Terms of Service
Effective Date: December 1, 2025
1. Agreement to Terms
Welcome to the website of Hutney & Associates ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website located at beverlyhutney.com (the "Website") and any related services we provide.
By accessing or using our Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Website. We reserve the right to modify these Terms at any time, and your continued use of the Website following any changes constitutes acceptance of those changes.
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2. Description of Services
Hutney & Associates provides fractional COO services, operational consulting, strategic planning, and related business advisory services to small and mid-sized businesses. Our Website includes information about our services, thought leadership content, and the ability to schedule consultations.
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The information provided on our Website is for general informational purposes only. It does not constitute professional advice, and you should not rely on it as a substitute for consultation with qualified professionals regarding your specific business situation.
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3. Use of the Website
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3.1 Permitted Use
You may use our Website for lawful purposes only. You agree to use the Website in accordance with all applicable local, state, national, and international laws and regulations.
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3.2 Prohibited Conduct
You agree not to: use the Website in any way that violates applicable laws or regulations; attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website; use any automated means (such as bots, scrapers, or spiders) to access the Website or collect information; interfere with or disrupt the Website or servers or networks connected to the Website; transmit any viruses, malware, or other harmful code; impersonate any person or entity or misrepresent your affiliation with any person or entity; or collect or store personal data about other users without their consent.
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4. Intellectual Property Rights
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4.1 Our Content
The Website and its entire contents, features, and functionality—including but not limited to text, graphics, logos, images, articles, frameworks, methodologies, and software—are owned by Hutney & Associates or our licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.
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4.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent, except as follows: your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; you may store files that are automatically cached by your web browser for display enhancement purposes; and you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
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4.3 Trademarks
The Hutney & Associates name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Hutney & Associates. You may not use such marks without our prior written permission.
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5. User Submissions
If you submit any information, ideas, suggestions, or other materials to us through the Website (such as through a contact form or email), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, and display such content for any purpose. You represent and warrant that you own or control all rights to any content you submit and that such content does not violate these Terms or any applicable law.
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6. Third-Party Links and Services
Our Website may contain links to third-party websites or services, including but not limited to scheduling tools (Calendly), social media platforms (LinkedIn), and other resources. These links are provided for your convenience only. We have no control over the contents, privacy policies, or practices of any third-party websites or services and assume no responsibility for them. Your use of any third-party website or service is at your own risk and subject to the terms and conditions of that third party.
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7. Disclaimers
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7.1 No Professional Advice
The content on our Website, including articles, blog posts, case studies, and other materials, is provided for general informational purposes only. It is not intended to be and should not be construed as professional business, legal, financial, or tax advice. You should consult with appropriate professionals before making any business decisions based on information obtained from our Website.
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7.2 No Guarantees
While we strive to provide valuable insights and strategies, we make no guarantees regarding the outcomes or results you may achieve by applying any information or methodologies presented on our Website. Business results depend on many factors beyond our control, including your specific circumstances, market conditions, and implementation efforts.
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7.3 "As Is" Basis
THE WEBSITE AND ALL CONTENT, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
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8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Hutney & Associates, ITS OWNER, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE, ANY CONTENT ON THE WEBSITE, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100.00).
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9. Indemnification
You agree to defend, indemnify, and hold harmless Hutney & Associates, its owner, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: your use of the Website; your violation of these Terms; your violation of any third-party right, including any intellectual property or privacy right; or any claim that your use of the Website caused damage to a third party.
10. Governing Law and Dispute Resolution
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10.1 Governing Law
These Terms and any dispute arising out of or related to these Terms or the Website shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
10.2 Venue
Any legal action or proceeding arising out of or relating to these Terms or the Website shall be brought exclusively in the state or federal courts located in Dallas County, Texas. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.
10.3 Informal Resolution
Before initiating any legal action, you agree first to contact us and attempt to resolve any dispute informally. Most concerns can be quickly resolved through good-faith discussion.
11. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity of any provision shall not affect the validity or enforceability of any other provision of these Terms.
12. Waiver
Our failure to 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 us.
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13. Entire Agreement
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Hutney & Associates regarding your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties regarding the Website.
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Note: These Terms govern your use of our Website only. A separate written agreement or statement of work will govern any consulting services you engage with Hutney & Associates.
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14. Contact Us
If you have questions about these Terms of Service, please contact us:
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Hutney & Associates
400 N. Ervay St., Suite 130327
Dallas, Texas
Phone: (214) 247-6961
Email: Bev@beverlyhutney.com