Terms & Conditions

By visiting www.thedavidsongroupinc.com (the “Site”) you are consenting to our Terms and Conditions. Please read these Terms and Conditions in their entirety before using our Site. If you do not agree to our Terms and Conditions, do not use this Site. These Terms and Conditions apply only to our Site. Terms, Confidentiality Agreements, and Policies for our Consulting Services and Programs are available by contacting our office at ken@thedavidsongroupinc.com.  (914) 764-1614.

DEFINITIONS

The terms “we,” “us,” and “our” refer to The Davidson Consulting Group, Inc.

The terms “user,” “you,” and “your” refer to Site visitors, customers, and any other users of the Site.

The term “Personal Information” is defined as information that you voluntarily provide to us that personally identifies you and/or your contact information, such as your name, phone number, physical address, and email address.

The term “Service” refers to all resource pages available, descriptions, written materials, enrollment forms available on our Site, ordering WORK SYSTEM supplies on our Site, and using the Contact form on our Site.

The term “Data” refers to all descriptions, concepts, information, content, and materials on this Site, including written materials, trademarks, graphics, images, and logos.

USE OF THE SITE AND SERVICE

Use of our Site, including all materials presented herein and all online services provided by The Davidson Consulting Group, Inc. is subject to the following Terms and Conditions. These Terms and Conditions apply to all Site visitors, customers, and all other users of the Site. By using the Site or Service you agree to these Terms and Conditions without modification and acknowledge reading them.

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to agree to these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site is subject to change. The Davidson Consulting Group, Inc. makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. The Davidson Consulting Group, Inc. disclaims all liability for any inaccuracy, error, or incompleteness in the Data.

You agree by using this Site that all Data is the proprietary property of The Davidson Consulting Group, Inc. and is protected to the extent permitted by copyright, trade secret, and other applicable laws. In addition, you agree not to reproduce, transfer, broadcast, or distribute the Data to any other person, either orally or in writing, without the prior written approval of The Davidson Consulting Group, Inc. You agree not to resell, alter and sell, or repackage and sell the Data and not to use the Data in any form as part of any seminar, workshop, course, program, consulting, or similar business activity.

You understand that the Data on our Site has been developed by The Davidson Consulting Group, Inc. throughout many years in business and is the confidential, proprietary, and commercially valuable property of The Davidson Consulting Group, Inc. and is part of our goodwill. You agree to protect and to not use our Site, including our Data, in a way that might compromise its proprietary nature. You agree not to transmit, distribute, broadcast, or deliver our Data, or a modified reproduction of our Data, or anything derived from our Data. You also agree not to use our Site or Data for commercial purposes without prior written approval and authorization for each occasion you wish to use the Data.

You may view and display our Data as long as you make it known to all viewers that it is the property and creation of The Davidson Consulting Group, Inc. and that you prominently and clearly display all copyright and trademark notices.

LAWFUL PURPOSES

You may use the Site, Data, and Service for lawful purposes only and you agree that you will not use the Site, Data, and Service for any purpose that is unlawful or prohibited by these Terms and Conditions and that you will comply with all applicable laws and any conditions or restrictions imposed by these terms. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree that your use of the Site, and that all Services or products purchased through the Site, are for your personal, legitimate, and non-commercial purposes only and that you are expressly not granted the right to use the Site, Service, or Data for any other purpose. You shall not use this Site, Service, or Data for purposes that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

REFUSAL OF SERVICE

The Service is offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person, or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect, product, or feature of the Site, Service or Data, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

CANCELLATIONS, REFUNDS, AND RETURNS

You may NOT cancel your enrollment in online courses once you have received access to the course. Since the program materials are available in a digital format, there are no refunds allowed.

You may cancel your WORK SYSTEM orders for a full refund at any time before we have shipped your items. If you are not satisfied with your order, you may return the items within 14 days of receipt for a refund of the product cost. If your order arrives damaged, inform us right away, so we can arrange a refund and the return of the product.

Please contact us before returning any items at 914-764-5107 or susan@thedavidsongroupinc.com. We are not responsible for items you return to us if you have not contacted us first and/or if the items do not arrive. We recommend you purchase insurance and tracking for all items you return.

PRODUCT DESCRIPTION

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, we do not guarantee or otherwise represent that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We maintain the right to change our prices without notice. We reserve the right to refuse or cancel any order with an incorrect price listing.

