TERMS OF SERVICE – Effective Date: September 9, 2021
TransformAction Dynamics, LLC (“TransformAction Dynamics” or “we”) is a management consulting company founded in 2017 and dedicated to serving innovators and leaders driving enterprise level change to shape the future for federal, municipal, and commercial agencies and businesses. For more information about, please see the “Meet Us” section of https://www.transformactiondynamics.com.
These Terms of Service (“Terms”) describe the terms and conditions on which TransformAction Dynamics, LLC offers access to https://www.transformactiondynamics.com and our related branded websites (“Sites”).
Before accessing and using the Services, please read these Terms carefully because they constitute a legal agreement between TransformAction Dynamics, LLC and you.
BY USING THE SERVICES THAT LINK TO OR DISPLAY THESE TERMS, YOU AFFIRM THAT:
✔ YOU HAVE READ AND UNDERSTAND THESE TERMS;
✔ YOU WILL COMPLY WITH THESE TERMS; AND
✔ YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.
If you use the Services as an employee or agent on behalf of an organization, you represent to TransformAction Dynamics, LLC that you have the authority to bind that organization to these Terms.
IMPORTANT NOTE: These Terms contain provisions that limit TransformAction Dynamics, LLC’s liability to you and require you to resolve any dispute with us on an individual basis and not as part of any class or representative action (unless prohibited by law). Please see “DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY” (Section 9) and “GOVERNING LAW; DISPUTE RESOLUTION” (Section 11) below for more information.
SECTION 1. HOW THESE TERMS APPLY
By using the Services or agreeing to another agreement incorporating these Terms, you agree to these Terms. If you do not agree with these Terms, then you are not authorized to use the Services.
Separate written agreements with TransformAction Dynamics, LLC, such as agreements with certain of our advertisers or event sponsors (“Other Agreements”), may apply to your right to use certain Services. If you are subject to any Other Agreement to use the Services, then the Other Agreement, rather than these Terms, will apply to your use of the Services to which the Other Agreement applies. If an Other Agreement and these Terms conflict, then the terms and conditions in the Other Agreement shall prevail with respect to the conflict.
SECTION 2. CHANGES TO TERMS
The Effective Date of these Terms is set forth at the top of this document. As we add new features to the Services, we may modify these Terms. When we modify these Terms, we will update the Effective Date and, when reasonably possible, we also will provide you with advance written notice of our changes. We will not make changes that have a material retroactive on your legal rights effect without notice unless we are required to do so by law or to protect the rights of other users. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of or agreements, notices, or statements of or about the Terms. Unless you agree in writing, any change to the dispute resolution provision will not apply to any dispute for which we have actual notice before the Effective Date of the Terms containing the change.
SECTION 3. PRIVACY
Please review our Privacy Policy to learn about the information that we collect from or about you when you use the Services and how we process it. Please note that we always reserve the right to disclose information as we deem necessary to satisfy applicable law or a government regulator’s request.
SECTION 4. USING THE SERVICES
Subject to these Terms, TransformAction Dynamics, LLC grants you a personal, revocable, non-exclusive, non-transferable, limited right to access and use the Services. TransformAction Dynamics, LLC reserves the right to view, monitor and record activity on the Services to the fullest extent permitted by applicable law and in accordance with our Privacy Policy.
The Services include any information, graphics, artwork, text, photographs, video, audio, trademark, logo, and other content displayed or otherwise contained in the Services. The Services are owned by TransformAction Dynamics, LLC or its licensors and protected under U.S. copyright, and trademark laws.
These Terms grant you only the limited rights described in these Terms. Nothing contained in these Terms grants by implication, estoppel or otherwise, any additional license or right in or to the trademarks, logos or service marks, patents, trade secrets or other intellectual property embodied in the Services.
All use of the Services is limited to your personal or internal business purposes. You acknowledge that no implied licenses are granted under these Terms. TransformAction Dynamics, LLC reserves all rights that are not expressly granted in these Terms.
TransformAction Dynamics, LLC has the discretion to terminate your access to the Services (in addition to any other available remedies) without notice if TransformAction Dynamics, LLC has a reasonable basis to believe that you are using the Services in violation of these Terms.
Certain Services may invite or require you to create an account. By creating an account on any TransformAction Dynamics branded site you are also subject to TransformAction Dynamics’s Privacy Policy. If you create an account, you agree to (a) provide true, accurate, current, and complete information, (b) maintain that information as accurate, current, and complete and (c) protect the confidentiality and security of your account credentials. You are responsible for all activities that occur through your account using your account credentials. If you suspect or detect unauthorized activity through your account, please immediately notify us at info@transformactiondynamics.com.
