Terms of Service

Welcome to Hoag Law.ai. By accessing or using the Site, You agree to be bound by these Terms and all applicable laws and regulations.

If You do not agree with any of these Terms, You are prohibited from using the Site. The Content on the Site is protected by applicable copyright and trademark law.

The following capitalized terms have the meanings set forth below when used in these Terms:

• "I," "Me," "My" refers to Marc Hoag, doing business as Hoag Law.ai.
• "You," "Your" refers to the individual or entity accessing or using the Site.
• "Site" refers to the website located at hoaglaw.ai.
• "Terms" refers to these Terms of Service.
• "Content" refers to all text, graphics, logos, images, software, and other materials available on the Site.

You must be at least 18 years of age to use the Site. By using the Site, You represent and warrant that You are at least 18 years old and have the legal capacity to enter into these Terms.

If You are using the Site on behalf of a company or other legal entity, You represent that You have the authority to bind that entity to these Terms.

All Content on the Site is the property of Hoag Law.ai or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

The Hoag Law.ai name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Marc Hoag. You may not use such marks without My prior written permission.

You may reference Content from the Site for non-commercial purposes with proper attribution, but You may not republish, distribute, or exploit any Content for commercial purposes without My express written consent.

No Relationship Created

The Content on the Site and any communication through the contact form is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.

When a Relationship Is Formed

An attorney-client relationship is only established when:

• You and I have both signed a written engagement letter
• I have confirmed in writing that I am representing You
• You have agreed to the terms of engagement and fee arrangement

No Confidentiality (Until Engagement)

Communications sent via the contact form or email are not confidential or privileged until an attorney-client relationship is formally established. Do not send confidential or sensitive information through the Site without a signed engagement letter.

AI Platforms and Privilege Waiver

If You share privileged or confidential attorney-client communications with a public, consumer-grade AI platform (including but not limited to ChatGPT, Claude, Grok, Gemini, Perplexity, or similar services), You may permanently waive attorney-client privilege over those communications.

In United States v. Heppner (S.D.N.Y. 2026), the first court to address this issue, a federal judge held that communications shared with a public AI platform are not protected by attorney-client privilege or the work product doctrine, because such platforms' terms of service may permit data review, model training, or third-party disclosure. While this ruling is not binding in California, it signals an emerging legal consensus that public AI platforms lack the confidentiality safeguards necessary to preserve privilege. This reasoning applies even to paid consumer accounts that lack enterprise-grade confidentiality protections.

Accordingly, You should never input any of the following into a public AI platform:

• Legal advice, memos, or correspondence from Your attorney
• Confidential facts or documents related to Your legal matters
• Draft contracts, settlement discussions, or litigation strategy
• Any communication You intend to remain privileged

If You need to use AI tools in connection with a legal matter, consult with Me first. I can advise on enterprise-grade platforms that offer appropriate confidentiality protections.

The information provided on the Site is for general informational purposes only and should not be construed as legal advice. Every legal situation is unique, and the Content may not apply to Your specific circumstances.

Do not rely on the Site as a substitute for professional legal advice. If You need legal advice, please contact Me directly to discuss Your specific situation.

Permission is granted to temporarily access the Content on the Site for personal, non-commercial 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 Content
• Use the Content for any commercial purpose
• Attempt to reverse engineer any software contained on the Site
• Remove any copyright or proprietary notations from the Content
• Transfer the Content to another person or "mirror" the Content on any other server

This license shall automatically terminate if You violate any of these restrictions and may be terminated by Me at any time.

You agree not to engage in any of the following prohibited activities:

• Using the Site for any unlawful purpose or in violation of any applicable laws
• Attempting to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks
• Using any automated system, including bots, scrapers, or spiders, to access or collect data from the Site without My express written permission
• Transmitting any viruses, malware, or other harmful code
• Engaging in any activity that disrupts, damages, or interferes with the Site's functionality
• Impersonating any person or entity, or falsely stating or misrepresenting Your affiliation with a person or entity
• Harassing, threatening, or intimidating any other users or Me
• Sending unsolicited communications, spam, or promotional materials
• Attempting to circumvent any security features of the Site

Violation of these prohibitions may result in termination of Your access to the Site and may subject You to civil and/or criminal liability.

