Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the website digitalmindshare.net (the “Site”), operated by Digital Mindshare LLC (“Digital Mindshare,” “we,” “us,” or “our”), a limited liability company registered in the State of New York.

By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must discontinue use of the Site immediately.

If you are accessing the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. About the Site

The Site is an informational website for Digital Mindshare LLC, a marketing technology consulting practice. The Site provides general information about our advisory and transformation services, our approach, and how to contact us. The Site is not a platform for delivering consulting services, and no client relationship is formed through use of the Site alone.

3. Permitted Use

You may access and use the Site for lawful purposes only. You are granted a limited, non-exclusive, non-transferable, revocable license to access and view the content on the Site for your personal or internal business evaluation purposes. This license does not include the right to reproduce, distribute, modify, publicly display, or create derivative works from any Site content except as expressly permitted in these Terms or with our prior written consent.

4. Prohibited Conduct

You agree not to:

• Use the Site in any manner that violates applicable federal, state, local, or international law or regulation
• Attempt to gain unauthorized access to any portion of the Site, its servers, or any systems or networks connected to the Site
• Use any automated means (including bots, scrapers, or spiders) to access, monitor, or copy any content from the Site without our prior written consent
• Interfere with or disrupt the integrity or performance of the Site or its underlying infrastructure
• Submit false, misleading, or fraudulent information through the contact form
• Use the Site to transmit any malicious code, viruses, or harmful content
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Reverse engineer, decompile, or disassemble any aspect of the Site

We reserve the right to restrict or terminate access to the Site for any user who violates these Terms, without notice.

5. Intellectual Property

5.1 Site Content

All content on the Site—including but not limited to text, graphics, logos, icons, images, page layouts, and the selection and arrangement thereof—is the exclusive property of Digital Mindshare LLC and is protected by United States and international copyright, trademark, and other intellectual property laws. No content from the Site may be copied, reproduced, distributed, republished, displayed, posted, or transmitted in any form or by any means without our prior written consent.

5.2 Proprietary Frameworks and Methodologies

The consulting frameworks, diagnostic methodologies, transformation models, service delivery sequences, and related intellectual property described on the Site are proprietary to Digital Mindshare LLC. These materials represent original work product developed through years of professional practice. No portion of these frameworks or methodologies may be reproduced, adapted, or used in any commercial context without our prior written authorization.

5.3 Trademarks

“Digital Mindshare” and the Digital Mindshare logo are trademarks or service marks of Digital Mindshare LLC. You may not use these marks without our prior written permission. All other trademarks, service marks, and trade names appearing on the Site are the property of their respective owners.

5.4 Anonymized Patterns and Approaches

Digital Mindshare retains the right to use anonymized, de-identified patterns, insights, and approaches derived from its professional practice in future engagements, publications, presentations, and Site content. No client-specific or confidential information will be disclosed without explicit authorization.

6. Contact Form Submissions

When you submit information through the Site’s contact form, you acknowledge and agree that:

• The information you provide is accurate and complete to the best of your knowledge
• Your submission constitutes an inquiry only and does not create a client relationship, consulting engagement, or any contractual obligation on the part of Digital Mindshare
• We are under no obligation to respond to any inquiry or to accept any prospective engagement
• Any information you submit will be handled in accordance with our Privacy Policy
• You should not submit confidential, proprietary, or trade-secret information through the contact form, as submissions are transmitted via email and are not protected by any confidentiality agreement

Formal consulting engagements are governed by separate agreements (Master Services Agreement, Statement of Work, or equivalent) executed between Digital Mindshare and the client. These Terms do not govern such engagements.

7. Disclaimers

8. Limitation of Liability

To the fullest extent permitted by applicable law, Digital Mindshare LLC, its owner, employees, agents, partners, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunity, or goodwill, arising out of or in connection with your access to or use of (or inability to access or use) the Site, any content on the Site, or any conduct or content of any third party referenced on the Site, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not Digital Mindshare has been advised of the possibility of such damages.

In no event shall Digital Mindshare’s total aggregate liability to you for all claims arising out of or related to the Site or these Terms exceed one hundred U.S. dollars ($100.00).

For liability arising under a separate consulting engagement governed by a Master Services Agreement, Statement of Work, or equivalent contract, the limitation of liability provisions in that agreement shall control.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Digital Mindshare LLC, its owner, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your access to or use of the Site, your violation of these Terms, or your violation of any rights of any third party.

10. Third-Party Links and Services

The Site may contain links to third-party websites or services that are not owned or controlled by Digital Mindshare. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Digital Mindshare shall not be liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third-party content, goods, or services.

The inclusion of any link on the Site does not imply endorsement, affiliation, or sponsorship by Digital Mindshare.

11. Governing Law and Dispute Resolution

These Terms and any disputes arising out of or related to them or the Site shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

Any legal action or proceeding arising out of or related to these Terms or the Site shall be brought exclusively in the state or federal courts located in Suffolk County, New York. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum.

12. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

13. Waiver

The failure of Digital Mindshare to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Digital Mindshare.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the “Effective Date” at the top of this page. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of the changes. We encourage you to review these Terms periodically.

15. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Digital Mindshare with respect to the Site and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, regarding the Site. These Terms do not govern any consulting engagement, which is subject to a separate Master Services Agreement, Statement of Work, or equivalent contract.

16. Contact Us

If you have questions about these Terms, please contact us at: