Terms of Use

1. Acceptance of these terms

By accessing or using this website, you agree to these Terms of Use. If you do not agree, please do not use the site.

These terms apply to the website operated by The Performance Function, LLC (“The Performance Function,” “we,” “us,” or “our”).

2. Website information is general information

The material on this website describes our firm, approach, capabilities, and general views about organizational performance and process improvement. It is provided for general informational purposes.

Website content is not legal, accounting, tax, cybersecurity, clinical, safety, regulatory, financial, employment-law, or other regulated professional advice, and it should not be relied on as a substitute for advice from a qualified professional who has evaluated your specific circumstances.

3. No client relationship is created by site use

Using this site, emailing us, submitting an inquiry, or participating in a preliminary discussion does not create a client, consultant-client, fiduciary, confidential, or other professional relationship.

A consulting engagement begins only when the parties have agreed to the applicable written engagement terms. Until then, do not send information that you would not want transmitted through ordinary business communications.

4. Scope and professional boundaries

The Performance Function evaluates whether proposed work fits the firm’s capabilities, professional competence, legal authority, insurance, data-security requirements, and other engagement conditions. We may decline work that falls outside those boundaries.

Descriptions of services on this site are not promises that a particular service, specialist, methodology, jurisdictional capability, or outcome will be available for every prospective engagement.

5. No guarantee of results

Organizational performance depends on many variables, including factors outside our control. Nothing on this website guarantees a particular operational, financial, workforce, implementation, or other outcome.

Any goals, metrics, recommendations, hypotheses, or expected effects developed during an actual engagement will be governed by the applicable written engagement terms and the evidence available for that project.

6. Intellectual property

Unless otherwise stated, this website and its original content, design, graphics, branding, text, diagnostic concepts, and other materials are owned by or licensed to The Performance Function and are protected by applicable intellectual-property laws.

You may view, print, or save reasonable portions of the site for your own internal, noncommercial evaluation of our services. You may not reproduce, republish, sell, license, scrape, systematically extract, create derivative commercial materials from, or otherwise exploit site content without our prior written permission, except as permitted by law.

Ownership and permitted use of materials created in a consulting engagement are governed separately by the applicable engagement agreement.

7. Acceptable use

You agree not to use the site in a way that is unlawful, fraudulent, abusive, disruptive, or harmful to the site, the firm, other users, or third parties. You also agree not to attempt to gain unauthorized access to systems, accounts, data, or infrastructure associated with the site.

8. Third-party services and links

This website may use or link to services operated by third parties. We do not control third-party websites, platforms, or services and are not responsible for their content, availability, privacy practices, security, or terms.

Your use of a third-party service is governed by that provider’s own terms and policies.

9. Website availability and changes

We may modify, suspend, remove, or update website content or functionality at any time. We do not guarantee that the site will always be available, error-free, complete, current, or free from technical problems.

10. Disclaimer of warranties

To the fullest extent permitted by law, the website and its content are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, statutory, or otherwise.

Nothing in these terms excludes a warranty or right that cannot lawfully be excluded.

11. Limitation of liability

To the fullest extent permitted by law, The Performance Function and its members, personnel, contractors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to use of, inability to use, or reliance on this website.

Nothing in these terms limits liability that cannot lawfully be limited. Any liability arising from an actual consulting engagement is governed by the applicable written engagement agreement rather than this website provision.

12. Privacy

Our Privacy Policy explains how we handle personal information in connection with this website and pre-engagement communications.

13. Governing law

These website Terms of Use are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Any dispute arising solely from use of this website or these Terms of Use will be brought in a court of competent jurisdiction in Virginia, unless applicable law requires a different forum.

14. Changes to these terms

We may update these Terms of Use from time to time. The effective date at the top of this page identifies the current version. Continued use of the website after an update means the updated terms apply to your subsequent use of the site.

15. Contact

Questions about these Terms of Use may be sent to hello@theperformancefunction.com.