Last Updated: September 18,  2023


Terms of Service

The Product Advisory Collective (PAC) (referred to as "we", "us" or “our Organization" throughout this document) has created these Terms of Use to constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and our Organization.

These Terms of Service apply to anyone who is a:

  • Visitor to our website:  www.productadvisorycollective.com (“Visitor") 

  • Prospective or existing client (“Client”)

  • Prospective or existing members and associates (collectively, referred to as “Members”)

Please review these Terms of Service carefully. 

Acceptance of the Terms of Service

The following terms and conditions, together with any documents they expressly incorporate, including but not limited to the most recent version of our Privacy Policy, incorporated herein by reference (collectively, "Terms of Service"), describe and define your access to and use of our Organization’s:

  • Website (www.productadvisorycollective.com) and its subdomains (collectively, the “Website”), 

  • Digital content including, without limitation, any information, data, documents, documentation, surveys, emails, data, text, images, videos, audio clips, written posts, posted comments, graphics, interactive online content that is created, generated, managed, provided, or made accessible by or on behalf of our Organization, including content stored or contained on our document management systems, social media and other communications channels (collectively, “Digital Content”).

  • Business services and activities, including, but not limited to, online and in-person communications, online surveys, professional advisory and consulting services and professional growth and development opportunities and services for Members. 

Collectively, our Website, Digital Content and our business services and activities are referred to herein as our “Services.”

As a Visitor, Member or Client you confirm that you: 

  1. Read the Terms of Service;

  2. Agree to adhere to and abide by the Terms of Service and, as applicable, any other signed agreements that you enter into with our Organization;

  3. Agree to our eligibility or screening criteria and other terms and conditions, should you become a Client or Member; and

  4. Agree to our collection, use, analysis, display and handling of data and information as described in our Terms of Service and our Privacy Policy. 

If you do not agree to these terms, please refrain from using our Services. 

Contact us with any questions about these Terms of Service at join@productadvisorycollective.com. 


BY ACCESSING, BROWSING, USING OR ENGAGING IN THE SERVICES (INCLUDING SHARING YOUR INFORMATION TO BE ELIGIBLE FOR OR TO ACCESS THE SERVICES), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING THE PRIVACY POLICY, AND TO COMPLY WITH ALL APPLICABLE UNITED STATES LAWS AND REGULATIONS. You agree that the Terms of Service, combined with your act of using our Services, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Service on the grounds that it was electronically transmitted or authorized.

PLEASE BE AWARE THAT THESE TERMS OF SERVICE INCLUDE LIMITATIONS ON THE LIABILITY OF OUR ORGANIZATION AND OUR OBLIGATIONS RELATING TO THE SERVICES, CERTAIN CONDITIONS WITH RESPECT TO JURISDICTION, FILING CLAIMS, AND CERTAIN EXCLUSIONS OF OUR RESPONSIBILITY.

Changes to these Terms of Service and our Services

Our Services and our Terms of Service may change over time. We are continuously updating, evolving and improving our Services to better meet the needs of our Visitors, Clients and Members. Our Organization, in its sole discretion, reserves the right to update, revise, supplement and to otherwise modify these Terms of Service, and to impose new or additional terms and conditions on your use of our Services from time to time. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in these Terms of Service as "Additional Terms") will be effective immediately and incorporated into these Terms of Service upon notice thereof, which may be given by any reasonable means, including by posting to the Website or other Digital Content. Your continued viewing or use of our Services following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.

This document is public on our Website, and we will update it as needed. Please check our Website for updated versions. Should we make substantial or material changes that significantly impact your experience or how you engage in our Services, you will be notified directly. Your continued use of our Services, following any updates to our Terms of Service, confirms your acknowledgement and acceptance of our changes.

Our Services 

Visitor Services

Our Organization creates, circulates and posts Digital Content for Visitors, intending to (i) inform or educate prospective Clients, Members and partners about issues, challenges and priorities in the technology and/or professional services industries and (ii) promote, differentiate and raise awareness about our Services, Member profiles and outcomes from completed Client engagements.

