketing, artificial intelligence, website, automation, communications, consulting, and technology division and brand operated by Hawkeye Asset Management LLC.
“Company,” “Hawkeye Digital AI,” “we,” “us,” or “our” means Hawkeye Asset Management LLC, including its applicable Hawkeye Digital AI division, employees, contractors, representatives, affiliates, and service providers.
“Client,” “you,” or “your” means the person or legal entity purchasing, accessing, or using the Services.
“Services” means the products, services, technology, software, consulting, marketing, automation, AI, communications, websites, and related services provided by Hawkeye Asset Management LLC through Hawkeye Digital AI.
“Client Data” means information, files, records, contact information, customer information, business information, credentials, content, or other data supplied by or on behalf of the Client.
“End Customer” means a person or organization that interacts with the Client's business, including the Client's customers, prospects, leads, website visitors, subscribers, or contacts.
“Client Content” means text, images, photographs, logos, trademarks, videos, audio, documents, customer information, reviews, testimonials, marketing materials, business information, and other materials supplied by the Client.
“Third-Party Services” means services, platforms, software, APIs, websites, communication carriers, hosting providers, search engines, social networks, payment processors, advertising platforms, or other technology operated by parties other than Hawkeye Asset Management LLC.
“AI Systems” means artificial intelligence, machine-learning, natural-language processing, automated decision-making, conversational systems, voice systems, content-generation systems, or related technologies used in connection with the Services.
“Applicable Law” means all laws, regulations, rules, orders, industry requirements, platform policies, and governmental requirements applicable to the Client, Hawkeye Asset Management LLC, the Services, or the communications and data processed through the Services.
5. CLIENT ELIGIBILITY AND AUTHORITY
You must have the legal ability to enter into a binding agreement.
If you are accepting these Terms on behalf of a company, partnership, organization, or other entity, you represent that you have authority to do so.
You are responsible for ensuring that the information associated with your account or service engagement remains accurate, current, and complete.
You may not use the Services for unlawful activities or in a manner prohibited by these Terms.
Unless expressly authorized in writing, the Services are not intended for use by individuals under 18 years of age.
6. SERVICE ENGAGEMENTS AND SCOPE
The specific scope of your Services may be described in a proposal, order form, statement of work, subscription, invoice, onboarding documentation, or other written service arrangement with Hawkeye Asset Management LLC.
Hawkeye Asset Management LLC will use commercially reasonable efforts to provide the Services described in the applicable service arrangement.
We may use employees, contractors, technology providers, AI systems, software providers, communication providers, hosting companies, and other third-party service providers to perform portions of the Services.
Unless specifically included in your agreement, Services do not include work, advertising spend, software subscriptions, licenses, third-party fees, hosting, domain registration, photography, video production, professional legal services, or other expenses not expressly identified as included.
Additional work requested by the Client may result in additional charges.
7. ACCOUNTS, CREDENTIALS AND ACCESS
Certain Services may require the Client to establish an account or provide access to third-party accounts.
You are responsible for protecting usernames, passwords, authentication codes, API keys, access tokens, and other credentials associated with your account or business.
You are responsible for activity occurring through credentials you provide to us or through accounts controlled by you unless the activity resulted directly from our unauthorized conduct.
You agree not to provide access credentials to unauthorized individuals.
You authorize Hawkeye Asset Management LLC, through its Hawkeye Digital AI division and authorized service providers, to access accounts and systems only to the extent reasonably necessary to perform the Services you have purchased.
You represent that you have authority to grant such access.
8. FEES, BILLING AND PAYMENT
Hawkeye Digital AI may offer both one-time and recurring Services.
All fees for Hawkeye Digital AI Services are charged by and payable to Hawkeye Asset Management LLC.
Any invoice, billing statement, subscription, payment request, recurring charge, or other financial obligation associated with Hawkeye Digital AI represents an obligation to Hawkeye Asset Management LLC, regardless of whether the Hawkeye Digital AI brand appears on the invoice, payment page, software interface, or other billing material.
Unless otherwise stated in writing, all fees are due according to the payment schedule presented at purchase or in the applicable service agreement.
You agree to provide accurate billing and payment information.
For recurring Services, you authorize Hawkeye Asset Management LLC or its authorized payment processor to charge the payment method you provide according to the agreed billing schedule.
