Terms of Service

Agreement between User and www.chaddperry.com‍

Welcome to www.chaddperry.com (the “Website”), a consulting services site. This Website is comprised of various web pages operated by Chad D. Perry Consulting, LLC. The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Website constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them.

Privacy‍

Your use of the Website is subject to Chad D. Perry Consulting, LLC's Privacy Policy. Please review this Privacy Policy, which also governs the Website and informs users of our data collection practices.‍

Electronic Communications‍

Visiting the Website or sending emails to Chad D. Perry Consulting, LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications provided to you electronically, via email, and on the Website, satisfy any legal requirement that such communications be in writing.‍

Children Under the age of Thirteen‍

Chad D. Perry Consulting, LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under the age of thirteen, you may use the Website only with permission of a parent or guardian.‍

Links to Third Party Sites/Third Party Services‍

The Website may contain links to other websites ("Linked Websites"). The Linked Websites are not under the control of Chad D. Perry Consulting, LLC and Chad D. Perry Consulting, LLC is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. Chad D. Perry Consulting, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Chad D. Perry Consulting, LLC of the Linked Website or any association with its operators.

Certain services made available via the Website are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the Website’s domain, you hereby acknowledge and consent that Chad D. Perry Consulting, LLC may share such information and data with any third-party with whom Chad D. Perry Consulting, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.‍

No Unlawful or Prohibited Use/Intellectual Property‍

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these terms of use. As a condition of your use of the Website, you warrant to Chad D. Perry Consulting, LLC that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

All content included as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Chad D. Perry Consulting, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Chad D. Perry Consulting, LLC content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Chad D. Perry Consulting, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. You are not granted any licenses, express or implied, to the intellectual property of Chad D. Perry Consulting, LLC or its licensors except as expressly authorized by these Terms.‍

International Users‍

The service is controlled, operated, and administered by Chad D. Perry Consulting, LLC, from our offices within the USA. If you access the service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Chad D. Perry Consulting, LLC content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.‍

Indemnification‍

You agree to indemnify, defend and hold harmless Chad D. Perry Consulting, LLC, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Chad D. Perry Consulting, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Chad D. Perry Consulting, LLC in asserting any available defenses.‍

Arbitration‍

In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms.‍

Class Action Waiver‍

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.

THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.

Further, unless both you and Chad D. Perry Consulting, LLC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.‍

Liability Disclaimer‍

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CHAD D. PERRY CONSULTING, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.

CHAD D. PERRY CONSULTING, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CHAD D. PERRY CONSULTING, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHAD D. PERRY CONSULTING, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CHAD D. PERRY CONSULTING, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.‍

Termination/Access Restriction‍

Chad D. Perry Consulting, LLC reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Utah, and you hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Chad D. Perry Consulting, LLC as a result of this agreement or use of the Website. Chad D. Perry Consulting, LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Chad D. Perry Consulting, LLC's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Chad D. Perry Consulting, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Chad D. Perry Consulting, LLC with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Chad D. Perry Consulting, LLC with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.‍

Changes to Terms‍

Chad D. Perry Consulting, LLC reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. Chad D. Perry Consulting, LLC encourages you to periodically review the Terms to stay informed of our updates.‍

Contact Us‍

Chad D. Perry Consulting, LLC welcomes your questions or comments regarding the Terms:

Chad D. Perry Consulting, LLC
3214 N. University Avenue, #353
Provo, Utah 84604

Updated and effective as of May 2023.