Eligibility and Access

The Services we offer are controlled by our Organization, which is headquartered in the United States of America (the U.S.). Our Website and Digital Content is accessible to and directed at Visitors who are U.S. citizens and at least 13 years of age. To access additional Services, as a Member or Client, you must be:  (a) at least eighteen (18) years old; (b) of legal age to form a binding contract; and (d) not be barred from using our Services under the laws of the United States, your place of residence or any other applicable jurisdiction. By using our Services, you agree that you meet all of the eligibility requirements set forth in our Terms of Service. We may change our eligibility criteria at any time, at our sole discretion.

We make no representation that our Services are appropriate or available for use in other locations and accessing them from territories where our Services would be considered illegal is prohibited. Those who choose to access our Organization’s Services from other locations do so on their own initiative and are responsible for compliance with local laws. Our Services are void where prohibited or restricted by law.  

To the extent allowed by applicable law and as deemed necessary to uphold our Terms of Service, other contractual agreements and legal responsibilities, our Organization reserves the right to identify the location from which any Visitor, Client or Member accesses our Services, collecting or tracking personal information (e.g., zip code or IP address). We reserve the right to block access to our Services if we believe a Visitor, Client or Member is accessing it from a city, county, state or country that prohibits use of our Service. 

Your use of our Services means you represent and warrant that you meet all eligibility and access requirements, including those outlined in these Terms of Service.  

Unless otherwise indicated in our Digital Content, and on the condition that you comply with all of your obligations under these Terms of Service, you are authorized to view, copy, print, and distribute (but not modify) the content on this Website and in other Digital Content; provided that (i) such use is for informational purposes and (ii) any copy of the content that you make must either reference or attribute it to our Organization or include the copyright notice.

We may refuse to grant access to or use of our Services to certain individuals or entities if we determine that they do not satisfy eligibility or screening criteria. We may also change and update our eligibility or screening criteria. We may also suspend or terminate your use of our Services if you engage in fraud or breach of any obligation within our Terms of Service. Such termination or suspension may be immediate and without notice. 

Member Services

Our Organization offers Members opportunities to participate in advisory and consulting engagements and to join professional growth activities, peer support and other offerings that support Members driving towards consulting, career and leadership development goals (collectively, “Member Services”). Details on Member Services and benefits for members are defined in the Membership Agreement.

Member Eligibility

In order to be eligible for our Member Services, you must: (a) meet the eligibility requirements defined on our Website and in our Membership Agreement (b) be at least eighteen (18) years old; (c) of legal age to form a binding contract; and (d) not be barred from using our Services under the laws of the United States, your place of residence or any other applicable jurisdiction. By using our Services, you agree that you meet all of the eligibility requirements set forth in our Terms of Service. We still may refuse to let certain people access or use our Services, and we may change our eligibility criteria at any time, at our sole discretion.

Joining as a Member

After your completed Eligibility Survey has been reviewed and accepted, a Membership Agreement has been signed and a payment has been made, you will be invited to join our online community and communications platform(s), either by creating a profile or associating an existing profile with our Organization. Through communications platform(s) and channels, we will notify you of activities, events, programs and opportunities that you may participate or express interest in.

Member Profiles

As a member, you agree that you will only provide true, accurate, current and complete information on the profile you create or associate with our Organization (“Member Profile”) and within the multi-part Strengths Self-Assessment Survey (“Self-Assessment”), which includes the Eligibility Survey. You agree that you will be responsible for all information, data, images and other content and activities that are shared, posted and circulated under your Profile, whether on our communications and information management platform(s) or on social media, or other channels, where you have a professional or personal account. 

You agree to monitor your Member Profile, not to grant usage access of your Member Profile to anyone,  and make good faith efforts to prevent its use by unauthorized users. You further agree to notify us immediately of any unauthorized use or any other breach of security to your Member Profile or other communications and information management platform(s) you may have access to through our Organization. You agree not to create a Member Profile using a false identity or alias. You further agree that you will not maintain more than one Member Profile at any given time. 

We reserve the right to remove any Member Profiles at any time and for any reason. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR ACCOUNT WHETHER OR NOT SUCH ACCESS TO AND USE OF YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU.

