Website Terms of Use and Privacy Notice
ACHIEVE ENVIRONMENTAL LLC
Last Updated: September 26, 2026
PART ONE. GENERAL PROVISIONS
Section 1. Identification and Definitions
This document, referred to as this "Policy" or this "Agreement," is issued by ACHIEVE ENVIRONMENTAL LLC. In this Policy, that entity, together with its affiliates, successors, and assigns, is referred to as the "Company," "we," "us," or "our." These terms identify the legal entity and not any owner, member, manager, officer, employee, or representative individually.
The following terms have the meanings given below wherever they appear in this Policy.
"Site" means the Company's website, any associated subdomains, and all related pages, forms, portals, downloads, digital tools, newsletters, publications, webinars, events, and other online properties or services that display, link to, reference, or expressly incorporate this Policy.
"Content" means all materials made available through the Site, including text, articles, blog posts, newsletters, publications, webinars, presentations, regulatory summaries, analyses, checklists, tools, calculators, templates, graphics, photographs, illustrations, designs, audiovisual materials, software, code, data, databases, compilations, and the selection and arrangement of any of these.
"Marks" means all trademarks, service marks, trade names, logos, and trade dress owned by or licensed to the Company.
"Feedback" means any ideas, suggestions, comments, questions, or other feedback you provide regarding the Site, the Content, or the Company.
"Personal Information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. It does not include information excluded from that definition by Applicable Law, or information that has been lawfully de-identified, anonymized, or aggregated.
"Sensitive Personal Information" means Personal Information that receives heightened protection under Applicable Law, such as government-issued identifiers, financial account credentials, precise geolocation, biometric data, health information, criminal history, and information revealing racial or ethnic origin, religious or philosophical beliefs, political opinions, union membership, or sexual orientation.
"Applicable Law" means the federal, state, local, or foreign laws, regulations, and binding legal requirements that apply to a particular activity, individual, or dispute, including controlling amendments and regulations as they become effective.
"Designated Contact Method" means the contact form or other contact method that the Company makes available on the Site, or otherwise provides in writing, for the purpose described. Every reference in this Policy to a designated mechanism for privacy requests, legal notices, dispute notices, arbitration opt-outs, accessibility assistance, infringement reports, or permission requests refers to the applicable Designated Contact Method.
"Company Parties" means the Company and its owners, members, managers, officers, employees, representatives, agents, contractors, affiliates, successors, assigns, licensors, and service providers.
"Dispute" means any dispute, claim, or controversy arising out of or relating in any way to this Policy, the Site, any Content, Personal Information collected through the Site, or your relationship with the Company through the Site, including any question regarding the existence, validity, scope, formation, enforceability, or interpretation of the agreement to arbitrate in Section 37, but excluding employment-related claims as provided in Sections 2 and 37.6.
"Cookies" means cookies, web beacons, pixels, tags, software development kits, local storage, and similar technologies.
"You" and "your" mean the person accessing or using the Site and, where that person uses the Site on behalf of an organization, that organization.
The words "including" and "includes" mean including without limitation. Words in the singular include the plural, and words in the plural include the singular, where the context reasonably requires.
Section 2. Acceptance and Structure of This Policy
BY ACCESSING, BROWSING, OR USING THE SITE IN ANY MANNER, OR SUBMITTING ANY INFORMATION TO THE COMPANY THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS POLICY AND AGREE TO BE BOUND BY THE WEBSITE TERMS OF USE IN PART THREE, INCLUDING THEIR BINDING ARBITRATION PROVISION, CLASS ACTION WAIVER, JURY TRIAL WAIVER, DISCLAIMERS OF WARRANTIES, RELEASE, INDEMNIFICATION OBLIGATIONS, AND LIMITATIONS OF LIABILITY.
This Policy contains three parts: general provisions, a Privacy Notice, and Website Terms of Use. The Website Terms of Use are a binding agreement between you and the Company. The Privacy Notice is a notice of the Company's practices and, to the fullest extent permitted by law, does not create contractual rights, contractual obligations, or third-party beneficiary rights. Headings are for convenience only and have no legal effect.
Separately signed written agreements govern professional engagements, client relationships, employment relationships, and other transactions within their scope, and control over this Policy to the extent of any conflict regarding those matters.
Employment matters. The Company's employment policies are maintained separately and are not part of this Policy. Use of the Site, including submitting an application through it, does not determine employment status, statutory eligibility, or entitlement to benefits. The provisions of this Policy that apply to website users, including the agreement to arbitrate, the class action waiver, the jury trial waiver, the time limit on claims, the release, the limitation of liability, the indemnification provisions, and the governing law and venue provisions, do not apply to any claim by an employee or applicant arising under an employment law. Any agreement to arbitrate employment claims will exist only in a separate written agreement signed by the employee or applicant and an authorized representative of the Company. Nothing on the Site or in this Policy is an offer, promise, or contract of employment.
Internal policies of the Company are not part of this Policy and do not create contractual or other rights for Site users, applicants, or other third parties.
Section 3. Changes to This Policy
The Company may revise, amend, or replace this Policy, in whole or in part, at any time, in its sole discretion, without prior notice to you, by posting a revised version with a new Last Updated date. Changes become effective immediately upon posting unless a later effective date is stated. It is your responsibility to review this Policy periodically. Your continued access to or use of the Site after any change is posted constitutes your binding acceptance of the revised Policy. Where Applicable Law requires notice or consent for a particular change, the Company will provide notice or obtain consent to the extent so required.
Unless the Company states otherwise, a change to the dispute resolution, arbitration, or waiver provisions of this Policy does not apply to any Dispute of which the Company had actual notice before the change was posted.
Where Applicable Law requires, material changes to how previously collected Personal Information is used will be made in accordance with that law.
PART TWO. PRIVACY NOTICE
Section 4. Scope of This Privacy Notice
This Privacy Notice describes the Company's practices regarding the collection, use, disclosure, retention, and protection of Personal Information about website visitors and inquirers, clients and prospective clients, business contacts, event and webinar registrants, newsletter and publication subscribers, vendors, job applicants who apply through the Site or a Company-designated recruiting channel, and other individuals who interact with the Company in a business or professional capacity.
The categories, sources, purposes, technologies, services, features, and recipients described in this Privacy Notice are intended to cover both current operations and activities the Company may introduce, expand, replace, reconfigure, suspend, or discontinue in the future. Their inclusion does not represent that every described practice is active at any particular time or that the Company has collected every described category from every individual. The Company may change its Site, services, vendors, business processes, and data practices at any time in its discretion, subject to Applicable Law. Before beginning a materially different practice for which Applicable Law requires additional notice, consent, or an opportunity to opt out, the Company will update this Privacy Notice and provide that notice, obtain that consent, or provide that opportunity to the extent required.
Personal Information about the Company's employees, former employees, contractors, and their dependents and beneficiaries is governed by the Company's separate Employee Data Protection Policy and any applicable workforce notice, not by this Privacy Notice. Information provided in connection with a client engagement, or processed on behalf of a client, is also governed by the applicable engagement agreement, and that agreement controls if it conflicts with this Policy.
This Privacy Notice is part of, and subject to, this Policy, including its limitations of liability and its dispute resolution provisions, except as provided in Section 2 for employment matters.
Do not submit Sensitive Personal Information through the Site unless the Company specifically requests it. If the Company becomes aware that such information has been submitted without a proper basis, the Company may delete it.
Job Applicants. The Company is an equal opportunity employer. Submitting an application, participating in an interview, or receiving any communication from the Company does not create an employment relationship or a contract, and the Company has no obligation to hire. An offer of employment is valid only if made in writing by an authorized representative of the Company. By applying, an applicant represents that all information provided is true, accurate, and complete. The Company may modify or withdraw any job posting at any time. Applicants who need a reasonable accommodation in the application process may request one through the Designated Contact Method. It is unlawful in Massachusetts to require or administer a lie detector test as a condition of employment or continued employment. An employer who violates this law shall be subject to criminal penalties and civil liability.