SECTION 5. YOUR RESPONSIBILITIES.
You are solely responsible for all charges, fees and other costs related to your use of the Services. If you access and use the Services on your smartphone, tablet, or other mobile device, you agree that you are solely responsible for all charges that you incur from your Internet or mobile service provider.
You must use the Services for lawful purposes only.
You must not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks or interfere with any other party’s use and enjoyment of the Services.
You must not attempt to gain unauthorized access to the Services or TransformAction Dynamics, LLC’s computer systems or networks through hacking, password mining or other means.
Without limiting any of the foregoing, you agree that you shall not (and you agree not to encourage or allow any third party to): copy, modify, adapt, translate, reverse engineer, decode or otherwise attempt to derive or gain access to any portion of the Services; remove any copyright, trademark or other proprietary rights notice contained in the Services; use any robot, spider, search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Services; rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or any feature or functionality of the Services to any third party for any reason; reformat or frame any portion of the web pages that are part of the Services; collect personal information through the Services without our express prior written consent; or use the Services to send any unauthorized or unsolicited commercial or promotional content.
SECTION 6. SUBMISSION.
TransformAction Dynamics, LLC may from time to time offer areas in the Services where you and other users can post or otherwise submit suggestions, feedback, ideas, notes, concepts or other information or materials to or through the Services (collectively, “Submissions“).
By posting a Submission, you represent and warrant that: you own or otherwise control all the rights to your Submission, including without implied limitation all copyrights; your Submission is true and accurate; your Submission does not violate the rights of any other person or entity, such as rights of privacy and publicity; and your Submission complies with applicable laws, rules, and regulations.
By sending, posting or transmitting Submissions to TransformAction Dynamics, LLC (or our designees), you grant TransformAction Dynamics, LLC non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual and irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works of, perform and import your Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you.
In other words, TransformAction Dynamics, LLC has the right to use your Submissions — including reproducing, disclosing, publishing, or broadcasting your Submissions — in any medium and for any purpose. Under no circumstances are you entitled to payment if TransformAction Dynamics, LLC uses one of your Submissions. All Submissions are deemed non-confidential and non-proprietary.
You acknowledge and agree that TransformAction Dynamics, LLC has the right (but not the obligation) to alter, remove or refuse to post or allow to be posted any Submission. TransformAction Dynamics, LLC takes no responsibility and assumes no liability for any Submission posted by you or any third party. TransformAction Dynamics, LLC is not responsible for information that you choose to communicate via Submissions.
SECTION 7. TERMS APPLICABLE TO MOBILE APPS
Not applicable. TransformAction Dynamics does not have a mobile application.
SECTION 8. PROMOTIONS
From time to time, we may offer you the opportunity to participate in contests, sweepstakes or other promotions (collectively, “Promotions”). You may not transfer, assign, sell, trade, or barter any benefit that you receive through our Promotions. Unless required by law, any Promotion-related benefit may not be combined with a benefit received in connection with any other Promotion. EXCEPT AS OTHERWISE EXPRESSLY STATED BY TRANSFORMACTION DYNAMICS, LLC, ANY PROMOTIONAL BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM TRANSFORMACTION DYNAMICS, LLC, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials. We may disqualify any individual who tampers with any Promotion or Promotion-related process. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
SECTION 9. LINKS TO OTHER WEBSITES AND SERVICES
The Services may contain links to third-party websites and services, including social media (collectively, “Linked Services”). Linked Services are not under the control of TransformAction Dynamics, LLC and TransformAction Dynamics, LLC is not responsible for Linked Services or for any information on or available from or through Linked Services. You access Linked Services at your own risk. The inclusion of a link does not imply endorsement by TransformAction Dynamics, LLC of the Linked Services or any association with the operators of the Linked Services. TransformAction Dynamics, LLC does not investigate, verify, or monitor the Linked Services. TransformAction Dynamics, LLC provides links to Linked Services for your convenience only. Please check the URL provided in your browser to see if you are on the Services or a third-party domain.
SECTION 10. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
TransformAction Dynamics, LLC warrants that TransformAction Dynamics, LLC has validly entered into these Terms and has the legal power to do so. You warrant that you have validly entered into these Terms and have the legal power to do so.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TransformAction Dynamics, LLC specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. TransformAction Dynamics, LLC does not warrant that (a) the Services will meet your requirements, (b) operation of the Services will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by TransformAction Dynamics, LLC or its authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Your use of the Services is at your own risk.