Changes in Member Services

We may offer additional activities or benefits beyond the Member Services described in the Membership Agreement and/or limit or remove certain activities or benefits. Additional terms may be provided when the activities, benefits and overall Member Services expand or contract in scope. We will notify Members and may circulate supplemental terms, if we deem necessary.

Client Advisory Services

Our Organization offers Clients, who are responsible for the design, development and delivery of software products, outcomes-driven advisory and consulting services (“Advisory Services”). Descriptions of our Advisory Services and expected benefits are on our Website and available in other Digital Content.

Client Eligibility

Before receiving, accessing or benefitting from our advisory and consulting services as a Client, we will request and may require that any prospective Client complete a screening survey, also referred to as an “on-boarding survey” or a “prospect survey.”  If Client or engagement proposed by a Client does pass our screening or would behoove us to behave contrary to our established values, principles or standards, we will not engage the Client.

Client Confidentiality

Members who have gained access to and insights on confidential information about a specific Client may be prohibited from advising or consulting a competitor, if it is deemed a competitively sensitive, paid Client engagement. Members may be prohibited from advising or consulting future competitors, as long as the information has significant competitive value.

Changes to Advisory Services

Either party may request changes to the terms of our Advisory Services that are documented in either an Engagement Agreement or Work Agreement. Both parties agree to collaboratively assess how any changes to the scope of work could affect cost, timing or other aspects of the Services. 

Security, Privacy and Reliability

Your use of our Services may be subject to additional terms and conditions, including agreeing to and signing other agreements that protect your intellectual property, confidentiality and legal rights. 

While we strive for quality and reliability, we cannot guarantee that our Website will be completely functional without error or interruption, 24 hours a day, 7 days a week. Our Website host guarantees 99.9% uptime.

As is customary for internet websites, we reserve the right to stop, remove or disable access to our Services if, in our opinion and at our sole discretion, a Member or Client fails to comply with any provisions in these Terms of Service, our Privacy Policy and/or other agreements that are signed and entered into between our Organization and said Member or Client.

We take steps to maintain the security and privacy of your personally identifiable information while using our Services. Our Privacy Policy and, should you become a Member or Client, other signed contractual agreements define how we handle and secure such information. By using our Services, you consent to all actions we take with respect to your information, as described within our Privacy Policy. 

Third Party Sites

Third party websites, applications, software and content are not reviewed or monitored for accuracy, appropriateness, or completeness. Neither our Organization nor its owners, directors, officers, employees, contractors, managers, investors, attorneys, assigned agents, and Members (collectively, “Representatives”) are responsible for any content, accuracy, offensiveness, opinions, reliability, privacy practices posted on, available through or installed from third parties.  

Payments

Client Fees

Our Client Engagement Agreement will provide you with the proposed scope of work and rates for any Client engagement. Each Engagement Agreement is tailored to the priorities, preferences, and needs of the Client. Our Organization sets its advisory and consulting rates at fair market value and takes into consideration a variety of factors when determining these rates. Clients agree to pay all invoices in full and on time. Late fees may be applied, as applicable.


Membership Fees

Our Membership Agreement provides information on our membership fees and associated terms and commitments. Members agree to pay all fees or charges relevant to your membership, in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Late fees may be applied, as applicable.

Payments

Specifics on payment methods are provided in Membership Agreements or Work Agreements entered into with Members and in Engagement Agreements entered into with Clients.

Clients and Members must provide a valid credit card number and associated payment information (“Payment Method”) or pay invoices with another type of payment that’s accepted by our payment processor. 

By providing our Organization with your Payment Method, you agree that our Organization may immediately charge the recurring fees associated with Membership, hereunder and that no additional notice or consent is required, even though our Organization strives to provide timely, advanced notice of upcoming charges, as well as any reimbursements due.

You agree to immediately notify us of any change in your billing address or Payment Method details. We reserve the right at any time to change our fees, prices or billing methods with sufficient advanced notice, as stipulated in the Membership Agreement, provided to you. 