Section 5. Information We Collect
Depending on how you interact with us, we may collect the following categories of information.
Identifiers and contact information, such as name, job title, employer or organization, business and mailing address, email address, telephone number, and similar identifiers.
Professional information, such as industry, role, facility type, the nature of your inquiry, project descriptions, attachments, and other project-related details you choose to provide.
Commercial and transaction information, such as records of services, publications, events, or trainings requested, purchased, or considered, engagement history, and billing and payment information. Payment card information is generally collected and processed directly by third-party payment processors and is not stored by the Company.
Internet and device information, such as IP address, browser type and settings, device type and identifiers, operating system, referring and exit web addresses, pages viewed, links clicked, clicks, scrolling, mouse movements, keystrokes in form fields, session duration, date and time of access, diagnostic events, approximate geolocation derived from IP address, and other interaction data collected through Cookies and similar technologies.
Marketing and communication information, such as subscription and communication preferences, consent records, privacy choices, campaign responses, and whether you open or click on our emails.
Event information, such as newsletter and webinar registration details, attendance, questions submitted, and, where a session is recorded, your name, image, voice, questions, comments, or chat contributions if you participate.
Applicant information, such as contact information, portal credentials, the contents of résumés and cover letters, employment and education history, licenses and certifications, references, work authorization status, answers to application questions, interview notes, and anything else you choose to provide. Where permitted by law and after a conditional offer of employment, we may collect background screening information. Demographic information for equal employment opportunity reporting is voluntary, is kept separate from hiring decisions, and has no effect on your application.
Other information you provide, such as the content of messages, form submissions, survey responses, and correspondence.
Inferences drawn from any of this information to understand your professional interests and preferences.
Information about employees, former employees, contractors, and their dependents and beneficiaries is addressed in the Company's separate employee notices. A visit to the Site alone does not establish that payroll, benefits, medical, or other sensitive employment information has been collected.
Section 6. Sources of Information
We collect Personal Information directly from you, such as when you complete a form, subscribe, register, purchase, apply, or communicate with us; automatically through Cookies, analytics tools, server logs, and similar technologies when you use the Site or open our emails; and from third parties. Those third parties include service providers, advertising and analytics partners, data providers, event and webinar platforms, publication platforms, social media and professional networking platforms, job boards and recruiting services, references, background screening providers acting with your authorization, benefits administrators, clients, business partners, referral sources, authorized representatives, and public sources, including government and regulatory records.
If you provide Personal Information about another person, you represent and warrant that you have the legal authority and any required consent to do so, and that you have informed that person of this Policy.
Section 7. How We Use Information
We may use Personal Information to provide, operate, maintain, secure, personalize, and improve our services, the Site, and its features; to respond to inquiries, evaluate potential engagements, and communicate with you; to provide, manage, and bill for services, publications, trainings, and events; to send newsletters, publications, event invitations, and other marketing communications, subject to your preferences and Applicable Law; to market our services, including through targeted advertising and cross-context behavioral advertising; to make information available to advertising and analytics partners in ways that may constitute a sale or sharing under Applicable Law, as described in Section 9; to evaluate applicants and make hiring decisions; and to conduct analytics, measure performance, and conduct research.
We may also use Personal Information to detect, prevent, and investigate fraud, security incidents, abuse, and unlawful or prohibited activity, including violations of this Policy; to comply with legal, regulatory, tax, accounting, and recordkeeping obligations and respond to lawful requests from public authorities; to establish, exercise, protect, or defend the legal rights, property, and safety of the Company, our clients, or others, including in connection with actual or potential claims or litigation, and to enforce our rights; in connection with any merger, acquisition, financing, reorganization, bankruptcy, or sale of all or part of the business or its assets; and for any other purpose disclosed at the time of collection or to which you consent.
We may create, use, and disclose de-identified or aggregated information for any lawful purpose. To the extent Applicable Law requires, we will maintain such information in de-identified form and will not attempt to re-identify it except as that law permits.
We do not make decisions that produce legal or similarly significant effects about individuals based solely on automated processing unless we provide any notice, choice, or other protection required by Applicable Law.
Section 8. How We Disclose Information
We may disclose Personal Information to the following recipients:
Service providers and contractors that perform services for us, such as website hosting and development, information technology, security, communications, email and newsletter delivery, customer relationship management, scheduling, event and webinar hosting, file storage, payment processing, recruiting, background screening, payroll, benefits, analytics, and professional support.
Advertising and analytics partners, which may collect information about your use of the Site and other sites over time through Cookies.
Professional advisers, such as attorneys, accountants, auditors, insurers, and similar advisers.
Affiliates, business partners, subcontractors, and authorized project participants, where reasonably necessary to respond to your request or perform services.
Legal and regulatory authorities, including government authorities, courts, regulators, law enforcement, and other parties, when we believe in good faith that disclosure is required or permitted by law or legal process, or is appropriate to protect the rights, property, or safety of the Company or others.
Corporate transaction parties, such as actual or prospective acquirers, successors, investors, lenders, and their advisers, in connection with any merger, acquisition, financing, reorganization, bankruptcy, or sale of assets.
Others with your consent or at your direction.
Some recipients may process information for their own purposes under their own terms and notices. We are not responsible for how recipients handle Personal Information when disclosure to them is legally compelled.
Section 9. Sale and Sharing of Personal Information
The Company does not represent that every disclosure described in this Section occurs at all times. As of the Last Updated date, the Company does not sell Personal Information in exchange for money. However, the Company may use Cookies and similar technologies provided by third-party analytics and advertising partners, and making online identifiers, internet and electronic network activity, and inferences available to those partners for analytics, targeted advertising, or cross-context behavioral advertising may be considered a "sale" or "sharing" of Personal Information, or "targeted advertising," under certain state privacy laws, even when no money is exchanged.
The categories of Personal Information that we may sell or share in that manner, or may have sold or shared in the preceding twelve months, are identifiers, internet and electronic network activity information, and inferences drawn from that information. The categories of third parties to whom we may sell or share Personal Information in that manner are advertising networks and platforms, social media platforms, and data analytics providers.
The Company reserves the right to change these practices at any time, including by selling, licensing, renting, or otherwise making Personal Information available to third parties for monetary or other valuable consideration, by sharing additional categories of Personal Information, or by disclosing Personal Information to additional categories of third parties, such as marketing partners, data aggregators, and business partners. Before doing so, the Company will update this Privacy Notice and provide any notice, opt-out, or consent that Applicable Law requires.
As of the Last Updated date, the Company does not sell or share Sensitive Personal Information and does not sell or share Personal Information contained in applicant, employee, or contractor human resources records. The Company does not sell or share the Personal Information of individuals it knows to be under sixteen years of age without any affirmative authorization Applicable Law requires.
Where Applicable Law provides the right, you may opt out of the sale or sharing of your Personal Information and of targeted advertising by using the link titled "Do Not Sell or Share My Personal Information" on the Site, if displayed; by using any cookie preference tool made available on the Site; by enabling a Global Privacy Control signal in your browser; or by using the Designated Contact Method.
Section 10. Cookies, Tracking Technologies, Session Recording, and Communications Monitoring
The Site, our emails, and our third-party providers use Cookies and similar technologies that may store information or transmit it when pages load or when you interact with Site features. Depending on actual configuration, these technologies may be used for the following purposes, and classification depends on actual operation and purpose:
Necessary technologies support requested functions, website hosting, security, fraud and abuse prevention, automated bot detection and CAPTCHA services, and privacy preferences.
Functional technologies remember preferences and support optional settings and convenience features.
Analytics technologies measure visits, navigation, performance, and audience activity.
Advertising technologies support the delivery and measurement of advertising, campaign attribution, and conversions. Some Cookies are placed by third parties, which may recognize your browser or device across different websites and services.
Session replay and similar technologies. The Site may use session replay and similar technologies that record your interactions with the Site, including clicks, keystrokes in form fields, scrolling, mouse movements, and pages visited.