Prices may change for future purchases or renewal periods. Where required by law, we will provide appropriate notice of material recurring-price changes.
Unless otherwise stated, prices are in U.S. dollars.
Applicable taxes, governmental charges, processing fees, third-party fees, or similar amounts may be added where applicable.
If a payment fails, we may attempt to process the payment again and may suspend affected Services until the account is brought current.
9. RECURRING SERVICES AND CANCELLATION
Recurring subscriptions continue until canceled or otherwise terminated under these Terms or the applicable service agreement.
The Client may request cancellation in accordance with the cancellation procedure communicated by Hawkeye Asset Management LLC.
Unless a written service agreement states otherwise, cancellation becomes effective at the end of the current paid billing period.
Canceling a subscription does not automatically create a refund for unused time within the current paid period.
If you have entered into a separate minimum-term agreement, project agreement, or other contractual commitment with Hawkeye Asset Management LLC, that agreement may contain additional cancellation requirements.
10. REFUNDS, CREDITS AND PAYMENT DISPUTES
Refund requests are considered on a case-by-case basis by Hawkeye Asset Management LLC.
Payment for Services already performed, delivered, activated, or made available is not automatically refundable.
Where appropriate, Hawkeye Asset Management LLC may provide a refund, credit, adjustment, or other resolution at its discretion, subject to applicable law and any written service agreement.
You agree to contact us before initiating a payment dispute or chargeback when reasonably possible so that Hawkeye Asset Management LLC has an opportunity to investigate and resolve the issue.
Unauthorized chargebacks or payment reversals may result in suspension or termination of Services and may result in recovery of applicable costs to the extent permitted by law.
11. CLIENT COOPERATION AND RESPONSIBILITIES
Successful delivery of many Services depends on Client participation.
You agree to provide accurate business information, content, approvals, credentials, access, customer data, brand assets, and other materials reasonably required to perform the Services.
You are responsible for reviewing materials supplied for approval and promptly communicating corrections.
Delays caused by missing information, delayed approvals, unavailable credentials, disconnected integrations, inaccurate data, or Client inaction may affect project timelines or results.
You are responsible for the accuracy and legality of information you provide to Hawkeye Asset Management LLC.
12. ARTIFICIAL INTELLIGENCE AND AUTOMATED SYSTEMS
Certain Services use artificial intelligence or automated technology.
AI-generated text, recommendations, responses, images, audio, classifications, summaries, workflows, or other outputs may contain errors, omissions, inaccuracies, unexpected results, or inappropriate information.
AI outputs should not automatically be treated as factual, professional, legal, medical, financial, or other expert advice.
Where Client approval is required, the Client remains responsible for reviewing and approving material before publication or deployment.
Hawkeye Asset Management LLC does not guarantee that an AI system will always understand a question, interpret a customer's intent correctly, produce a particular answer, or behave without error.
13. WEBSITES, SEO, AIO AND SEARCH VISIBILITY SERVICES
Website, SEO, AIO, content, and search-visibility Services are intended to improve a Client's digital presence and discoverability.
Hawkeye Asset Management LLC does not guarantee:
- a specific Google ranking;
- a specific AI or LLM ranking;
- inclusion in search results;
- inclusion in AI-generated answers;
- a specific number of visitors;
- a specific number of leads;
- a specific number of calls;
- a specific number of appointments;
- a specific amount of revenue;
- or any other particular business outcome.
Search engines, AI systems, directories, social networks, and other platforms independently determine how information is indexed, displayed, ranked, summarized, or recommended.
14. REPUTATION, REVIEWS AND CUSTOMER COMMUNICATIONS
Where reputation or review management is included, Hawkeye Digital AI may assist with requesting reviews, monitoring reputation information, generating responses, organizing feedback, or automating related communications.
Hawkeye Asset Management LLC does not control whether an End Customer leaves a review, what rating they provide, what they write, or whether a third-party platform publishes or removes a review.
We do not guarantee positive reviews or ratings.
The Client must not use the Services to create fake reviews, impersonate customers, manipulate feedback, or otherwise violate the policies of a review platform.