Payment Processor

Our third party service provider for payment and related services (e.g., credit card payments, check payments, invoicing and related services) is Quickbooks. Quickbooks’ Privacy Policy is available at www.intuit.com/privacy, and, if you submit a payment for our Services, Quickbooks’ Terms of Services are located at: https://quickbooks.intuit.com/global/terms-of-service.   

Refunds 

All payments for our Services are final. Refunds and reimbursements will not be issued, unless stipulated within the Membership Agreement, or any subsequent or supplemental agreement that we may enter into with you. If any refunds or reimbursements are requested or due, the circumstances, criteria, timing and refund amount must align with the stipulations in our Membership Agreement and any subsequent or supplemental agreements to it.


Intellectual Property Rights and Acceptable Use Guidelines

Trademarks

Our trademarks, including our Organization name, graphics, logos, service marks and trade names, whether used during, on or in connection with our Services, may not be used without permission, including, but not limited to, in connection with any third-party products or services. 

The use of our name and/or related graphics, logos, service marks and/or trade names in a way that causes confusion and/or misrepresents your affiliation or authority, as it relates to our Organization or our Services, is prohibited. Other trademarks, service marks and trade names that may appear during, on or in the Services are the property of their respective owners. Removing, altering or obscuring any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services is also prohibited.

“Product-Leader Fit™” is a registered trademark of our Organization and may not be used without prior written permission.

Ownership and License

Our Organization or our vendors, partners, subsidiaries, affiliates, or service providers (collectively, “Associated Entities”) own all rights, title and interest in our Services and reserve all rights not granted in these Terms of Service. Our Services are protected by copyright and other intellectual property laws. 

We grant you a limited, non-transferable, non-exclusive, non-transferable, non-sub-licensable, terminable license to use our Website, and no other licenses are granted under any Intellectual Property except as necessary for your use of our Services, consistent with these Terms of Service and, to the extent applicable, any signed Membership Agreement, Client Engagement Agreement, Mutual Confidentiality Agreement, Proprietary Matters Agreement and/or Work Agreement.

Our Digital Content

For purposes of these Terms of Service, Digital Content includes, without limitation, any information, data, documents, documentation, surveys, emails, data, text, images, videos, audio clips, written posts, posted comments, graphics, interactive online content that is created, generated, managed, provided, or made accessible by or on behalf of our Organization (including content that is stored or contained within our document management systems, social media and other communications channels).  

Our Digital Content is solely owned by our Organization and may be protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree not to copy, modify, create derivative works of, publicly display, publicly perform, republish, any of the material contained in our Services, except to the extent expressly permitted herein or in other legal and contractually-binding agreements that you enter into with us.

You agree to use our Services only for lawful purposes and as expressly permitted by our Organization. Our Digital Content may be used for your personal, non-commercial use (unless you are a Member, with express permission to use it for commercial purposes), provided you do not remove any trademark, copyright or other notice contained in such material nor, if you are granted access as a Member, share any confidential or sensitive Digital Content. To use trademarked or copyrighted Digital Content for commercial purposes (e.g., if you are a Member using it for the benefit of your independent consulting practice), our Organization must expressly provide permission.

Limited use of non-confidential, non-sensitive Digital Content is permitted with proper citation of source owner. For example, we encourage sharing or re-posting of (i) public-facing Digital Content that is posted on our social media page (e.g., LinkedIn) when our Organization is properly tagged and/or credited (e.g., @productadvisorycollective) (ii) our marketing messages, summaries of Services and other Digital Content that we may share directly with you for the purpose of describing and promoting our Services. More information on how to use our Digital Content or other Services as a Member are provided in the Membership Agreement. If you have questions, please contact us:  join@productadvisorycollective.com. 


User Content

All Content

Our Organization expects Visitors, Members and Clients to exercise good judgment and respect for the intellectual property rights of all parties and to adhere to the commitments and expectations agreed to in these Terms of Service, any other signed agreements that you may enter into with our Organization and the terms stipulated by any Digital Content platform or channel.

Any Digital Content contributions from Visitors, Clients, Members or third parties to either our Website, our public-facing social media pages, or public-facing communication platforms or channels (collectively “User Content”) are non-confidential and shall become our sole property.