Chat, messaging, form, and webinar features may be provided, monitored, recorded, stored, and analyzed by the Company and its third-party providers, and those providers may use the information for their own purposes as permitted by their terms. Messages voluntarily submitted through Site forms may be retained and reviewed to respond to requests, maintain records, investigate misuse, and administer services.
Email tracking. Our emails may contain tracking pixels or similar technologies that tell us whether an email was opened and which links were clicked. You can limit this by disabling image loading in your email client.
BY USING THE SITE, YOU EXPRESSLY CONSENT TO THESE TECHNOLOGIES AND TO THE INTERCEPTION, RECORDING, COLLECTION, AND USE OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE SITE BY THE COMPANY AND ITS THIRD-PARTY PROVIDERS AS DESCRIBED IN THIS POLICY.
Where the Site presents a consent or preference mechanism, the choices recorded through that mechanism govern the activation of nonessential technologies to the extent required by Applicable Law. A visitor's rejection or withdrawal of consent will not affect processing that lawfully occurred before that choice took effect.
Where Applicable Law requires notice, separate consent, or an opportunity to decline before a particular technology collects information, including non-essential Cookies, session replay, keystroke capture, or the recording of communications, the Company will provide that notice, obtain that consent, or provide that opportunity before collection begins, and will take any other steps Applicable Law requires, such as masking sensitive fields.
This Section does not represent that every described technology is active on the Site at any given time. The Company may add, remove, replace, or reconfigure technologies and providers at any time as the Site and the Company's operations evolve, subject to any notice, consent, or opt-out obligation imposed by Applicable Law.
Managing your choices. You may manage Cookies through your browser settings and through any cookie preference tool made available on the Site. Browser controls may block or delete certain technologies but may not affect every collection method. Disabling Cookies may impair Site functionality. Preferences may be specific to a browser or device unless Applicable Law requires broader treatment, and choices may need to be repeated after you clear storage or change devices. Withdrawal of consent does not affect processing that occurred before withdrawal.
Global Privacy Control. Where Applicable Law requires, we treat a Global Privacy Control or similar recognized browser signal as a valid request to opt out of the sale or sharing of Personal Information, and of targeted advertising, associated with that browser, device, account, or consumer to the extent required by Applicable Law and reasonably identifiable by the Company.
Do Not Track. Because there is no uniform standard for recognizing Do Not Track signals, the Site does not currently respond to them, except that, where required by Applicable Law, we treat a Global Privacy Control or similar recognized signal as a valid opt-out request.
Site monitoring. Subject to Applicable Law, the Company may monitor Site activity for security, operational integrity, and enforcement purposes.
Section 11. Marketing Communications
Where required by law, we will send marketing emails only with your consent. You may unsubscribe from marketing emails at any time by using the unsubscribe link in any marketing email. Even if you opt out, we may continue to send you responses to your requests, transactional or administrative communications, service communications, and legally required notices.
Section 12. Legal Bases for Processing for Individuals Outside the United States
To the extent that data protection laws outside the United States apply, we rely on one or more of the following legal bases, selected according to the actual processing: your consent; performance of a contract with you, or steps taken at your request before entering into a contract; compliance with legal obligations; and our legitimate interests in operating, promoting, protecting, and improving our business, provided those interests are not overridden by your rights. Where we rely on consent, you may withdraw it at any time. Withdrawal does not affect processing that occurred before it.
Section 13. Data Security
We maintain administrative, technical, and physical safeguards designed to protect Personal Information against unauthorized access, use, alteration, disclosure, and loss. NO METHOD OF TRANSMISSION OVER THE INTERNET OR METHOD OF ELECTRONIC STORAGE IS COMPLETELY SECURE. THE COMPANY CANNOT AND DOES NOT GUARANTEE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT OR THAT WE STORE, AND IS NOT RESPONSIBLE FOR THE CIRCUMVENTION OF SECURITY MEASURES OR FOR UNAUTHORIZED ACCESS BY THIRD PARTIES. YOU TRANSMIT INFORMATION AT YOUR OWN RISK.
To the fullest extent permitted by law, the Company shall not be liable for any unauthorized access to or use of information that occurs despite its safeguards, including access or use by third parties through hacking, malware, or other unlawful means. You are responsible for maintaining the security of your own devices, accounts, and credentials. General Site forms should not be used to submit highly sensitive information. Where Applicable Law requires, we will provide notice of security breaches.
Section 14. Data Retention
We retain Personal Information for as long as we deem reasonably necessary to fulfill the purposes for which we collect and use it, including to maintain our business relationship with you; to comply with legal, regulatory, contractual, tax, accounting, insurance, recordkeeping, and reporting obligations; to resolve disputes; to enforce our agreements; to honor litigation holds and other preservation duties; and to establish, exercise, or defend legal claims, including for the duration of any applicable statute of limitations. In determining retention periods, we consider the nature and sensitivity of the information, the purposes for which it was collected, relationship status, operational and security needs, legal requirements, and the potential risk of harm from unauthorized use or disclosure.
When the Company determines that information is no longer needed, it will delete, destroy, or de-identify it in the ordinary course. Information in emails, restricted backups, archives, and disaster-recovery environments may persist longer until it is overwritten, rotated, or deleted in the ordinary course, subject to Applicable Law and preservation obligations. The Company may retain suppression lists and minimum records of privacy choices for as long as reasonably necessary to honor those choices and demonstrate compliance.
Section 15. International Users and Transfers
The Site is operated from the United States and is intended for use by individuals in the United States. If you access the Site from outside the United States, you understand and agree that your information will be transferred to, stored in, and processed in the United States and other countries where the Company and its providers operate, which may have data protection laws different from, and less protective than, those of your jurisdiction. Where Applicable Law requires a transfer mechanism, we rely on appropriate safeguards, such as standard contractual clauses approved by relevant authorities, or other lawful grounds. By using the Site or providing information to us, you consent to such transfers to the extent consent is a valid basis under Applicable Law.
Section 16. Your Privacy Rights
16.1 Rights That May Be Available to You. Depending on where you live, whether a particular law applies to the Company, and applicable exceptions, you may have some or all of the following rights: to confirm whether we process your Personal Information and to know about, access, and obtain a copy of it; to obtain it in a portable, readily usable format; to correct inaccurate Personal Information; to delete Personal Information we have collected from or about you; to opt out of the sale or sharing of Personal Information, targeted advertising, and certain profiling; to limit the use of Sensitive Personal Information; to object to or restrict certain processing, including processing based on legitimate interests or for direct marketing; to withdraw consent, without affecting processing that occurred before withdrawal; to appeal our decision regarding a request; and to lodge a complaint with a regulator with jurisdiction over your place of residence.
16.2 How to Submit a Request. Submit requests through the Designated Contact Method, identifying the right you wish to exercise and the jurisdiction in which you reside. To opt out of the sale or sharing of Personal Information through Cookies, you may also use any cookie preference tool made available on the Site or enable a Global Privacy Control signal. You are not required to create an account solely to exercise a privacy right. Additional request methods will be made available where Applicable Law requires.
16.3 Verification. We will take reasonable steps to verify your identity before responding to a request, which may include matching information you provide with information we maintain, and we may deny any request we cannot verify. Verification will be proportionate to the request and will not impose requirements prohibited by Applicable Law. An authorized agent may submit a request on your behalf if the agent provides your signed written permission or a valid power of attorney and, unless Applicable Law provides otherwise, you verify your own identity directly with us.
16.4 Response Timing. We will respond to verified requests within the time required by Applicable Law and may extend that time as the law permits, in which case we will notify you of the extension and the reason for it before the original response period expires. Requests to opt out of sale or sharing, or to honor an opt-out preference signal, will be implemented within the applicable legal period.
16.5 Limitations. All rights are subject to verification and to the exceptions permitted by Applicable Law. We may retain information as required or permitted by law, including to comply with legal obligations, to detect and prevent security incidents and fraud, to establish, exercise, or defend legal claims, and to maintain records of your requests. Where Applicable Law allows, we may deny requests that are manifestly unfounded, excessive, or repetitive, or charge a reasonable fee for them. Where a request is denied or limited, we will provide any explanation and appeal information required by law.