YOU AGREE THAT TRANSFORMACTION DYNAMICS, LLC IS NOT LIABLE FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF TRANSFORMACTION DYNAMICS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ALSO AGREE THAT TRANSFORMACTION DYNAMICS, LLC IS NOT LIABLE FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.
The disclaimers and limitations in this Section do not purport to limit liability or alter any right that cannot be excluded under applicable law.
TRANSFORMACTION DYNAMICS, LLC’S MAXIMUM LIABILITY FOR DAMAGES ARISING FROM YOUR USE OF THE SERVICES IS LIMITED TO FIVE HUNDRED DOLLARS ($500).
You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that TransformAction Dynamics, LLC would not grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
SECTION 11. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless TransformAction Dynamics, LLC and its managers, members, officers, directors, employees, and agents from and against all claims, liabilities, damages, expenses, costs of defense and reasonable attorneys’ fees brought against TransformAction Dynamics, LLC by any third party arising from your Submissions or use of the Services in violation of these Terms or applicable law. TransformAction Dynamics, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of TransformAction Dynamics, LLC may be made without TransformAction Dynamics, LLC’s prior written approval.
SECTION 12. GOVERNING LAW; DISPUTE RESOLUTION
All matters related to the Services are governed by the laws of the State of Maryland, United States, as such laws apply to agreements made and performed therein (without giving effect to the principles of conflicts of laws).
YOU AND TRANSFORMACTION DYNAMICS, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
Please Note: By agreeing to these Terms, you explicitly agree that any claim or action that you may otherwise have against TransformAction Dynamics, LLC under the laws of any jurisdiction outside the United States is hereby waived, including claims or actions under the laws of your own country. This provision does not, however, apply if you reside in a jurisdiction that permits you to make your claim in a legally competent court of the jurisdiction where you reside or is otherwise prohibited or restricted by applicable law.
SECTION 13. ELECTRONIC CONTRACTING
By using the Services, you agree that you have electronically signed these Terms and you consent to enter into agreements with us electronically.
SECTION 14. GEOGRAPHIC RESTRICTIONS
The Services are controlled, operated, and administered by TransformAction Dynamics, LLC from its offices within the United States and our policies and procedures are based on United States law. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law. TransformAction Dynamics, LLC does not in any manner warrant or represent that the Services, including any content contained thereon, are appropriate or available for use in any location. If you choose to access the Services, you do so on your own initiative and you are responsible for compliance with all applicable laws.
U.S. export control laws may apply to certain Services. You understand and agree that you shall not and shall not permit any third party to, directly or indirectly, export, re-export or release any part of the Services to, or make the Services accessible from, any jurisdiction to which export, re-export or release is prohibited by law.
SECTION 15. TERMINATION
These Terms automatically terminate when you fail to comply with any term or condition of them. TransformAction Dynamics, LLC may terminate the Services or modify your access to the Services, with or without notice to you, at any time for any reason. For example, TransformAction Dynamics, LLC may prohibit your use of the Services if TransformAction Dynamics, LLC believes that you are a minor. Termination will not limit any of TransformAction Dynamics, LLC’ other rights or remedies.
SECTION 16. CLAIMS OF COPYRIGHT INFRINGEMENT
We respond to notices of alleged infringement as required, including by removing or disabling access to material claimed to be the subject of infringing activity. If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated in or through the Services, claim or notice of infringement by email: info@transformactiondynamics.com
SECTION 17. MISCELLANEOUS
These Terms and our Privacy Policy contain the entire understanding by and between TransformAction Dynamics, LLC and you with respect to the Services.
These Terms inure to the benefit of and are binding on our and your successors and assigns, respectively.
TransformAction Dynamics, LLC may assign these Terms to a successor in interest (in whole or in part) but you may not assign the Terms without the prior express written consent of TransformAction Dynamics, LLC.
If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision was not used.
If TransformAction Dynamics, LLC fails or you fail to perform any obligation under these Terms and the other party does not enforce such obligation, the failure to enforce on any occasion will not constitute a waiver of any obligation and will not prevent enforcement on any other occasion.
Nothing contained in these Terms creates a relationship or partnership, joint venture, or agency between TransformAction Dynamics, LLC and you.
If TransformAction Dynamics, LLC is or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such cause.
Headings and captions are for convenience only.
SECTION 18. QUESTIONS AND FEEDBACK
If you have questions or feedback about these Terms, please contact us at info@transformactiondynamics.com