Terms of Use

Agreement to these terms

These Terms of Use ("Terms") govern your access to and use of pertinacity.io and the pages, content, forms, gated materials and scheduling tools made available through it (the "Site"), operated by Pertinacity, LLC ("Pertinacity," "we," "us," or "our"), a Delaware limited liability company with its principal place of business at 510 Somerville Avenue, Unit 1, Somerville, MA 02143.

By accessing or using the Site you agree to these Terms. If you do not agree, do not use the Site.

Who may use the Site

The Site is intended for business use by individuals who are at least 18 years old and have the authority to agree to these Terms on their own behalf or on behalf of the organization they represent. It is not directed to consumers or to children.

What the Site is, and what it is not

The Site is an informational and marketing website. It describes our services, publishes commentary and case material, offers materials you can request, and lets you contact us or schedule a conversation.

Nothing on the Site is an offer to provide services, and nothing on the Site creates a client relationship between you and Pertinacity. Submitting a form, downloading a resource, booking a call or corresponding with us does not create one. A client relationship arises only under a written agreement or statement of work signed by both parties.

No professional advice

Content on the Site, including articles published in Notes and any materials you download, is provided for general informational purposes. It is not marketing, technical, legal, regulatory, compliance, financial or other professional advice, and it does not account for your particular circumstances, data, systems or regulatory obligations.

Do not act or refrain from acting on the basis of Site content without obtaining advice appropriate to your situation. Any reliance you place on Site content is at your own risk.

Case studies, results and third-party references

Where the Site describes work performed for clients, including metrics, outcomes and timeframes, those descriptions relate to specific engagements under specific conditions. They are illustrative of past work. They are not a prediction, projection, promise or guarantee of results you or anyone else will achieve, and results vary with market, data, systems, budget, execution and many factors outside our control.

Client names, logos and trademarks appearing on the Site are the property of their respective owners and are used to identify the work described. Their appearance does not imply that those parties endorse Pertinacity or sponsor the Site. Statements attributed to third parties are their own.

Registration and gated materials

Some materials are available only after you complete a registration form or, where we offer one, create an account. You agree to provide accurate and current information and to keep any credentials confidential. You are responsible for activity that occurs under your registration.

Gated materials are licensed to you for your own internal business use. You may not resell them, post them publicly, or distribute them outside your organization without our prior written permission. We may modify, withdraw or revoke access to any gated material at any time.

Intellectual property

The Site and its contents, including text, graphics, images, design, layout, logos, trademarks, downloadable materials, and the selection and arrangement of the foregoing, are owned by Pertinacity or its licensors and are protected by United States and international intellectual property law. "Pertinacity" and our logo are our marks. Nothing in these Terms grants you any right to use them.

Limited license and permitted use

We grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for your own internal business or personal informational purposes.

You may quote brief excerpts of published Site content with attribution to Pertinacity and, where the content is available online, a link to the source page. Any other reproduction, republication, distribution, adaptation, framing or commercial use requires our prior written permission.

Things you agree not to do

You agree not to:

• use the Site in violation of any applicable law or regulation;
• access the Site by automated means, including scraping, crawling or harvesting, except by well-behaved search engine crawlers that honor our robots directives;
• use Site content to train, fine-tune or ground a machine learning model without our prior written permission;
• attempt to gain unauthorized access to the Site, any related systems, or any account or data not intended for you, or probe, scan or test the vulnerability of any of the foregoing;
• interfere with the operation or security of the Site, including by introducing malicious code or imposing an unreasonable load on our infrastructure;
• submit false, misleading or impersonating information, or another person's personal information without their authorization;
• submit protected health information or comparable sensitive personal data through the Site;
• use the Site or any contact channel on it to send unsolicited commercial messages;
• remove, obscure or alter any proprietary notice, or reverse engineer any part of the Site.

Submissions and feedback

Do not send us confidential information through the Site. Information you submit through a form, registration, scheduler or unsolicited email is not treated as confidential and does not create any confidentiality obligation on our part, unless we have a written agreement with you that says otherwise.

If you send us suggestions, ideas or feedback about our services or the Site, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation or compensation to you. You represent that you have the right to provide anything you submit.

Third-party links and services

The Site links to and embeds third-party websites and services, including a scheduling tool. We do not control them and are not responsible for their content, availability, terms or practices. Your use of a third-party service is governed by that provider's own terms and privacy policy. A link is not an endorsement.

Privacy

Our collection and use of information in connection with the Site is described in our Privacy Policy, which is incorporated into these Terms by reference.

Availability and changes to the Site

We may modify, suspend or discontinue the Site or any part of it at any time, with or without notice. We do not guarantee that the Site will be available uninterrupted or error free, and we are not liable if it is unavailable at any time or for any period.

Disclaimer of warranties

THE SITE AND ALL CONTENT ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE IS FREE OF HARMFUL COMPONENTS, OR THAT CONTENT ON THE SITE IS ACCURATE, COMPLETE OR CURRENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PERTINACITY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

Nothing in these Terms limits liability that cannot be limited under applicable law, and these limitations do not apply to liability arising under a separate signed services agreement, which is governed by its own terms.

Indemnification

You agree to indemnify, defend and hold harmless Pertinacity and its members, managers, officers, employees, contractors and agents from and against any claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Site, your violation of these Terms, or your violation of any law or the rights of a third party.

Governing law and venue

These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles. You and Pertinacity agree to the exclusive jurisdiction and venue of the state and federal courts located in Suffolk County, Massachusetts, and waive any objection to that jurisdiction or venue.

Changes to these Terms

We may revise these Terms at any time by posting an updated version with a new effective date. Changes apply prospectively. Your continued use of the Site after the effective date of a revision constitutes acceptance of it. If you do not agree to a revision, stop using the Site.

General

If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our prior written consent; we may assign them freely. These Terms, together with the Privacy Policy, are the entire agreement between you and Pertinacity regarding the Site, and they do not supersede or modify any separate written agreement between us, which controls as to its subject matter.

Contact

Questions about these Terms may be sent to:

Pertinacity, LLC
510 Somerville Avenue, Unit 1, Somerville, MA 02143
info@pertinacity.io