16.6 Non-Discrimination. We will not unlawfully discriminate or retaliate against you for exercising any privacy right available to you under Applicable Law.
16.7 Appeals. If we deny your request and your jurisdiction provides a right to appeal, you may appeal through the Designated Contact Method using the subject "Privacy Request Appeal." If your appeal is denied, you may contact your state attorney general or data protection authority.
Section 17. Children's Privacy
The Site is intended for business and professional audiences and is not directed to, or intended for use by, anyone under eighteen years of age. We do not knowingly collect Personal Information from anyone under eighteen through the Site. If we learn that we have done so, we may delete it, and will delete it where Applicable Law requires. If you believe a minor has provided us with Personal Information, please notify us through the Designated Contact Method. Any age threshold or parental-consent requirement imposed by Applicable Law will control.
Section 18. California Residents
Applicability. This Section applies only to residents of California, and only if and to the extent the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, and its implementing regulations (collectively, the "CCPA"), or another applicable California privacy law, apply to the Company. Nothing in this Section is an admission that the CCPA applies to the Company. Personal Information of the Company's own California employees, applicants, and contractors is addressed in the Company's separate Employee Data Protection Policy and applicable workforce notices.
Categories of Personal Information Collected. During the twelve months preceding the Last Updated date of this Policy, the Company may have collected the following categories of Personal Information about California residents: identifiers, such as name, business address, email address, telephone number, IP address, and online identifiers; information described in California Civil Code section 1798.80, subdivision (e), such as name, address, telephone number, and billing information; characteristics of protected classifications, where voluntarily provided; commercial information, such as records of services, publications, events, or trainings requested, purchased, or considered; internet or other electronic network activity information, such as browsing activity, pages viewed, and interactions with the Site and our emails; approximate geolocation derived from IP address; audio, electronic, and visual information, such as recordings of webinars or events in which you participate; professional or employment-related information, such as job title, employer, and industry; education information, for applicants; and inferences drawn from this information about your professional interests and preferences.
Sensitive Personal Information. The Company does not seek to collect Sensitive Personal Information through the Site. As of the Last Updated date, to the extent the Company receives Sensitive Personal Information, the Company does not use or disclose it for purposes other than those permitted under California Code of Regulations, title 11, section 7027, subdivision (m), and does not use it to infer characteristics about California residents. If the Company begins any other use or disclosure, it will provide any notice and right to limit that the CCPA requires.
Sources. The Company collects Personal Information from the sources described in Section 6.
Business and Commercial Purposes. The Company collects, uses, and discloses Personal Information for the purposes described in Section 7.
Disclosures for a Business Purpose. During the twelve months preceding the Last Updated date of this Policy, the Company may have disclosed each category of Personal Information listed in this Section for a business purpose to service providers, contractors, professional advisers, affiliates, business partners and subcontractors, legal and regulatory authorities, and parties to corporate transactions.
Sale and Sharing. As of the Last Updated date, the Company does not sell Personal Information in exchange for money. As described in Section 9, the Company may have made identifiers, internet or other electronic network activity information, and inferences available to advertising networks and platforms, social media platforms, and data analytics providers through Cookies, which may constitute a sale or sharing of Personal Information for cross-context behavioral advertising under the CCPA. The Company may change these practices as described in Section 9. The Company does not sell or share the Personal Information of California residents it knows to be under sixteen years of age without the affirmative authorization the CCPA requires. You may opt out as described in Section 9.
Retention. The Company retains each category of Personal Information according to the criteria in Section 14.
Your California Privacy Rights. Subject to the exceptions in the CCPA, California residents may have the right to know the categories and specific pieces of Personal Information the Company has collected about them, the categories of sources, the business or commercial purposes for collecting, selling, or sharing Personal Information, and the categories of third parties to whom the Company discloses Personal Information; the right to request deletion; the right to request correction; the right to obtain information in a portable format; the right to opt out of the sale or sharing of Personal Information; the right to limit certain uses or disclosures of Sensitive Personal Information, where applicable; where applicable, the right to access information about, and opt out of, certain uses of automated decision-making technology; and the right not to receive discriminatory or retaliatory treatment for exercising any of these rights.
Submitting Requests. California residents may submit requests through the Designated Contact Method. The Company will verify your identity before fulfilling a request to know, delete, or correct, but will not require identity verification for a request to opt out of sale or sharing except as permitted by law. Authorized agents may act on your behalf as described in Section 16.3.
Response Timing. Where the CCPA requires, the Company will confirm receipt of a request to know, delete, or correct, or a request to access information about or appeal a decision involving automated decision-making technology, within ten business days and will respond within forty-five calendar days, which may be extended by up to an additional forty-five calendar days after notice of the extension and the reason for it. Requests to opt out of sale or sharing, to limit the use of Sensitive Personal Information, or, where applicable, to opt out of automated decision-making technology will be honored as soon as feasibly possible and no later than fifteen business days after receipt.
Financial Incentives. The Company does not currently offer financial incentive programs involving Personal Information and will not introduce one without the required disclosures, consent, and withdrawal mechanisms.
Shine the Light. California residents may request, once per calendar year, information about any disclosure of their Personal Information to third parties for those third parties' own direct marketing purposes, by submitting a request through the Designated Contact Method.
Updates. Where required, the Company will review and update its California privacy disclosures at least once every twelve months.
Section 19. Third-Party Services
The Site may link to, integrate, or rely on third-party websites, platforms, and services, including hosting, security, analytics, and advertising providers. Some providers may process information for their own purposes under their own notices, and you can learn about and manage their data practices through the settings and opt-out tools those providers make available. The Company is not responsible for the privacy or security practices of those third parties.
Section 20. Changes to This Privacy Notice
We may update this Privacy Notice at any time as described in Section 3. Where Applicable Law requires, material changes to how previously collected Personal Information is used will be made in accordance with that law, including by providing notice or obtaining consent.
Section 21. Privacy Questions and Contact Information
Questions, requests for an accessible alternative format of this Policy, and concerns about this Policy or the Company's privacy practices may be submitted through the Designated Contact Method. The Designated Contact Method is the primary channel for privacy questions and requests, other than opt-outs submitted through a cookie preference tool, Global Privacy Control signal, or another method the Company makes available or Applicable Law requires. Where Applicable Law requires the Company to accept requests through additional methods, the Company will make those methods available.
PART THREE. WEBSITE TERMS OF USE
Section 22. Acceptance of the Website Terms
BY ACCESSING, BROWSING, OR USING THE SITE, SUBMITTING ANY INFORMATION TO THE COMPANY, OR APPLYING FOR EMPLOYMENT THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE WEBSITE TERMS AND AGREE TO BE BOUND BY ALL OF THEM, INCLUDING THE BINDING ARBITRATION PROVISION, CLASS ACTION WAIVER, JURY TRIAL WAIVER, DISCLAIMERS OF WARRANTIES, AND LIMITATIONS OF LIABILITY. IF YOU DO NOT AGREE TO EVERY PROVISION, YOU ARE NOT AUTHORIZED TO USE THE SITE AND MUST IMMEDIATELY STOP ALL USE AND NOT SUBMIT INFORMATION TO THE COMPANY.
The Company may also require affirmative acceptance of these Website Terms, such as by checkbox or click-through, as a condition of using particular features, and any such acceptance confirms your agreement to the entire Policy. You may opt out of arbitration as described in Section 37.6. These Website Terms do not create an employment arbitration agreement or apply Website liability limitations to employment rights, as provided in Section 2.
Section 23. Eligibility and Authority
The Site is intended solely for individuals who are at least eighteen years of age and who possess the legal capacity to enter into binding contracts. By using the Site, you represent and warrant that you meet these requirements. Any use of the Site by a person who does not meet these requirements is unauthorized and in violation of these Website Terms.
If you use the Site on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity, and the word "you" refers to both you individually and that entity, jointly and severally. You may not misrepresent your identity, authority, or affiliation.