15. SMS, EMAIL, VOICE AND MARKETING COMMUNICATIONS
Hawkeye Digital AI may provide systems capable of sending or facilitating:
- SMS or text messages;
- MMS messages;
- email;
- automated email sequences;
- appointment reminders;
- review requests;
- database reactivation campaigns;
- marketing communications;
- AI-assisted conversations;
- AI voice calls;
- automated voice interactions;
- and other electronic communications.
Hawkeye Asset Management LLC provides these capabilities through Hawkeye Digital AI and applicable technology providers.
The Client authorizes Hawkeye Asset Management LLC and applicable service providers to transmit communications on the Client's behalf when those communications are part of the Services.
16. MESSAGING CONSENT AND REGULATORY COMPLIANCE
The Client is responsible for ensuring that every contact uploaded, imported, synchronized, or otherwise made available for communications has been contacted in compliance with applicable law.
The Client must obtain all required permissions, consents, authorizations, and disclosures before using SMS, MMS, email, automated calling, AI voice calling, or similar communication services.
Depending on the communication and recipient, applicable requirements may include the Telephone Consumer Protection Act (“TCPA”), CAN-SPAM Act, applicable state laws, carrier requirements, privacy laws, telemarketing rules, platform requirements, and other applicable regulations.
The Client is responsible for maintaining evidence of consent where required.
The Client must honor opt-outs and requests not to receive communications.
Hawkeye Asset Management LLC may provide technical tools for opt-out management, but technical functionality does not transfer the Client's legal responsibility for compliance.
17. CRM, AUTOMATION AND APPOINTMENT SYSTEMS
CRM, automation, lead-management, and appointment systems may depend upon third-party software and integrations.
The Client authorizes Hawkeye Asset Management LLC to connect applicable systems for the purpose of delivering the Services.
The Client is responsible for providing accurate business rules, appointment availability, service information, staff information, customer information, and other instructions needed for the automation to operate correctly.
The Client must monitor automated systems and promptly notify us of errors or unexpected behavior.
We do not guarantee that every lead will be contacted, every appointment will be booked, every appointment will be attended, or every automated workflow will operate without interruption.
18. CLIENT DATA AND DATA PROCESSING
The Client may provide Hawkeye Asset Management LLC with business information and personal information belonging to the Client's customers, prospects, employees, or other individuals.
The Client represents that it has the right to provide such information to us and authorize its processing for the Services.
We may process Client Data as reasonably necessary to provide, maintain, secure, troubleshoot, improve, or administer the Services and as otherwise permitted by applicable agreements and law.
Where required, the parties may enter into a separate Data Processing Agreement or similar privacy addendum.
19. PRIVACY AND SECURITY
Our handling of personal information is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
The Client should review the Privacy Policy before using the Services.
We use commercially reasonable measures intended to protect information under our control, but no electronic system, transmission, storage system, or internet service can be guaranteed to be completely secure.
The Client acknowledges that certain Services depend upon third-party platforms and communication networks whose security and privacy practices are governed by their own policies.
20. THIRD-PARTY PLATFORMS AND INTEGRATIONS
The Services may connect to or depend upon third-party services, including search engines, social networks, CRMs, payment processors, communication carriers, email platforms, website hosts, AI providers, scheduling systems, advertising platforms, analytics systems, and other technology providers.
Your use of those services is also subject to the third party's terms and policies.
Hawkeye Asset Management LLC does not control third-party platforms and cannot guarantee their continued availability, pricing, functionality, policies, APIs, security, or compatibility.
21. CLIENT CONTENT AND SUBMITTED MATERIALS
The Client retains ownership of Client Content, except for rights expressly granted to Hawkeye Asset Management LLC under these Terms or a separate agreement.
The Client grants Hawkeye Asset Management LLC the permissions reasonably necessary to host, reproduce, modify, transmit, display, process, publish, or otherwise use Client Content solely as necessary to provide the Services.
The Client represents that it owns or has sufficient rights, licenses, releases, and permissions for the materials it provides.
22. INTELLECTUAL PROPERTY AND OWNERSHIP
Hawkeye Asset Management LLC and its licensors retain ownership of the Company's pre-existing technology, software, systems, processes, templates, frameworks, methodologies, automation logic, AI configurations, proprietary materials, documentation, designs, know-how, and other intellectual property.
