Terms and Conditions

Agreement to these terms

These terms apply when you use vbuscon.com, our free tools and worksheets, and our Playbook articles (together, the "Site"). The Site is run by Vantage Business Consulting ("Vantage," "we" or "us"), an Arizona limited liability company. By using the Site you agree to these terms and to our Privacy Policy. If you do not agree, please do not use the Site.

If you hire us for consulting work, that work is covered by a separate written agreement. If that agreement conflicts with these terms, the written agreement controls for that work.

What the Site offers

The Site shares articles, free tools, worksheets and information about our go-to-market and retail readiness consulting for consumer brands. We may change, pause or remove any part of the Site at any time without notice.

Information, not professional advice

Our articles, tools and worksheets are for general information and planning. They are not legal, tax, accounting, financial or investment advice, and they are not a promise of any result. Retailer terms, pricing, margins, costs and markets vary, and your results will depend on your own facts and decisions. You are responsible for how you use what you find here, and you should consult your own advisors before making significant decisions.

Reading the Site, downloading a tool or contacting us does not create a consulting relationship. A consulting relationship begins only when we both sign a written agreement.

Using the Site

You agree not to:

• Use the Site in a way that breaks the law or the rights of others.
• Try to gain unauthorized access to the Site, its hosting or any related system, or interfere with how it works.
• Copy the Site at scale, or use automated tools to scrape it, without our written permission.
• Resell, redistribute or publish our tools, worksheets or articles as your own.

Our content and your use of it

The Site, including its articles, tools, worksheets, text, graphics, logos and design, belongs to Vantage or its licensors and is protected by copyright and other laws. We give you a limited, personal, non-exclusive right to read the Site and to download and use our free tools and worksheets for your own business. You may quote short excerpts with credit and a link to the original page. Any other use needs our written permission.

What you send us

If you send us a message, a form entry or feedback, you confirm you have the right to share it. You allow us to use it to respond to you and to improve the Site and our services. We will handle personal information as described in our Privacy Policy. Please do not send us confidential or sensitive information through the Site's forms before we have signed a written agreement covering it.

Third-party links and services

The Site links to and relies on services we do not control, such as Google, our email provider, our scheduling provider and our hosting provider. We are not responsible for their content, policies or practices, and your use of them may be subject to their own terms.

Disclaimer of warranties

The Site and everything on it are provided "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of accuracy, fitness for a particular purpose, merchantability and non-infringement. We do not promise that the Site will be uninterrupted, error free or secure, or that the content is complete or current.

Limitation of liability

To the fullest extent the law allows, Vantage and its owners, officers, employees and contractors are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost data or loss of business opportunity, arising from or related to your use of the Site, even if we were told such damages were possible. Our total liability for any claim arising from or related to the Site is limited to $100.

Some places do not allow certain limits, so parts of this section may not apply to you.

Your responsibility

You agree to defend and reimburse Vantage for losses, costs and reasonable legal fees arising from your misuse of the Site or your breach of these terms.

Governing law

These terms, and any dispute between you and Vantage, are governed by the laws of the State of Arizona and, for the arbitration section below, the Federal Arbitration Act, without regard to conflict of law rules.

Binding arbitration

Please read this section carefully. It affects your legal rights, including your right to go to court and to have a jury decide a dispute.

Talk to us first. Before starting an arbitration or a small claims case, you agree to contact us in writing at Carlton.Hawkins@vbuscon.com with a short description of the problem and what you are asking for. You and Vantage will then work in good faith to resolve it informally for at least 30 days. A claim may be filed only after those 30 days have passed without a resolution.

What is covered. Any claim, dispute or controversy between you and Vantage that arises out of or relates to the Site, these terms, our Privacy Policy, or our services will be resolved only by final and binding arbitration, except as described under "Small claims court" and "Your right to opt out" below. This includes claims about the meaning, scope, validity or enforceability of this section. It applies whether the claim is based on contract, tort, statute or any other legal theory, and it continues to apply after you stop using the Site.

Who runs it. The arbitration will be administered by JAMS under its rules and procedures that are in effect when the claim is filed, which are available at jamsadr.com. A single arbitrator will decide the dispute. The arbitrator must apply Arizona law and the terms of this agreement, and may award any relief a court could award to the individual party bringing the claim. The arbitrator's decision will be in writing and final, and a court with jurisdiction may enter judgment on it.

Where. The arbitration will be held in Maricopa County, Arizona. If both sides agree, or if the arbitrator allows it, hearings may be held by video or phone, or decided on written submissions.

Costs. You are responsible for paying the JAMS filing, administrative and arbitrator fees for any arbitration, except where applicable law or the JAMS rules require Vantage to pay more. Each side pays its own attorneys' fees and costs unless the arbitrator awards them under applicable law.

Small claims court. Either you or Vantage may choose to bring an individual claim in small claims court in Maricopa County, Arizona, instead of arbitration, as long as the claim qualifies for that court and stays there.

Your right to opt out. You may opt out of arbitration within 30 days after you first use the Site. To opt out, email Carlton.Hawkins@vbuscon.com with the subject line "Arbitration opt-out" and include your name and the email address you use with us. If you opt out, neither of us can require the other to arbitrate, and any dispute will be decided in the state or federal courts located in Maricopa County, Arizona. Opting out does not affect any other part of these terms, including the class action waiver.

No court, no jury. By agreeing to arbitrate, you and Vantage each give up the right to sue in court and to a jury trial, except for small claims court, an opt-out, and actions to enforce an arbitration award or to compel arbitration under this section.

No class actions

You and Vantage each agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative action. The arbitrator may not combine more than one person's claims and may not preside over any form of class or representative proceeding. If this class action waiver is found to be unenforceable as to a particular claim, that claim (and only that claim) must be brought in the state or federal courts located in Maricopa County, Arizona, and the rest of this section will still apply to all other claims.

Time limit for claims

To the extent the law allows, any claim related to the Site or these terms must be filed within one year after it arose, or it is permanently barred.

Changes to these terms

We may update these terms from time to time. When we do, we will change the date at the top of this page. Using the Site after an update means you accept the updated terms. Changes to the arbitration section apply only to claims that arise after the change.

General

If any part of these terms is found to be unenforceable, the rest stays in effect. Our failure to enforce a right is not a waiver of it. You may not transfer your rights under these terms, but we may transfer ours. These terms, together with our Privacy Policy and any signed written agreement with you, are the entire agreement between you and Vantage about the Site.

Contact us

Questions about these terms? Email Carlton.Hawkins@vbuscon.com or Call (602) 345-1522.