Section 24. Changes to the Website Terms
The Company may revise, amend, or replace these Website Terms at any time, in its sole discretion, without prior notice to you, as provided in Section 3. Revised Website Terms become effective immediately upon posting unless a later effective date is stated, and they apply to all access to and use of the Site after that time. Your continued access to or use of the Site after revised Website Terms are posted constitutes your binding acceptance of them. If you do not agree to any revised Website Terms, your sole and exclusive remedy is to stop using the Site. Where Applicable Law requires notice or consent for a particular change, the Company will provide notice or obtain consent to the extent so required. Unless the Company states otherwise, a change to the dispute resolution, arbitration, or waiver provisions of these Website Terms does not apply to any Dispute of which the Company had actual notice before the change was posted.
Section 25. No Professional Advice, No Reliance, and No Client Relationship
25.1 Informational Purposes Only. ALL CONTENT, INCLUDING ARTICLES, POSTS, NEWSLETTERS, PUBLICATIONS, WEBINARS, PRESENTATIONS, REGULATORY SUMMARIES, TOOLS, CALCULATORS, TEMPLATES, AND DOWNLOADS, IS PROVIDED FOR GENERAL INFORMATIONAL, EDUCATIONAL, AND MARKETING PURPOSES ONLY. CONTENT IS NOT, AND SHALL NOT BE CONSTRUED AS, LEGAL, ENGINEERING, ENVIRONMENTAL, REGULATORY, COMPLIANCE, PERMITTING, TECHNICAL, SCIENTIFIC, FINANCIAL, HEALTH, SAFETY, SOFTWARE, SYSTEMS-INTEGRATION, CYBERSECURITY, DATA-MANAGEMENT, AUTOMATION, ARTIFICIAL INTELLIGENCE, OR OTHER PROFESSIONAL ADVICE, AN ENGINEERING OPINION, A COMPLIANCE OR PERMITTING DETERMINATION, OR A HEALTH OR SAFETY ASSESSMENT, AND IS NOT TAILORED TO ANY PARTICULAR PERSON, PROPERTY, FACILITY, PROJECT, OR CIRCUMSTANCE.
Content may summarize complex requirements and omit exceptions, qualifications, procedural requirements, or subsequent developments. The Site is not an emergency service, a regulatory reporting system, or a substitute for contacting the appropriate public authority.
25.2 No Reliance. Environmental, air quality, permitting, and compliance requirements are complex, fact-specific, frequently amended, and subject to interpretation by regulatory agencies and courts. Content may be incomplete, inaccurate, outdated, superseded, or unsuitable for your situation or for a particular purpose. You must not rely on any Content as a substitute for advice from a qualified professional who has reviewed your specific facts, circumstances, facility, operations, and jurisdiction, and you are responsible for obtaining such advice and verifying current requirements before acting. Publication dates and review dates identify a version or review event and do not guarantee continuing accuracy. The Company has no obligation to update any Content, retain historical materials, or notify users of changes. YOU AGREE THAT YOU WILL NOT RELY ON CONTENT, AND THAT ANY ACTION OR INACTION YOU TAKE BASED ON IT IS STRICTLY AT YOUR SOLE RISK.
25.3 No Client Relationship. Your use of the Site; your submission of any inquiry, form, email, or other communication; an initial response, request for information, or preliminary discussion; your attendance at any webinar or event; or your receipt of any newsletter or publication does not create a consultant and client, contractor, consulting, advisory, professional, fiduciary, confidential, or any other special relationship between you and the Company. None of these requires the Company to accept a project, provide services, investigate information, monitor deadlines, protect your interests, preserve an opportunity, reserve personnel, or keep information confidential, and none authorizes reliance on preliminary statements as a professional opinion. Any such relationship arises only through a separate written agreement signed by authorized representatives of both parties, and that agreement alone governs any professional services, deliverables, confidentiality obligations, and allocation of risk within its scope.
25.4 No Guarantee of Outcome. Regulations and interpretations change, and outcomes depend on specific facts. The Company makes no representation, warranty, or guarantee that any permit will be issued, that any regulatory agency will agree with any position or accept any submission, that any compliance obligation will or will not apply, or that any particular result, timing, cost savings, financial result, technical performance, emissions reduction, or operational outcome will be achieved, or that any claim or penalty will be avoided, or that any software, systems integration, workflow automation, or artificial intelligence tool will function as intended, be error-free, secure, or uninterrupted, be compatible with your systems or data, or produce accurate, complete, or reliable outputs. Outputs of any automated or AI-assisted tool must be independently reviewed and verified before use. Outcomes may depend on Applicable Law, agency discretion, site conditions, assumptions, data quality, client decisions, third-party conduct, and other circumstances. Services remain subject to availability, suitability, written engagement terms, and applicable professional authorization requirements.
25.5 Examples and Case Descriptions. Examples, case studies, calculations, models, illustrations, hypothetical scenarios, project descriptions, summaries of past work, and testimonials that appear on the Site are provided for illustration only. They describe particular facts and circumstances, do not establish actual conditions, and do not predict or guarantee that similar results will be achieved in any other matter. Past results do not guarantee future outcomes. Names, details, figures, and other facts may be changed, omitted, simplified, generalized, anonymized, or combined to protect confidentiality. A reference to any client, agency, or other third party does not imply endorsement, sponsorship, or affiliation unless expressly stated.
Section 26. Confidential Information, Submissions, and Forms
26.1 Do Not Send Confidential Information. Communications sent through the Site, including through contact forms and email links, are not secure. Do not submit confidential, proprietary, trade secret, privileged, export-controlled, security-sensitive, financial account, health, or other sensitive information through the Site unless and until a written agreement with the Company expressly addresses confidentiality.
26.2 Submissions and Forms. Forms and other submission features on the Site are provided for convenience. When you submit any information through the Site, you represent and warrant that it is true, accurate, current, and complete; that you have the rights and authority to submit it; and that it does not infringe or violate the rights of any third party or any law. You are solely responsible for everything you submit. Submitting a form or other information does not obligate the Company to review, respond to, store, or act on it, or to provide any service, schedule any meeting, or accept any engagement. The Company may decline any inquiry or request for any reason or for no reason, including for conflict of interest reasons. Forms may be processed, stored, and transmitted by the Company's third-party providers. The Company is not responsible for submissions that are delayed, lost, misdirected, incomplete, or not received for any reason.
26.3 No Confidentiality or Client Relationship. Information you submit through the Site before a signed engagement or other written agreement expressly addressing confidentiality is not confidential, does not create any obligation of confidentiality, exclusivity, or compensation, and does not create a client, consulting, professional, fiduciary, or confidential relationship. Existing contractual and legal duties under a separate signed agreement remain unaffected.
26.4 Treatment of Submitted Information. Any information you submit through the Site is submitted at your sole risk and may be treated as non-confidential. You authorize the Company to receive, store, reproduce, transmit, and use submissions as reasonably necessary to evaluate and respond to them, operate and secure the Site, maintain business records, perform any authorized engagement, comply with law, preserve relevant evidence, and establish, exercise, or defend legal claims. The Company has no obligation to review, return, or protect information you submit, except as required by the Privacy Notice and Applicable Law.
Section 27. Purchases, Registrations, and Fees
Webinars, events, training programs, subscriptions, publications, downloadable materials, and other offerings on the Site may require registration and may be subject to fees. All offerings are subject to availability. A Site description, registration opportunity, or request form does not by itself constitute acceptance of an order or an agreement to provide paid services, and an automated acknowledgment confirms only receipt unless it expressly states that the transaction has been accepted. The Company may accept, refuse, limit, or cancel any registration or order for any lawful reason or for no reason.
Fees are stated at the time of purchase or registration, are payable in advance in United States dollars, and exclude applicable taxes, which you are responsible for paying. You agree to pay all charges you validly authorize. Prices are subject to change without notice before purchase. The Company may correct errors in pricing or descriptions at any time, even after an order is submitted, and may cancel orders affected by those errors, subject to Applicable Law and any required refund. Payments may be processed by third-party payment processors, and your use of their services is governed by their terms and privacy practices. Any recurring charge will be subject to the disclosures, affirmative consent, and cancellation mechanism required by Applicable Law.