Purchasing Services through Hawkeye Digital AI does not transfer ownership of Hawkeye Asset Management LLC's underlying technology or proprietary systems.
Client-specific deliverables and ownership rights will be determined by the applicable proposal, statement of work, or service agreement.
The Client may not copy, resell, reverse engineer, reproduce, sublicense, distribute, or commercially exploit Hawkeye Asset Management LLC's proprietary systems or materials without written permission.
23. PUBLICITY, TESTIMONIALS AND CASE STUDIES
Unless otherwise agreed in writing, the Client may be asked for permission to use its business name, logo, publicly available reviews, testimonials, screenshots, or general performance information in Hawkeye Digital AI marketing materials.
Such use may include websites, case studies, presentations, advertisements, social media, sales materials, and educational materials.
Hawkeye Asset Management LLC will not intentionally disclose confidential Client information as part of a public case study without appropriate authorization.
24. ACCEPTABLE USE AND PROHIBITED CONDUCT
You may not use the Services to:
- violate applicable law or regulation;
- infringe another party's intellectual property or privacy rights;
- send unlawful or unauthorized communications;
- transmit malicious software;
- attempt unauthorized access to systems;
- interfere with the operation of the Services;
- reverse engineer proprietary software except where legally permitted;
- impersonate another person or business;
- create fraudulent accounts;
- upload knowingly false or deceptive information;
- harass, threaten, abuse, or intimidate others;
- distribute spam;
- circumvent security measures;
- misuse API credentials;
- interfere with third-party integrations;
- manipulate reviews through deceptive means;
- use AI systems to generate unlawful or fraudulent content;
- use the Services to facilitate illegal activity;
- or use the Services in a manner that could expose Hawkeye Asset Management LLC or its service providers to unreasonable legal, security, or reputational risk.
25. THIRD-PARTY CONTENT AND EXTERNAL SERVICES
The Services may contain links to third-party websites or display information supplied by third parties.
Hawkeye Asset Management LLC does not guarantee the accuracy, completeness, availability, legality, security, or reliability of third-party content.
A link, integration, reference, or connection does not necessarily constitute an endorsement.
26. SERVICE AVAILABILITY, CHANGES AND INTERRUPTIONS
We intend to provide reliable Services, but continuous or uninterrupted availability cannot be guaranteed.
Services may occasionally be unavailable because of maintenance, upgrades, technical failures, internet outages, telecommunications problems, security events, third-party failures, software changes, or circumstances outside our reasonable control.
Hawkeye Asset Management LLC may modify, update, replace, suspend, or discontinue portions of the Services when reasonably necessary.
27. RESULTS, RANKINGS AND PERFORMANCE DISCLAIMER
Digital marketing, SEO, AIO, AI visibility, reputation management, advertising, automation, and lead-generation Services involve variables outside our control.
Accordingly, Hawkeye Asset Management LLC does not promise any particular:
- ranking;
- traffic level;
- search placement;
- AI answer placement;
- review volume;
- review rating;
- lead volume;
- conversion rate;
- appointment volume;
- sales volume;
- revenue;
- return on investment;
- customer acquisition cost;
- or other business result.
Examples, case studies, projections, estimates, testimonials, and previous results are illustrative and do not establish a guarantee of future performance.
28. SUSPENSION AND TERMINATION
Hawkeye Asset Management LLC may suspend or terminate Services when reasonably necessary because of:
- nonpayment;
- material breach of these Terms;
- unlawful use;
- misuse of the Services;
- security concerns;
- abusive behavior;
- unauthorized communications;
- infringement claims;
- fraudulent activity;
- risk to our systems or third parties;
- or legal or regulatory requirements.
Where appropriate and reasonably practical, we may provide notice and an opportunity to cure a violation.
Client cancellation is governed by Section 9 and any applicable service agreement with Hawkeye Asset Management LLC.
29. DATA RETENTION AND POST-TERMINATION RESPONSIBILITIES
Following termination, Client access to certain Services may end.
The Client is responsible for obtaining copies of information it needs before termination when export functionality is available.
Hawkeye Asset Management LLC may retain information for legitimate business purposes, including legal compliance, accounting, dispute resolution, security, backups, fraud prevention, and other lawful purposes.
Data may also remain with third-party providers according to their retention policies.