OUR INTELLECTUAL PROPERTY

The Site, Service and Data contain intellectual property owned by The Davidson Consulting Group, Inc. including, but not limited to, trademarks, copyrights, proprietary information, names, logos, photographs, broadcasts, graphics, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce, or perform, or in any way exploit in any format whatsoever any of the Site, Data, Service, content, or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you violate this intellectual property policy.

RIGHT TO CHANGE OUR TERMS

We may at any time at our sole discretion amend, change, or modify these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. If you continue to use the Services after changes are posted you will be deemed to have accepted the change. We will post the most recent versions of the Terms and Conditions to the Site and list the effective date therein.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE DAVIDSON CONSULTING GROUP, INC. OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR SERVICE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR SYSTEM FAILURE.  THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE DAVIDSON CONSULTING GROUP, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE DAVIDSON CONSULTING GROUP, INC.’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.  IN NO EVENT SHALL THE DAVIDSON CONSULTING GROUP, INC.’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM THE DAVIDSON CONSULTING GROUP, INC.’S WEBSITE, AND IF NO PURCHASE HAS BEEN MADE BY YOU, THE DAVIDSON CONSULTING GROUP, INC.’S, CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

DISCLAIMER OF WARRANTIES

THE SITE AND SERVICE, INCLUDING THE DATA, ARE PROVIDED “AS IS.” THE DAVIDSON CONSULTING GROUP, INC. DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL REPRESENTATIONS AND WARRANTIES RELATED TO THE SITE, DATA, AND SERVICE. IF YOU RELY ON THE SITE, DATA, AND SERVICE, AND ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE DAVIDSON CONSULTING GROUP, INC. DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE OR SERVICE, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR SERVICE OR OTHERWISE BY THE DAVIDSON CONSULTING GROUP, INC. INCLUDING, WITHOUT LIMITATION, ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THE SERVICE, DATA, OR SITE, AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY THE DAVIDSON CONSULTING GROUP, INC. OR ANY THIRD PARTY.  FURTHER, THERE IS NO WARRANTY THAT THE SITE, DATA, OR SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

THE DAVIDSON CONSULTING GROUP, INC. MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED (A) THAT THE INFORMATION PROVIDED THROUGH THE SITE, DATA, OR SERVICE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, (B) THAT THE SITE, DATA, OR SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION (C) THAT DEFECTS OR ERRORS IN THE SITE, DATA, OR SERVICE WILL BE CORRECTED, OR (D) THAT THE CONTENT ON THE SITE, DATA, OR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITE, DATA, OR SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND THE DAVIDSON CONSULTING GROUP, INC. DISCLAIMS ALL RESPONSIBILITY FOR THE SITE, DATA, OR SERVICE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE, DATA, OR SERVICE.

ADDITIONALLY, THE DAVIDSON CONSULTING GROUP, INC. IS NOT LIABLE FOR AND TO THE FULLEST EXTENT PERMITTED BY LAW EXPRESSLY DISCLAIMS DAMAGES IN CONNECTION WITH: (A) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, OR DATA; AND (B) THIRD-PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY.

THIRD-PARTY RESOURCES

The Site, Data, and Service may contain links to or from third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or polices of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with The Davidson Consulting Group, Inc. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site, Data, or Service.  You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary.  You shall not settle any third-party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER

This Agreement and our Privacy Policy constitutes the entire agreement between you and The Davidson Consulting Group, Inc. pertaining to our Site, Service, and Data from our Site and supersedes all prior and contemporaneous agreements, representations, and understandings between us.  No waiver of any of the provisions of the Agreement by The Davidson Consulting Group, Inc. shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by The Davidson Consulting Group, Inc.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

The Davidson Consulting Group, Inc.

93 Old Mill River Road

Pound Ridge, NY 10576

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be governed by the laws of the United States and New York State.  By using the Services, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.

The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Westchester County, New York. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The International Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree.  The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns.  These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

The Davidson Consulting Group, Inc. is an independent legal entity acting on its own behalf and not on behalf of, under the actual or apparent authority of, in conjunction with, at the direction of, or in partnership with Workability, Inc., a New York corporation. Ken Davidson is not an employee, contractor, shareholder, officer, or otherwise acting on behalf of Workability, Inc.