EXCEPT AS EXPRESSLY STATED IN WRITING BY THE COMPANY AT THE TIME OF PURCHASE FOR A SPECIFIC OFFERING OR AS REQUIRED BY APPLICABLE LAW, ALL SALES, FEES, AND REGISTRATIONS ARE FINAL AND NON-REFUNDABLE.
The Company may cancel, reschedule, shorten, or modify any webinar, event, or program at any time, including by changing speakers, content, format, or platform. If the Company cancels a paid offering without rescheduling it, your sole and exclusive remedy is a refund of the fees you paid for that offering.
Registrations are personal to the registrant and may not be shared or transferred without the Company's written consent. Webinars and events may be recorded. By participating, you consent to being recorded and to the Company's use of the recording for any lawful purpose, including your name, voice, image, questions, chat contributions, and comments. Where Applicable Law requires additional notice or consent before recording, the Company will provide it. Unless the Company expressly states otherwise in writing, it does not guarantee that any program will qualify for continuing education or professional development credit.
These provisions do not create a fee where none has been disclosed and accepted, and do not modify the compensation terms of a separately signed professional services agreement.
Section 28. Intellectual Property
28.1 Ownership. The Site and all Content, together with all Marks, are owned by or licensed to the Company, or used under lawful authorization, and are protected by United States and international copyright, trademark, trade secret, unfair competition, and other intellectual property laws. All rights not expressly granted in writing are reserved by the Company. The Company does not claim exclusive ownership of underlying facts, public domain materials, or third-party works merely because they appear on the Site.
28.2 Limited License. Subject to your full compliance with this Policy, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Site and to download or print a single copy of Content that is expressly made available for download, solely for your own internal, non-commercial informational use, with all copyright, trademark, and other proprietary notices intact. This license terminates automatically and immediately upon any breach of this Policy or upon notice from the Company. No other right is granted by implication, estoppel, technical accessibility, attribution, public availability, the absence of a paywall, the Company's failure to block access, or otherwise.
28.3 Restrictions. Any use of Content, the Site, or the Marks other than the limited license in Section 28.2 requires the Company's express prior written permission. Without that permission, you may not copy, reproduce, republish, distribute, transmit, display, perform, modify, translate, adapt, create derivative works from, sell, license, sublicense, rent, frame, mirror, scrape, aggregate, commercially exploit, or otherwise use any part of the Site, Content, or Marks; use Content to create a competing publication, database, product, or service; remove or alter copyright notices, attribution, watermarks, or other rights management information; use names, logos, or brand identifiers to imply sponsorship, affiliation, certification, or endorsement; or frame, alter, or present Content in a manner that misrepresents its source or suggests a relationship that does not exist. Permission requests may be submitted through the Designated Contact Method and should identify the material, proposed use, audience, distribution method, duration, and any modifications. Silence does not constitute permission, and permission for one use does not authorize another use or transfer ownership. The Company reserves the right to control automated access through technical measures and separately negotiated permissions.
28.4 Feedback. If you provide any Feedback without a separately signed agreement governing it, you hereby irrevocably assign to the Company all right, title, and interest in and to that Feedback, and the Company may use, disclose, and exploit it for any purpose, commercial or otherwise, without restriction, attribution, or compensation to you. To the extent any such assignment is ineffective, you grant the Company a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, and transferable license to use and exploit the Feedback for any purpose. You waive any moral rights in Feedback to the fullest extent permitted by law, and you represent that Feedback does not contain confidential or third-party proprietary information. This Section does not apply to Personal Information, which is governed by the Privacy Notice. The Company is not required to implement Feedback.
28.5 Infringement Reports. Rights holders may report suspected infringement through the Designated Contact Method. A report should identify the protected material, the challenged location, the basis of the claim, the reporting party's authority, and information sufficient to permit a response, and, where required for a statutory notice, the necessary statements and signature. The Company may investigate, request supporting information, remove material, or take other appropriate action. This procedure does not itself establish a registered statutory agent or eligibility for a statutory safe harbor.
Section 29. Acceptable Use and Prohibited Conduct
Except where expressly authorized in writing by the Company, you agree that you will not, and will not assist, encourage, or permit any other person to:
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use the Site for any unlawful, fraudulent, deceptive, harmful, or unauthorized purpose, or in violation of any Applicable Law, or to facilitate fraud, harassment, or unlawful conduct;
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use any robot, spider, crawler, scraper, script, browser extension, or other automated means, or any coordinated manual process, to access, monitor, copy, scrape, crawl, harvest, extract, index, data-mine, or collect any part of the Site or Content, or copy substantial portions of the Site;
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use any Content or data from the Site to develop, train, fine-tune, test, evaluate, benchmark, or improve any artificial intelligence, machine learning, or large language model, dataset, commercial index, retrieval database, or similar technology;
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systematically retrieve Content to create or compile, directly or indirectly, any collection, database, compilation, or directory;
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access or attempt to access any part of the Site or its systems without authorization, or circumvent, disable, probe, scan, test the vulnerability of, or otherwise interfere with any security, access control, rate limit, or technical protection feature;
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use proxy networks, rotating identities, distributed requests, or other methods to evade access restrictions or rate limits, or continue restricted activity by changing accounts, devices, identities, or network addresses after access has been suspended or limited;
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introduce any virus, malware, worm, trojan horse, ransomware, spyware, or other harmful or disruptive code or material;
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interfere with, disrupt, overload, or impose an unreasonable burden on the Site, its operation, its security, its underlying infrastructure, or other users, including through denial of service attacks;
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decompile, disassemble, reverse engineer, or attempt to derive the source code of any part of the Site, except to the limited extent Applicable Law expressly prohibits this restriction;
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impersonate any person or entity, misrepresent your identity, authority, affiliation, or endorsement, or submit false, misleading, or inaccurate information;
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harvest or collect email addresses or other contact or personal information of any person from the Site;
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use the Site to send unsolicited commercial communications or to advertise or offer to sell any goods or services;
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frame, mirror, or deep link to any part of the Site without the Company's prior written consent;
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use the Site or Content to compete with the Company, including by copying its services, methods, or Content;
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harass, threaten, abuse, defame, or intimidate the Company or any of its owners, members, managers, employees, contractors, or agents;
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submit any material that is unlawful, defamatory, obscene, infringing, malicious, or otherwise objectionable; or
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attempt any of these prohibited acts.
The Company may monitor the Site, investigate suspected misuse, preserve relevant evidence, and disclose relevant information when authorized or required by law. Any violation of these restrictions may result in immediate suspension or termination of your access and may subject you to civil and criminal liability. The Company may seek injunctive relief, damages, recoverable costs, and any other available remedies, and reserves the right to report violations to law enforcement and to cooperate fully with any investigation.
Section 30. Third-Party Links, Content, and Services
The Site may contain links to, or content, tools, or services from, third-party websites, platforms, agencies, and providers, including regulatory agency websites, social media platforms, publication platforms, scheduling tools, video conferencing services, and payment processors. These are provided solely for convenience and are controlled by their respective providers. The Company does not control, endorse, verify, or assume any responsibility for any third-party website, content, product, service, or privacy practice, and does not warrant their accuracy, legality, security, availability, or suitability. A reference or link does not imply approval, affiliation, endorsement, certification, or sponsorship. Your access to and use of any third-party resource is entirely at your own risk and subject to that third party's terms and policies. The Company shall not be liable for any loss or damage arising from your use of, or reliance on, any third-party resource.
Section 31. Website Availability, Modifications, and Accessibility
The Company may change, replace, suspend, restrict, or discontinue the Site or any feature, Content, or service, in whole or in part, at any time, for any reason or no reason, with or without notice, and without liability. The Site may be unavailable from time to time because of maintenance, updates, technical failures, or events beyond the Company's control. The Company has no obligation to maintain, support, or update the Site or to keep any Content or feature available, and does not guarantee that the Site will be available, uninterrupted, timely, secure, error-free, or compatible with every device. The Company is not liable for any interruption, delay, outage, or loss or unavailability of data, Content, or submissions. You are responsible for retaining your own copies of information you need.