30. COPYRIGHT AND INTELLECTUAL PROPERTY COMPLAINTS
Hawkeye Asset Management LLC respects intellectual property rights.
If you believe material made available through our Services infringes your copyright or other intellectual property rights, you may contact us using the information provided in these Terms.
A valid notice should identify the allegedly infringing material and provide enough information for us to evaluate the claim.
31. DISCLAIMERS OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Hawkeye Asset Management LLC DISCLAIMS WARRANTIES THAT ARE NOT EXPRESSLY STATED IN A WRITTEN AGREEMENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, OR UNINTERRUPTED OPERATION.
WE DO NOT WARRANT THAT:
- THE SERVICES WILL ALWAYS BE AVAILABLE;
- THE SERVICES WILL BE ERROR-FREE;
- AI OUTPUTS WILL ALWAYS BE ACCURATE;
- THIRD-PARTY SYSTEMS WILL REMAIN AVAILABLE;
- SEARCH OR AI RANKINGS WILL IMPROVE;
- MARKETING COMMUNICATIONS WILL PRODUCE A PARTICULAR RESPONSE;
- EVERY LEAD WILL CONVERT;
- EVERY APPOINTMENT WILL BE BOOKED OR ATTENDED; OR
- THE SERVICES WILL PRODUCE A PARTICULAR BUSINESS RESULT.
Nothing in these Terms excludes a warranty or right that cannot legally be excluded.
32. LIMITS ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Hawkeye Asset Management LLC, Hawkeye Digital AI, AND THEIR RESPECTIVE OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF DATA, OR COSTS OF SUBSTITUTE SERVICES ARISING FROM OR RELATED TO THE SERVICES.
This limitation applies regardless of the legal theory asserted and even if we were advised that such damages might occur.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Hawkeye Asset Management LLC'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICES WILL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY THE CLIENT FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.
Nothing in these Terms is intended to exclude liability that cannot lawfully be excluded or limited.
33. CLIENT INDEMNIFICATION
To the fullest extent permitted by law, the Client agrees to defend, indemnify, and hold harmless Hawkeye Asset Management LLC, Hawkeye Digital AI, and their owners, officers, employees, contractors, agents, affiliates, licensors, and service providers from claims, damages, liabilities, penalties, losses, costs, and reasonable attorneys' fees arising from or related to:
- Client Content;
- Client's use of the Services;
- Client's breach of these Terms;
- Client's violation of law;
- Client's violation of a third party's rights;
- unauthorized communications;
- lack of customer consent;
- misuse of SMS, email, voice, or marketing systems;
- Client-provided customer data;
- Client instructions;
- Client's products or services;
- claims made by End Customers arising from Client conduct;
- or use of third-party accounts or systems controlled by the Client.
34. ELECTRONIC COMMUNICATIONS AND SIGNATURES
By communicating with Hawkeye Asset Management LLC electronically, you consent to electronic communications.
Emails, online forms, electronic contracts, electronic signatures, invoices, notices, approvals, and electronically stored records may satisfy applicable requirements for written communications to the extent permitted by law.
You agree that electronic signatures and electronic acceptance may be used to establish your agreement to these Terms and related service documents.
35. DISPUTE RESOLUTION AND GOVERNING LAW
These Terms and any dispute arising from or relating to these Terms or the Services will be governed by the laws of Tennessee, without regard to its conflict-of-law principles.
Except for an eligible claim brought in small-claims court, any legal action arising from or relating to these Terms or the Services must be brought exclusively in a state or federal court having jurisdiction over Chattanooga, Tennessee, United States. Each party consents to the personal jurisdiction and venue of those courts.
Each party will pay its own attorneys' fees and legal costs unless a court orders otherwise or applicable law requires otherwise.
36. CHANGES TO THESE TERMS
Hawkeye Asset Management LLC may update these Terms from time to time.
When changes are made, we may update the “Last Updated” date and, when appropriate, provide notice through email, the Services, the website, or another reasonable method.
Unless otherwise required by law, continued use of the Services after an updated version becomes effective constitutes acceptance of the revised Terms.
37. GENERAL LEGAL PROVISIONS
Entire Agreement
These Terms, together with applicable service agreements, proposals, order forms, statements of work, Privacy Policy, and incorporated addenda, form the agreement governing the applicable Services.
