Please read these Terms & Conditions carefully. Section 11 contains a binding arbitration agreement and a waiver of class and representative actions, which affect how disputes between you and us are resolved.
1. Acceptance of Terms
These Terms & Conditions (these “Terms”) constitute a legally binding agreement between you and Bradford & Co. Consulting USA (together with its affiliates, “BC Consulting USA,” the “Firm,” “we,” “us,” or “our”) and govern your access to and use of this website (the “Site”) and our SMS/text messaging program described in Section 5 (the “SMS Program” and, together with the Site, the “Services”).
By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree, you must not access or use the Services.
2. Eligibility
The Services are intended for individuals who are at least eighteen (18) years of age. By using the Services, you represent and warrant that you satisfy this requirement. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
3. No Professional Relationship; Informational Purposes Only
Content on the Site is provided for general informational purposes only and does not constitute business, financial, legal, tax, or other professional advice. Your use of the Site, your submission of an inquiry, or your receipt of any communication from us, including text messages, does not create a consulting, advisory, or other professional relationship. Any such relationship arises only under a separate written engagement agreement executed by both parties.
4. Your Submissions
When you submit information through the Site, you represent that the information is accurate and that you have the right to provide it, including, if you provide a mobile telephone number, that you are the subscriber or authorized user of that number. Please do not submit confidential information through the Site; any such information will not be treated as confidential absent a separate written agreement.
5. SMS / Text Messaging Program
Program Summary
- Program name
- BC Consulting USA Client Communications
- Messages
- Messages related to your inquiry and our services
- Message frequency
- Message frequency varies
- Cost
- Message and data rates may apply
- Opt out
- Reply STOP at any time
- Help
- Reply HELP, or email Jack@Bc-consultingusa.com
By opting in, you consent to receive recurring text messages from the Firm at the mobile number you provide, which may be sent using automated technology. Consent is not a condition of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to cancel or HELP for help. Carriers are not liable for delayed or undelivered messages.
The Firm makes no representation or guarantee that any message will be sent, delivered, or received, and shall have no liability for any message that is delayed, undelivered, misdirected, or sent to a number you provided, or for any charges imposed by your wireless carrier. You are solely responsible for the accuracy of the number you provide and for notifying us if it changes. The Firm may modify or discontinue the SMS Program at any time without notice.
Mobile information is handled in accordance with our Privacy Policy. We do not share your mobile number or SMS opt-in data with third parties for marketing or promotional purposes.
6. Prohibited Conduct
You agree not to use the Services in violation of any applicable law or third-party right; submit false information or a telephone number you are not authorized to use; attempt to gain unauthorized access to the Site or related systems; interfere with the Site’s operation; or use automated means to access or collect content from the Site without our written permission.
7. Third-Party Sites
The Site may contain links to third-party websites, which are provided solely for convenience. The Firm does not control or endorse, and assumes no responsibility for, any third-party site.
8. Disclaimer of Warranties
The Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, the Firm disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and does not warrant that the Services will be uninterrupted, error-free, or secure.
9. Limitation of Liability
To the fullest extent permitted by law, in no event shall the Firm or its partners, principals, officers, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to these Terms or the Services, including the SMS Program, under any theory of liability, even if advised of the possibility of such damages. The Firm’s aggregate liability arising out of or relating to these Terms or the Services shall not exceed one hundred U.S. dollars (US$100).
10. Indemnification
You agree to defend, indemnify, and hold harmless the Firm and its partners, principals, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or applicable law, or any information you submit through the Services, including any telephone number you provide.
11. Dispute Resolution; Binding Arbitration; Class Action Waiver
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including claims under the Telephone Consumer Protection Act or any similar statute (each, a “Dispute”), shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator. The Federal Arbitration Act governs this Section 11. Notwithstanding the foregoing, either party may bring an individual action in small claims court.
You and the Firm each agree that any Dispute shall be brought solely in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
You may opt out of this agreement to arbitrate by emailing written notice to Jack@Bc-consultingusa.com within thirty (30) days after you first accept these Terms.
12. Governing Law and Venue
These Terms shall be governed by the laws of the State of New York, without regard to its conflict-of-laws principles. Subject to Section 11, the state and federal courts located in New York County, New York shall have exclusive jurisdiction over any action arising out of or relating to these Terms.
13. Changes to These Terms
We may amend these Terms at any time by posting the amended Terms on this page with a revised “Last Updated” date. Your continued use of the Services after such posting constitutes your acceptance of the amended Terms.
14. General Provisions
These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Firm concerning the Services. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any provision shall not constitute a waiver thereof. We may assign these Terms without restriction.
15. Contact Us
Questions regarding these Terms may be directed to Bradford & Co. Consulting USA at Jack@Bc-consultingusa.com.