Accessibility. The Company seeks to improve Site usability for people with disabilities, using recognized accessibility guidance, including the Web Content Accessibility Guidelines, version 2.2, Level AA, as an evaluation framework. This objective is not a representation that every page, document, or third-party component currently conforms to every criterion. Accessibility concerns and alternative format requests may be submitted through the Designated Contact Method and should identify the relevant page or feature, the barrier, and the assistance requested; a diagnosis or medical information is not required. Requests will be evaluated consistent with Applicable Law, and an alternative means of obtaining information may be offered where appropriate. Third-party components may be outside the Company's direct control, but reported barriers may be evaluated for available alternatives.
Section 32. Suspension and Termination
The Company may, in its sole discretion and without notice or liability, suspend, limit, or terminate your access to all or any part of the Site at any time, for any reason or no reason, including for any actual or suspected breach of this Policy, and may block your IP address, block automated traffic, or take other technical measures. It may also preserve and disclose information to enforce these Website Terms or to comply with law. Upon termination, all licenses granted to you immediately end. The Company's failure to detect or immediately prevent prohibited conduct does not constitute permission, consent, or waiver.
The provisions of this Policy concerning no professional advice, no reliance, and no client relationship; confidential information and submissions; purchases and fees; intellectual property; acceptable use and prohibited conduct; third-party content; disclaimer of warranties; assumption of risk and release; limitation of liability; indemnification; dispute resolution, arbitration, and waivers; governing law and venue; electronic communications and signatures; export and sanctions compliance; jurisdictional limitations; and general terms; the Privacy Notice to the extent applicable; accrued obligations; and every other provision that by its nature should survive, survive any termination of your use of the Site.
Section 33. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, ALL CONTENT, AND ALL MATERIALS, INFORMATION, FEATURES, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED STRICTLY ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTY OF ANY KIND. THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, AVAILABILITY, QUIET ENJOYMENT, SECURITY, AND REGULATORY OR LEGAL COMPLIANCE.
WITHOUT LIMITING THIS DISCLAIMER, THE COMPANY DOES NOT WARRANT THAT THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; THAT ANY CONTENT IS ACCURATE, COMPLETE, CURRENT, OR APPLICABLE TO YOUR CIRCUMSTANCES, OR REFLECTS CURRENT LAW OR REGULATION; THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE SITE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THIS POLICY OR IN A SEPARATELY SIGNED AGREEMENT.
Section 34. Assumption of Risk and Release
YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SITE AND ITS CONTENT. You understand that use of an internet-based resource involves risks, including interruptions, outdated information, incompatibility, unauthorized interference, and errors. You are responsible for evaluating whether the Site is appropriate for your intended use, maintaining suitable device security, and independently verifying information before making consequential decisions.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE AND FOREVER DISCHARGE THE COMPANY PARTIES FROM ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES, AND DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OR MISUSE OF THE SITE OR CONTENT, YOUR RELIANCE ON CONTENT, YOUR UNAUTHORIZED ALTERATION OR USE OF CONTENT, OR THE ACTS OR OMISSIONS OF THIRD PARTIES OR THIRD-PARTY RESOURCES NOT CONTROLLED BY THE COMPANY. This release does not apply to employment claims or to obligations arising under a separately signed professional services agreement.
Section 35. Limitation of Liability
35.1 Exclusion of Indirect and Consequential Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OPPORTUNITY, DATA, OR USE; ANY BUSINESS INTERRUPTION; ANY REGULATORY FINES, PENALTIES, OR ENFORCEMENT COSTS; ANY PERMIT DENIALS OR DELAYS; ANY COMPLIANCE COSTS; OR ANY COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THIS POLICY, THE SITE, OR ANY CONTENT, REGARDLESS OF THE LEGAL THEORY, WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE, AND EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF, OR COULD REASONABLY HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES.
35.2 Cap on Total Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL, CUMULATIVE, AND AGGREGATE LIABILITY OF ALL COMPANY PARTIES FOR ALL CLAIMS OF ANY KIND ARISING OUT OF OR RELATING TO THIS POLICY, THE SITE, OR ANY CONTENT SHALL NOT EXCEED FIFTY UNITED STATES DOLLARS (US $50). THIS LIMIT APPLIES TO ALL CLAIMS COLLECTIVELY AND IS NOT MULTIPLIED BY THE NUMBER OF CLAIMS, CLAIMANTS, EVENTS, OR COMPANY PARTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT.
35.3 Essential Basis of the Bargain. THESE EXCLUSIONS OF DAMAGES AND THIS CAP ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY AND A MATERIAL BASIS ON WHICH THE COMPANY MAKES THE SITE AVAILABLE. THEY APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. WHERE A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THE LIABILITY OF THE COMPANY PARTIES IS LIMITED TO THE MAXIMUM EXTENT THAT JURISDICTION PERMITS.
35.4 Separate Agreements and Employment. These exclusions and this cap do not govern or limit liability under a separate signed written agreement for professional services, which is governed exclusively by its own terms, and do not limit employment rights or liabilities.
Section 36. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Company Parties from and against any and all claims, demands, actions, suits, proceedings, investigations, losses, damages, liabilities, judgments, settlements, fines, penalties, costs, and expenses of every kind, including reasonable attorneys' fees, expert fees, and costs of investigation and litigation, arising out of or relating to your access to, use, or misuse of the Site or Content; your breach or alleged breach of this Policy or any representation or warranty in it; your violation of any law, regulation, or right of any third party, including intellectual property, privacy, and publicity rights; any information or material you submit through the Site; any reliance by you or any person acting through you on any Content; your misrepresentation of identity, affiliation, or authority; or your negligence or willful misconduct.
The Company will provide notice of a claim subject to indemnification within a reasonable time, but any failure to do so reduces your obligations only to the extent you are materially prejudiced. The Company may, at your expense, assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate fully in that defense. You may not settle any matter affecting any Company Party, including any settlement that admits fault by, imposes non-monetary obligations on, or fails to fully release a Company Party, without the Company's prior written consent. This Section does not impose an employment indemnity or apply to an employment claim merely because an employee accesses the Site.
Section 37. Dispute Resolution, Arbitration, and Waivers
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION, WAIVES CLASS ACTIONS AND JURY TRIALS, AND LIMITS HOW AND WHEN YOU CAN SEEK RELIEF. IT AFFECTS YOUR LEGAL RIGHTS.
37.1 Informal Resolution First. Before initiating any arbitration or court proceeding, you must first provide the Company with a written notice of your claim through the Designated Contact Method, including your name and contact information, the nature and basis of the claim, the relevant facts, and the specific relief sought, and must attempt in good faith to resolve the Dispute informally for at least sixty days after the Company receives the notice. Any applicable limitations period is tolled during this informal period. Compliance with this requirement is a condition precedent to commencing any proceeding. This procedure does not replace statutory demands or lawful service of process.
37.2 Agreement to Arbitrate. Except as provided in Section 37.6, any Dispute shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules where those rules apply, and otherwise under its Commercial Arbitration Rules, before a single neutral arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. The arbitrator has exclusive authority to resolve all questions of arbitrability, scope, enforceability, validity, and formation of this agreement to arbitrate, except that a court will decide the enforceability of the class action waiver in Section 37.3. Any in-person hearing will take place in Norfolk County, Massachusetts, unless applicable AAA rules or Applicable Law require another location, and the arbitration may be conducted by document submission, telephone, or videoconference. The arbitrator may award only individual relief available under applicable substantive law. Judgment on the award may be entered in any court of competent jurisdiction. If the AAA is unable or unwilling to administer the arbitration, the parties will agree on a substitute administrator or, failing agreement, a court will appoint one under the Federal Arbitration Act.
37.3 Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND EACH WAIVES ANY RIGHT TO BRING, JOIN, OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person, may not preside over any class, collective, consolidated, or representative proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
37.4 Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS POLICY, THE SITE, OR ANY CONTENT, WHETHER IN ARBITRATION OR IN COURT.