Severability
If any provision is determined to be invalid or unenforceable, that provision will be modified or severed to the minimum extent necessary while the remaining provisions continue in effect.
No Waiver
Failure to enforce a provision does not constitute a waiver of that provision or any other right.
Assignment
The Client may not transfer its rights or obligations under these Terms without our written consent, except where otherwise required by law.
Hawkeye Asset Management LLC may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or transfer of the applicable business or Services.
Independent Contractors
The parties are independent contractors.
Nothing in these Terms creates a partnership, joint venture, employment relationship, franchise, fiduciary relationship, or agency relationship.
Force Majeure
Hawkeye Asset Management LLC is not responsible for delays or failures caused by circumstances beyond its reasonable control.
Notices
Notices to the Client may be sent to the email address or other contact information associated with the Client's account.
Notices to Hawkeye Asset Management LLC should be sent using the contact information listed in Section 39.
Third-Party Beneficiaries
Except where expressly stated otherwise, these Terms create rights only between Hawkeye Asset Management LLC and the Client.
Interpretation
The terms “including” and “includes” mean “including without limitation.”
38. REFERRAL AND PROMOTIONAL PROGRAMS
Hawkeye Digital AI may introduce referral programs, promotional credits, incentives, or similar programs in the future.
Any such program will be offered by Hawkeye Asset Management LLC through its Hawkeye Digital AI division.
If a referral program is introduced, the applicable program rules will determine eligibility, rewards, timing, qualification requirements, expiration, and other conditions.
No referral reward exists unless Hawkeye Asset Management LLC has expressly established the program and the referral satisfies its published requirements.
39. CONTACT INFORMATION
Questions regarding these Terms, the Services, billing, privacy, or legal notices may be directed to:
Hawkeye Asset Management LLC Hawkeye Digital AI Division
6111 Shallowford Rd Ste 105-D 235 Chattanooga, TN 37421 United States
Phone: 813-981-1378 Email: [email protected] Website: https://hawkeyeassetmanagement.com
For avoidance of doubt, correspondence relating to Hawkeye Digital AI Services is correspondence with Hawkeye Asset Management LLC, the legal entity responsible for the Services and associated contracts and billing.
40. LEGAL AND BUSINESS-SPECIFIC ADDENDA
The following items may be addressed through separate policies or agreements and are incorporated into the Client relationship when applicable:
- Privacy Policy;
- Cookie Policy;
- SMS/Messaging Terms;
- AI Voice and Automated Calling Terms;
- Data Processing Addendum;
- Service Agreement;
- Statement of Work;
- Website Development Agreement;
- SEO/AIO Service Agreement;
- CRM and Automation Agreement;
- Advertising Agreement;
- Referral Program Terms;
- and other service-specific policies or agreements.
Unless expressly stated otherwise, each such agreement is an agreement between Hawkeye Asset Management LLC and the Client, even if the document or service is presented under the Hawkeye Digital AI name.
If a service-specific agreement contains provisions that expressly apply to a particular service and conflict with these general Terms, the service-specific agreement will control for that service to the extent of the conflict.
41. ACKNOWLEDGMENT AND ACCEPTANCE
Our primary business website is:
https://hawkeyeassetmanagement.com
By visiting our website, purchasing or subscribing to our Services, creating an account, signing an agreement or order form, connecting a third-party account, making a payment, or otherwise using our Services, you (“Client,” “you,” or “your”) agree to these Terms with Hawkeye Asset Management LLC.
If you are entering into these Terms on behalf of a business, organization, or other legal entity, you represent that you have the authority to bind that entity to this Agreement.
If you do not agree with these Terms, you may not access or use the Services.
The Client acknowledges and agrees that:
Hawkeye Digital AI is a division of Hawkeye Asset Management LLC and is not a separate legal entity.
All contracts, service agreements, proposals, statements of work, subscriptions, invoices, and billing obligations associated with Hawkeye Digital AI are entered into with and owed to Hawkeye Asset Management LLC.
Use of the Hawkeye Digital AI brand does not create a separate contractual entity or separate legal obligation apart from Hawkeye Asset Management LLC.
Hawkeye Asset Management LLC Hawkeye Digital AI Division