Legal
Terms of Service
Last updated: January 1, 2025
These Terms of Service ("Terms") form a binding legal agreement between you ("you" or "User") and Data Wise Consulting LLC, a limited liability company ("Data Wise," "we," "us," or "our"), governing your access to and use of the website located at datawisec.com and any related content, tools, materials, or services we make available (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
1. Eligibility
You represent that you are at least 18 years old, have the legal capacity to enter into a binding contract, and are not barred from receiving the Services under applicable law.
2. Informational Use Only
The content on the Site is provided for general informational purposes only. It does not constitute legal, financial, security, regulatory, or professional advice, and should not be relied upon as a substitute for engaging qualified professionals. Any reliance on Site content is at your sole risk.
3. No Engagement Created
Submitting a contact form, requesting a resource, or otherwise communicating through the Site does not create a consulting, advisory, fiduciary, or attorney-client relationship. Engagements are formed only by a separate written agreement signed by an authorized representative of Data Wise.
4. Intellectual Property
All content on the Site — including text, graphics, logos, images, audio, video, downloads, methodologies, frameworks, white papers, and software — is owned by or licensed to Data Wise and is protected by U.S. and international intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for your personal, non-commercial use. All other rights are reserved. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, republish, sell, license, scrape, or otherwise exploit any portion of the Site without our prior written consent.
5. Acceptable Use
You agree not to:
- use the Services in violation of any law, regulation, or third-party right;
- interfere with, disrupt, or attempt to gain unauthorized access to any part of the Services or related systems;
- use any robot, spider, scraper, AI training crawler, or other automated means to access the Site for any purpose without our express written permission;
- introduce viruses, malware, or other harmful code;
- impersonate any person or misrepresent your affiliation;
- collect or harvest information about other users; or
- use the Services to transmit unsolicited communications, defamatory content, or unlawful material.
We reserve the right, in our sole discretion, to investigate, suspend, restrict, or terminate access for any User who violates these Terms, with or without notice.
6. User Submissions
Any information, ideas, feedback, or materials you submit to us through the Site (collectively, "Submissions") are non-confidential. You grant Data Wise a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, and distribute Submissions for any lawful business purpose without compensation or attribution to you. You represent that you have all rights necessary to grant this license.
7. Third-Party Sites and Services
The Site may contain links to or integrations with third-party websites and services. We do not control and are not responsible for the content, policies, or practices of any third party. Your use of third-party services is at your own risk and subject to their terms.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATA WISE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE MAKE NO REPRESENTATION REGARDING ANY OUTCOME, RESULT, OR BENEFIT YOU MAY OBTAIN FROM USING THE SERVICES OR ANY INFORMATION OBTAINED THROUGH THE SITE.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DATA WISE, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF DATA WISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DATA WISE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (US $100). THESE LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.
10. Indemnification
You agree to defend, indemnify, and hold harmless Data Wise and its members, managers, officers, employees, contractors, agents, affiliates, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including reasonable attorneys' fees) arising from: (i) your access to or use of the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including any intellectual property, privacy, or property right; (iv) any Submission you provide; or (v) your violation of any applicable law. Data Wise reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us.
11. Governing Law and Venue
These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. Subject to Section 12, you and Data Wise irrevocably consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Delaware for any action not subject to arbitration.
12. Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively by final and binding individual arbitration administered by JAMS under its applicable rules. The arbitration shall be seated in Delaware, conducted in English, and decided by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
You and Data Wise agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class waiver is found unenforceable, the entirety of this Section 12 shall be null and void, but the remainder of these Terms shall remain in effect.
Notwithstanding the foregoing, either party may bring an individual action in small-claims court, and either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights.
13. Termination
We may suspend or terminate your access to the Services at any time, for any or no reason, with or without notice, and without liability. Sections that by their nature should survive termination (including IP, disclaimers, limitation of liability, indemnification, governing law, and arbitration) will survive.
14. Modifications
We may modify these Terms at any time at our sole discretion by posting the revised Terms on the Site and updating the "Last updated" date. Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms. If you do not agree, you must stop using the Services.
15. Force Majeure
We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or utility failures, cyberattacks, pandemics, or supply-chain disruption.
16. Severability; Waiver; Entire Agreement
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Our failure to enforce any right is not a waiver of that right. These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Data Wise regarding the Services and supersede all prior understandings.
17. Assignment
You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may freely assign these Terms in whole or in part at any time.
18. Contact
Questions about these Terms? Use our contact form.