Terms of Service
Effective Date: April 20, 2025
Introduction
Welcome to The ADaptive Guide ("we," "us," "our"). These Terms of Service ("Terms") govern your access to and use of our website, www.theadaptiveguide.com, and all related services, content, and products (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you may not access or use our Services.
Table of Contents
Acceptance of Terms
Description of Services
User Accounts and Registration
Intellectual Property Rights
User Conduct and Obligations
Payment Terms
Confidentiality
Disclaimer of Warranties
Limitation of Liability
Indemnification
Termination
Governing Law and Dispute Resolution
Changes to Terms
Contact Information
1. Acceptance of Terms
By accessing our website, subscribing to our newsletter, downloading our resources, or engaging our consulting services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Description of Services
The ADaptive Guide provides marketing consulting services primarily for businesses in the Home Services industry. Our Services may include, but are not limited to:
Marketing strategy development and implementation
Leadership coaching and development
Content strategy and creation
Brand development and management
Communication frameworks and systems
Digital marketing consultation
Educational resources and materials
The specific services to be provided will be outlined in separate agreements, proposals, or statements of work between TheADaptiveGuide and the client.
3. User Accounts and Registration
Account Creation
Some portions of our Services may require you to create an account. When you create an account, you agree to:
Provide accurate, current, and complete information
Maintain and promptly update your account information
Keep your account credentials secure and confidential
Accept responsibility for all activities that occur under your account
Account Termination
We reserve the right to suspend or terminate your account at our discretion if we believe you have violated these Terms or for any other reason. You may also request the deletion of your account by contacting us.
4. Intellectual Property Rights
Our Intellectual Property
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof, are owned by The ADaptive Guide, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms do not grant you any right, title, or interest in our Services or our content. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
You may store files that are automatically cached by your web browser for display enhancement purposes
You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution
Your Content
By submitting, posting, or sharing any content on or through our Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through our Services for the purposes of providing and improving our Services.
You represent and warrant that:
You own or have the necessary rights to use and authorize us to use your content
Your content does not infringe or violate the rights of any third party
Your content complies with these Terms and applicable law
5. User Conduct and Obligations
When using our Services, you agree to:
Comply with all applicable laws and regulations
Respect the intellectual property rights of others
Not use our Services for any illegal or unauthorized purpose
Not attempt to gain unauthorized access to any portion of our Services
Not interfere with or disrupt our Services or servers
Not transmit any viruses, malware, or other harmful code
We reserve the right to remove any content that violates these Terms or that we find objectionable for any reason, without prior notice.
6. Payment Terms
Fees and Payment
Fees for our Services will be outlined in separate agreements, proposals, or statements of work. Unless otherwise specified:
All fees are quoted in US dollars
Payment is due according to the terms specified in your agreement
We reserve the right to change our fees with reasonable notice
Refunds
Our refund policy will be outlined in your specific service agreement. Generally, consulting services are non-refundable once rendered.
7. Confidentiality
During our business relationship, we may exchange confidential information. We agree to:
Maintain the confidentiality of all proprietary information
Use such information only for the purpose of providing our Services
Take reasonable measures to protect such information
This confidentiality obligation survives the termination of our business relationship for a period of two years.
8. Disclaimer of Warranties
Our Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:
Implied warranties of merchantability and fitness for a particular purpose
Warranties of non-infringement
Warranties that our Services will meet your requirements or be available uninterrupted, timely, secure, or error-free
We do not guarantee any specific results from the use of our Services.
9. Limitation of Liability
To the fullest extent permitted by law, in no event shall TheADaptiveGuide, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use the Services, including but not limited to:
Direct, indirect, special, incidental, consequential, or punitive damages
Personal injury, pain and suffering, emotional distress
Loss of revenue, profits, business, or anticipated savings
Loss of use, goodwill, or data
This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damages.
10. Indemnification
You agree to indemnify, defend, and hold harmless The ADaptive Guide, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
Your violation of these Terms
Your use of the Services
Your violation of any third-party right
11. Termination
We may terminate or suspend your access to all or part of our Services, without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users of our Services, us, or third parties, or for any other reason.
Either party may terminate a service agreement as specified in the relevant contract documents.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.
Any legal action or proceeding relating to your access to or use of the Services shall be instituted in federal or state courts located in Massachusetts. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts.
Before filing a lawsuit, we agree to attempt to resolve any disputes through good-faith negotiation. Either party may initiate this negotiation process by providing written notice of the dispute to the other party.
13. Changes to Terms
We may revise these Terms from time to time at our sole discretion. All changes are effective immediately when posted, and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. We encourage you to check this page periodically for any changes.
14. Contact Information
Questions or comments about these Terms should be directed to:
The ADaptive Guide LLC
82 Wendell Ave. STE 100, Pittsfield, MA 01201 USA
Email: info@theadaptiveguide.com