37.5 Mass Filings. If arbitration demands constitute a "Mass Arbitration" under the AAA's then-current Mass Arbitration Supplementary Rules, those Supplementary Rules and the applicable fee schedule shall govern in addition to the otherwise applicable rules. To the fullest extent those rules and Applicable Law permit, the demands shall proceed through efficient batch, staged, bellwether, process-arbitrator, mediation, or other coordinated procedures determined by the administrator or agreed in writing, including administration in batches of no more than twenty-five demands with the remaining demands held in abeyance, while each merits determination remains individual. All applicable limitations periods are tolled for demands held in abeyance. Administrative coordination does not authorize class, collective, consolidated, or representative arbitration without the Company's written consent.
37.6 Exceptions and Opt-Out. The following are excluded from arbitration: (a) individual claims that qualify for and remain in small claims court; (b) actions by the Company in any court of competent jurisdiction for injunctive or other equitable relief to protect its intellectual property, confidential information, or Site, or to prevent any actual or threatened violation of Section 29; (c) requests by either party to a court for temporary relief necessary to preserve rights pending arbitration; and (d) employment-related claims, which are governed by Applicable Law and any separate written agreement. Nothing in this Section prevents communication with a government agency or participation in a government investigation.
You may opt out of this agreement to arbitrate by sending written notice through the Designated Contact Method within thirty days after you first use the Site or first accept these Website Terms. The notice must identify you sufficiently to associate the opt-out with your use or acceptance. Opting out affects only the agreement to arbitrate and does not affect any other provision of this Policy.
37.7 Time Limit on Claims. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS POLICY, THE SITE, OR ANY CONTENT MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES, SUBJECT TO TOLLING DURING THE INFORMAL RESOLUTION PERIOD IN SECTION 37.1. OTHERWISE, IT IS PERMANENTLY BARRED.
37.8 Severability of This Section. If the class action waiver is found unenforceable with respect to any claim or request for relief, that claim or request will be severed from the arbitration, will not be subject to the agreement to arbitrate, and may proceed only in a state or federal court located in the Commonwealth of Massachusetts as provided in Section 38, stayed until all individual claims have been resolved in arbitration. Under no circumstances will any arbitration proceed on a class, collective, consolidated, or representative basis. If any other portion of this Section is found unenforceable, that portion will be severed or limited only to the extent necessary, and the remainder will be enforced to the fullest extent permitted by law.
37.9 Attorneys' Fees and Costs. To the extent permitted by law and the applicable arbitration rules, the prevailing party in any proceeding to enforce this Policy shall be entitled to recover its reasonable attorneys' fees and costs. The Company will pay any arbitration fees that the applicable rules or Applicable Law require it to pay.
Section 38. Governing Law and Venue
This Policy and any Dispute shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and applicable federal law, without regard to conflict of law principles that would require the application of any other law. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply. For any matter not required to be resolved by arbitration, you irrevocably consent to the exclusive jurisdiction of, and venue in, the state courts of competent jurisdiction located in Norfolk County, Massachusetts, and the United States District Court for the District of Massachusetts, and you waive any objection based on lack of personal jurisdiction, improper venue, or inconvenient forum. These provisions do not govern employment disputes merely because an applicant or employee uses the Site.
Section 39. Electronic Communications and Signatures
By using the Site, submitting forms, or communicating with the Company electronically, you consent to receive communications from the Company electronically, and you agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that they be in writing. You agree to the use of electronic signatures, electronic records, and click-through acceptance, which will have the effect provided by Applicable Law when attributable to you, and you waive any right under any law requiring an original or handwritten signature or non-electronic records, to the fullest extent permitted by law. Where a law requires additional consent, disclosures, a paper option, or a particular delivery method, those requirements will be satisfied. Electronic notices do not replace formal service of process unless Applicable Law permits. You should retain copies of agreements and transaction records relevant to your use.
Section 40. Export and Sanctions Compliance
You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive United States sanctions; that you are not identified on any United States government list of prohibited or restricted parties, including the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control of the United States Department of the Treasury; and that you are not owned or controlled by any person so identified. You will not use, access, submit, transfer, export, or re-export the Site, any Content, or any materials through the Site in violation of United States or other applicable export control or sanctions laws. Do not submit export-controlled information through general Site forms. You must not misrepresent your identity, location, end user, or intended use to evade a lawful restriction. The Company may decline or restrict any transaction and may restrict or block access to the Site as it deems necessary to comply with those laws. This Policy does not authorize the export, release, or transfer of controlled technology or establish that any service or item is eligible for export.
Section 41. Jurisdictional Limitations
The Site is controlled and operated from the United States and is intended for audiences located in the United States. The Company makes no representation that the Site or Content is appropriate, lawful, or available for use in any other location. Anyone who accesses the Site from outside the United States does so on their own initiative and is solely responsible for compliance with local laws. Services remain subject to applicable professional authorization requirements. A person's residence, work location, or Site access does not by itself determine which laws apply.
Section 42. General Terms
42.1 Entire Agreement. This Policy, together with any additional terms posted on the Site for specific features or offerings, is the entire agreement between you and the Company regarding the Site and supersedes all prior or contemporaneous understandings, discussions, or representations regarding that subject matter. It does not modify or supersede any separate written agreement signed by the Company, which controls in the event of any conflict as to the matters within its scope.
42.2 Severability. If any provision of this Policy is held invalid, illegal, or unenforceable, it will be enforced to the maximum extent permissible or reformed to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
42.3 No Waiver. No failure or delay by the Company in exercising any right or enforcing any provision, including any failure to detect or immediately prevent prohibited conduct, operates as a waiver of that right or provision or as permission or consent. Any waiver must be express, in writing, and signed by an authorized representative of the Company.
42.4 Assignment. You may not assign, delegate, or transfer this Policy or any rights or obligations under it, by operation of law or otherwise, without the Company's prior written consent, and any attempt to do so is void. The Company may freely assign or transfer this Policy and its rights and obligations without notice, consent, or restriction, including in connection with a reorganization, merger, sale, or transfer of all or part of its business or assets.
42.5 Force Majeure. The Company is not liable for any delay or failure in performance caused by events or circumstances beyond its reasonable control, including acts of God, natural disasters, pandemics, epidemics, public emergencies, government action, war, terrorism, civil unrest or disturbances, labor disputes, utility, telecommunications, or internet failures, cyberattacks, and failures of third-party service providers or external infrastructure. This Section does not modify obligations under a separately signed agreement or excuse any obligation that Applicable Law makes nonwaivable.
42.6 Relationship of the Parties. Nothing in this Policy creates a partnership, joint venture, agency, employment, franchise, or fiduciary relationship between you and the Company. Representatives acting for the Company do so in their representative capacities, and Site communications do not create any personal guarantee or individual contractual undertaking by any owner, member, manager, officer, employee, or representative.
42.7 No Third-Party Beneficiaries. Except for the Company Parties, who are intended third-party beneficiaries of, and may enforce, the provisions of this Policy that protect them, including the disclaimer of warranties, release, limitation of liability, and indemnification provisions, there are no third-party beneficiaries of this Policy.
42.8 Interpretation. Headings are for convenience only and do not affect interpretation or independently create rights, restrictions, representations, or waivers. This Policy shall not be construed against the Company by reason of its having drafted it. You waive any defense based on the electronic form of this Policy or the absence of a physical signature. A provision limited by Applicable Law will be interpreted within its lawful scope.
42.9 Notices. The Company may give you notice by posting on the Site, by email to any address you have provided, by mail to any address you have provided, or by any other reasonable means, and notice is effective when sent or posted. Any notice from you to the Company, including dispute notices and arbitration opt-outs, must be given through the Designated Contact Method and is effective only upon actual receipt by the Company. Service of legal process must be made as required by Applicable Law.
42.10 Nonwaivable Rights. Nothing in this Policy limits or waives any right, remedy, or liability that cannot lawfully be limited or waived under Applicable Law.
