Terms of Service
1. Acceptance of These Terms
These Terms of Service (“Terms”) are a legal agreement between you and Westwind Consulting Group, LLC, an Arizona limited liability company (“Westwind,” “we,” “us,” or “our”). They govern your access to and use of the website at https://westwindcg.com and any related pages, content, and forms (collectively, the “Site”).
By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Site.
2. Relationship to Consulting Services
The Site is an informational marketing website. It is not, by itself, an offer or contract to provide consulting, managed services, or any other professional services. Any engagement to provide services by Westwind is subject to a separate written agreement (such as a Master Services Agreement or Statement of Work) signed by both parties. In the event of any conflict between these Terms and a signed services agreement, the signed services agreement controls with respect to the services.
3. Eligibility
The Site is intended for use by businesses and adults aged 18 and older. By using the Site you represent that you are at least 18 years old and, if accessing on behalf of an organization, that you are authorized to do so on its behalf.
4. Permitted Use
You may use the Site for lawful, informational, and business purposes. You agree not to:
- Use the Site in violation of any applicable law or regulation.
- Attempt to gain unauthorized access to the Site, its servers, or related systems or networks.
- Interfere with, disrupt, or impose an unreasonable load on the Site or its underlying infrastructure.
- Use any robot, scraper, or automated means to access or collect data from the Site, except as permitted by a published robots.txt or with our prior written consent.
- Reverse engineer, decompile, or attempt to extract source code from the Site, except to the extent permitted by applicable law.
- Use the Site to transmit malware, spam, or other harmful or unsolicited content.
- Submit false, misleading, or fraudulent information through any form on the Site.
- Use any Westwind name, logo, or trademark without our prior written permission.
We may suspend or terminate your access to the Site at any time, without notice, if we believe you have violated these Terms.
5. Intellectual Property
Our content
All content on the Site, including text, graphics, logos, our four-step methodology descriptions, page layouts, and underlying code, is owned by Westwind or its licensors and is protected by U.S. and international intellectual property laws. “Westwind,” “Westwind Consulting Group,” and any associated logos are our trademarks.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Site for your personal or internal business use. You may not copy, reproduce, republish, distribute, modify, or create derivative works from any portion of the Site without our prior written permission, except that you may print or save individual pages for your own non-commercial reference.
Feedback
If you send us comments, suggestions, or ideas about the Site or our services (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that Feedback for any purpose, without any obligation to you.
6. Information You Submit
When you submit information to us through the Site, for example, through our contact or discovery-request form, you represent that the information is accurate and that you have the right to share it. We handle that information in accordance with our Privacy Policy.
Do not submit confidential, proprietary, or sensitive personal information through the Site’s forms. The Site’s forms are not a secure channel for confidential information. If we begin a consulting engagement with you, we will agree on appropriate channels and protections for sensitive information at that time.
7. Informational Content
The educational and informational content on the Site is provided for general informational purposes only. It reflects the views of its authors at the time of writing and does not constitute professional advice for your specific situation. Information technology, security, and operational decisions depend on facts that vary by organization.
Do not act or rely on any content on the Site as a substitute for tailored professional advice from a qualified advisor familiar with your environment. Your use of any information on the Site is at your own risk.
8. Third-Party Links and Services
The Site may contain links to third-party websites or services that we do not own or control, such as our founders’ LinkedIn profiles or external articles. We provide these links for convenience only. We are not responsible for the content, accuracy, or practices of any third-party site or service, and your use of them is governed by their own terms and policies.
9. Disclaimers
The Site is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, Westwind disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and quiet enjoyment.
We do not warrant that the Site will be uninterrupted, secure, or error-free; that defects will be corrected; or that the Site or the servers that make it available are free of viruses or other harmful components. We do not warrant the accuracy, completeness, currentness, or reliability of any content on the Site.
10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Westwind, its members, managers, officers, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation lost profits, lost revenue, lost data, business interruption, or loss of goodwill, arising out of or relating to your use of, or inability to use, the Site, even if we have been advised of the possibility of such damages.
Our total cumulative liability arising out of or relating to these Terms or the Site, from all causes of action and under all theories of liability, will not exceed one hundred U.S. dollars (US$100). This limitation applies regardless of whether the claim is based on warranty, contract, tort (including negligence), statute, or any other legal theory.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.
Liability arising out of any signed services agreement between you and Westwind is governed by that agreement, not by this Section 10.
11. Indemnification
You agree to defend, indemnify, and hold harmless Westwind and its members, managers, officers, employees, and agents from and against any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Site; (b) your violation of these Terms; (c) your violation of any law or the rights of a third party; or (d) any content you submit through the Site.
12. Governing Law and Dispute Resolution
These Terms, and any dispute arising out of or relating to them or the Site, are governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
You and Westwind agree that any action or proceeding arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and each party consents to the personal jurisdiction and venue of those courts.
13. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Effective date” above. Material changes will take effect when posted. Your continued use of the Site after changes take effect means you accept the updated Terms. If you do not agree to the updated Terms, you must stop using the Site.
14. Termination
We may suspend or terminate your access to the Site at any time, for any reason, without notice. Sections that by their nature should survive termination, including Sections 5 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 12 (Governing Law and Dispute Resolution), and 15 (Miscellaneous), will survive.
15. Miscellaneous
Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Westwind regarding the Site and supersede any prior agreements regarding the Site. Any separate signed services agreement controls with respect to the services it covers.
Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
No partnership. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Westwind.
Headings. Section headings are for convenience only and have no legal effect.
16. Contact Us
Questions about these Terms can be sent to:
Westwind Consulting Group, LLC
4539 N 22nd Street, Suite N
Phoenix, AZ 85016
Email: legal@westwindcg.com