You hereby grant our Organization a worldwide, perpetual, irrevocable, fully transferable, sublicensable, royalty-free, full paid-up, right and license to display, publish, distribute, make derivatives of, and otherwise use any User Content posted, shared or distributed to our Services by you, with the exception of Member Content posted, shared or submitted in private (not mass) emails, on our private communication platform under your personal profile/account, and/or shared during any private or group meeting with our Organization’s Representatives.

User Content may not include defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, nor any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and rights of privacy and publicity). Promotion or advocacy of physical harm, defamation or harassment of another person is not permissible or tolerated. Knowingly providing illegal, false, exploitative or misleading information, or instructional information about illegal activities or violation of another's right to privacy is also not permissible or tolerated. Non-permissible and intolerable User Content will be removed, and violators may be prohibited, banned or suspended from accessing Services, if we determine that it violates our Terms of Service or any other agreements entered into with our Organization.

Member Content

Members are encouraged to add, create, share, upload, submit, distribute, send or post content to our communication platform(s), document management system(s) and social media channel(s) while using our Services. Member content includes any information, data, documents, text, images, videos, audio clips, comments, or other graphics that Members may share with or circulate to other Members via email, social media, video calls, text messages, our Organization’s communication channels (e.g., Slack), our social media platforms, or our Organization's document management systems (collectively “Member Content”). We expect Member Content to be accurate, truthful, complete and up-to-date, to the best of your knowledge and with good faith intentions. 

Client Content

Information and documentation that you may share as a Client with our Organization, before entering into an Engagement Agreement, will be treated with respect and professionalism. We encourage you to request and sign a Mutual Confidentiality Agreement before sharing any proprietary, confidential or sensitive information.

Information and documentation shared after entering into an Engagement Agreement and Mutual Confidentiality Agreement is covered and protected by the terms of those agreements and ensures that confidential and sensitive information provided during any Client engagement is not shared. 

Social Media Misuse

Posts or content on social media that indirectly or directly targets or relates to our Organization or its Representatives, including defamatory, malicious, obscene, intimidating, discriminatory, harassing or threatening comments or hate propaganda or conduct that violates any law or regulation. If our Organization believes that you have breached these Terms of Service, we reserve the right to take further action, including but not limited to: (i) adding, removing, or modifying any content or comments, (ii) blocking further circulation or disruptive contributions from you or other individuals; and (iii) discontinuing use of social media channels.

Prohibitions and Violations

Our Organization prohibits the submission or circulation of falsified, misleading, inaccurate or fraudulent information that could be harmful for our Visitors, Members, Clients or our Organization. Such submissions or circulations violate our Terms of Service. False, fraudulent, misleading, harmful or inaccurate information that you submit, post, share or circulate publicly or privately may result in penalties, legal action, or revocation of access, benefits, status or discounts.

We reserve the right to remove or refuse to post any User Content for any reason at our sole discretion. We may:

  • Take action that we deem necessary or appropriate, at our sole discretion, with respect to User Content, including if we believe that such User Content violates our Terms of Service, infringes upon intellectual property rights, or any other right of any person or entity, threatens the safety or security of Visitors, Clients or Members or could create liability for our Organization.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Services.

  • Terminate or suspend your access to all or part of our Services for any violation of these Terms of Service.

You are prohibited from violating or attempting to violate the security measures of our Services, including, without limitation:

  • Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;

  • Attempting to interfere with the Service for any Visitor, Member, Client;

  • Submitting, copying or downloading any information to our Services that contains viruses, time bombs, trojan horses, worms or other harmful, or disruptive codes or devices;

  • Sending unsolicited e-mail that includes business or self promotions and/or advertising of products or services;

  • Hijacking all or any part of our Organization’s Digital Content, deleting or changing any our Digital Content, deploying pop-up messages or advertising, running or displaying our Digital Content in frames or through similar means on another website, without our specific written permission;

  • Re-posting, sharing, copying or making known in any other way any personal information, comments, stories, issues, or challenges that a Member has shared in confidence;

  • Licensing, selling, renting, lease, transfering, assigning, reproducing, copying, republishing, distributing, hosting or otherwise commercially exploiting our Services or any portion of  our Services;