To the maximum extent permitted by applicable law, the Content on the Site is provided "as is" and "as available" without warranties of any kind, either express or implied. I expressly disclaim all warranties, including but not limited to:

• Implied warranties or conditions of merchantability
• Fitness for a particular purpose
• Non-infringement of intellectual property or other violation of rights
• Accuracy, completeness, or reliability of any Content or results
• Uninterrupted, timely, or error-free operation of the Site
• Compatibility with any particular device or software

I do not warrant that the Site will meet Your requirements, that defects will be corrected, or that the Site or its server are free of viruses or other harmful components.

The Content on the Site does not constitute legal advice and should not be relied upon as such. No attorney-client relationship is formed by Your use of the Site.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You. In such jurisdictions, liability is limited to the greatest extent permitted by law.

To the maximum extent permitted by applicable law, I shall not be liable for any damages whatsoever arising from or related to Your use of or inability to use the Site, including but not limited to:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of data, loss of profits, goodwill, or business interruption
• Damages resulting from reliance on any Content for any purpose
• Site downtime or unavailability
• Damage to Your device or other software

You expressly acknowledge that use of the Site is at Your sole risk.

The limitations in this section apply regardless of the legal theory on which the claim is based, including contract, tort (including negligence), strict liability, or any other basis, even if I have been advised of the possibility of such damages.

Nothing in these Terms shall exclude or limit liability for (a) death or personal injury caused by negligence, (b) fraud or fraudulent misrepresentation, or (c) any liability that cannot be excluded or limited under applicable law.

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages. In such jurisdictions, liability is limited to the minimum extent permitted by law.

In no event shall total aggregate liability exceed the greater of $100 or the amount You paid, if any, in the 12 months preceding the event giving rise to the claim.

The Site may contain links to third-party websites or services (including social media platforms) that are not owned or controlled by Me.

I have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that I shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of any such content, goods, or services available on or through any such websites or services.

I reserve the right to modify these Terms at any time. If I make material changes, I will update the "Last Updated" date at the top of this page and, where practical, provide notice by posting a prominent announcement on the Site at least 30 days before the changes take effect.

Your continued use of the Site after the effective date of any changes constitutes Your acceptance of the modified Terms. If You do not agree to the modified Terms, You must stop using the Site.

These terms and conditions are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Agreement to Arbitrate

Please read this section carefully. It affects Your legal rights. You and I agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Site shall be resolved by binding arbitration, rather than in court, except that either party may seek equitable relief in court for infringement or misuse of intellectual property rights.

Arbitration Rules

Arbitration shall be conducted by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration shall take place in Marin County, California, or at another mutually agreed location. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver

You agree that any arbitration or proceeding shall be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, You waive any right to a jury trial.

Exceptions

Notwithstanding the above, disputes arising from or related to any attorney-client engagement are governed by the terms of that engagement and applicable rules of professional conduct, not this arbitration provision.

The Site constitutes attorney advertising. Prior results do not guarantee a similar outcome.

I am licensed to practice law in California. The Site is not intended to solicit clients in jurisdictions where I am not licensed or authorized to practice.

The Site uses a live chat widget powered by Crisp, a third-party service, to facilitate real-time human communication with Me. The chat is not AI-powered; all responses come directly from Me (Marc Hoag). The Site does not use AI chatbots or automated decision-making tools. If AI-powered features are deployed in the future, I will disclose their use here and comply with all applicable AI transparency obligations under laws such as the EU AI Act. For information about AI use in My legal practice, see the Privacy Policy.

You agree to indemnify, defend, and hold harmless Marc Hoag and Hoag Law.ai from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

• Your use of the Site
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Any content You submit or transmit through the Site

This indemnification obligation will survive the termination of these Terms and Your use of the Site.

I will not be liable for any failure or delay in performance resulting from causes beyond My reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, government action, labor disputes, power failures, internet or telecommunications failures, or cyberattacks.

Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between You and Me regarding the Site and supersede all prior agreements, understandings, and communications, whether written or oral.

Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver

No waiver of any provision of these Terms shall constitute a further or continuing waiver of that provision or any other provision. My failure to assert any right or provision shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer Your rights or obligations under these Terms without My prior written consent. I may assign My rights and obligations under these Terms without restriction or notice.