  • Framing or using framing techniques to enclose our trademark(s), logo(s), or other Services;

  • Modifying, translating, adapting, merging, making derivative works of, disassembling, decompiling, reverse compiling or reverse engineering any aspect of our Services, except to the extent the foregoing restrictions are expressly prohibited by applicable law; 

  • Utilizing manual or automated processes or tools to ‘scrape’ or download data from our Services; 

  • Accessing and gathering information from our Services in order to create or build a similar or competitive products or services; 

  • Removing any copyright notices or other proprietary markings contained on or in Services; 

  • Removing, altering, deactivating, or degrading any of the protections for our Services; 

  • Interfering with or attempting to interrupt the proper operation of the Services.

Our Organization reserves all rights not granted in our Terms of Service. Any unauthorized use of our Services gives us the right to terminate our relationship and prohibit, prevent or restrict further access to our Services.

Intellectual Property Infringement Complaints

If you believe that any User Content, Member Content or Digital Content posted, shared, published or circulated as part of our Services infringes the intellectual property that you own or are licensed to enforce, please send a written notification to our Organization:  join@productadvisorycollective.com. Include the following:

  1. Details on the alleged infringing material; 

  2. Contact information (e.g., address, telephone number, and email address);

  3. A statement that neither you nor your representative authorize the use of the proprietary material;

  4. A statement attesting to the accuracy of the complaint and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


Electronic Communications and Signatures

Electronic communications include visiting our Website, sending us emails, completing online forms or surveys. You consent to receive communications from us electronically and agree that all terms, agreements, notices, disclosures, and other communications that we may provide  you with electronically, whether by email, on our Website or any other type of Digital Content, satisfy any legal requirement that such communications 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. 

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which might require an original signature, or physical delivery or retention of non-electronic records, or the payment or granting of credit by any means other than electronic means.

Indemnification, Disclaimer of Warranties and Limitations of Liability 

You hereby indemnify, defend and hold harmless our Organization and its Representatives, Associated Entities or Related Entities (collectively, the “Indemnified Parties”), from and against any and all liability, damages, costs, claims or other losses (“Losses”) incurred by our Organization or its Indemnified Parties, as a result of your: (a) use of our Services, except as expressly authorized in these Terms of Service or other contractual agreements we enter into with you, (b) infringement of the intellectual property rights of any person or entity, (c) violation of these Terms of Service, (d) provision of any User Content or Member Content that’s shared, posted or submitted by you, or (e) violation of any applicable laws, rules or regulations. 

Our Organization reserves the right, at its sole discretion and at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with our Organization in asserting any available defenses.

If information or data is provided to our Organization, without the full consent or authorization of the individual whose information is provided (e.g., on a Client survey), our Organization is not liable.  

Disputes between or among Members should be resolved by the parties involved. Members are responsible for their interactions and communications between and among each other. Our Organization reserves the right, but has no obligation, to monitor and/or resolve disputes between and among Members. In the event that our Organization or its Representatives do resolve a dispute between or among Members, all decisions are final. 

OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. 

DIGITAL CONTENT PROVIDED OUTSIDE THE CONFIDENTIALITY AND CONFINES OF PAID, CONTRACTUALLY-AGREED-UPON PROFESSIONAL ADVICE OR SERVICES IS NOT INTENDED TO SERVE AS, NOR SHALL BE DEEMED AS BUSINESS, INVESTMENT, LEGAL OR OTHER REGULATED ADVICE, AND YOU SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR USE OF ALL DIGITAL CONTENT AND ACKNOWLEDGE THAT ANY RELIANCE UPON OUR DIGITAL CONTENT IS ENTIRELY AT YOUR SOLE OPTION AND RISK.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR SERVICES IN TERMS OF QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE DO NOT WARRANT THAT ANY PART OF OUR SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT TRANSMISSION TO OR FROM OUR SERVICES AND ACCESS TO OUR SERVICES WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE. 

IN NO EVENT WILL OUR ORGANIZATION OR ANY OF OUR INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, EVEN IF OUR ORGANIZATION HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES, INCLUDING ANY INFORMATION, PRODUCTS, AND MATERIALS AVAILABLE FROM OUR SERVICES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE TOTAL EXTENT OF OUR LIABILITY FOR ANY DAMAGE, INJURY OR LOSS WILL BE THE LESSER OF THE AMOUNT OF ANY DEPOSIT MADE TO OUR ORGANIZATION BY YOU OR $1000.

OUR ORGANIZATION AND ITS CONTRACTORS MAY USE VARIOUS WAYS TO VERIFY THE ACCURACY AND INTENT OF INFORMATION YOU PROVIDE. HOWEVER, WE CANNOT GUARANTEE ERROR-FREE VERIFICATION, AND YOU AGREE THAT OUR ORGANIZATION AND OUR CONTRACTORS WILL HAVE NO LIABILITY TO YOU ARISING FROM ANY FALSE OR INCORRECTLY VERIFIED INFORMATION, ORIGINALLY PROVIDED BY YOU OR OTHERS.

OUR ORGANIZATION IS NOT RESPONSIBLE FOR USER CONTENT, MEMBER CONTENT OR OTHER MATERIAL POSTED, USED, AND/OR PUBLISHED BY VISITORS, CLIENTS, MEMBERS OR OTHER BENEFICIARIES OF OUR SERVICES, AND WE HAVE NO OBLIGATION TO MONITOR, INVESTIGATE, OR CHECK USER CONTENT OR MEMBER CONTENT FOR ACCURACY. WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF OUR SERVICES AND DISCLAIM ANY AND ALL LIABILITY FOR SUCH CONDUCT.

THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS SECTION DO NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

No Authority and Third-Party Beneficiaries 

You hereby acknowledge and agree that you do not have any authority of any kind to bind our Organization in any respect whatsoever. You and our Organization agree there are no third-party beneficiaries intended under these Terms of Service.

Miscellaneous

Waiver and Severability

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service, our Privacy Policy, and any applicable Membership Agreement, Client Agreement, Mutual Confidentiality Agreement, Proprietary Matters Agreement and/or Work Agreement constitute the entire agreement between you and our Organization and govern your use of our Services, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

If any conflict arises, between these Terms of Service and any other terms you enter into with our Organization, via a signed agreement or contract, the latter will supersede and determine control with respect to the issue in conflict. For example, if you are a Member who has signed our Membership Agreement, the terms of that Membership Agreement will control and supersede our Terms of Service, with regards to the specific conflict in question. 

If any term, or aspect of a term, within our Terms of Service is determined not to be legally enforceable or valid, then that term or aspect (i) shall be interpreted to reflect, as nearly as possible, the original intent, unless original intent is not evident via other written terms elsewhere, or it (ii) will be ignored; and in either scenario, in all other aspects, the terms will remain in full force, with full effect.

Governing Law and Venue

By accessing our Services both you and our Organization agree that the laws of the States of Texas, without regard to conflicts of law principles thereof, will apply to all matters arising from or relating to use of our Services, or the information contained herein. You and our Organization also agree and hereby submit to the exclusive personal jurisdiction and venue of the Texas state courts, with respect to such matters, and waive any jurisdictional or venue defenses otherwise available. 

Binding Arbitration

Any dispute, controversy or difference that may arise between our Organization and either a Member or Client, related to use of our Services or these Terms of Service (“Dispute”), shall be submitted to binding arbitration, in accordance with the Consumer Procedures and Rules of the American Arbitration Association applying Delaware law. All Disputes will be arbitrated on an individual basis and there shall be no right or authority for any Dispute to be arbitrated on a class action basis or in any other representative capacity. In addition, Disputes brought to arbitration pursuant to these Terms of Service may not be joined or consolidated in arbitration with Disputes brought by or against any third party, unless agreed to in writing by all parties.

Feedback

We encourage your feedback as well as any questions or concerns regarding our Services or our Terms of Service. 

Any feedback provided will be treated in accordance with the terms in our Privacy Policy. When you provide feedback, you hereby grant us the right and license to use the feedback at our discretion without additional consideration to you. 

Please send feedback and other communications to: join@productadvisorycollective.com.