Terms and Conditions

The services of Change Adaptive (sometimes referred to as “us,” “our,” or “we”) are offered to you, solely based on your acceptance without modification or exception, of the following Terms and Conditions (the “Terms and Conditions”). By using changeadaptive.com or submitting information via our website, email, telephone or other transmission constitutes your full agreement to all Terms and Conditions as set forth in this document. Contact us here with questions regarding the Terms and Conditions. We update these Terms and Conditions from time to time and they were last updated on November 16, 2021.

Change Adaptive provides a service where you provide information about yourself, your organization, and a project for which you seek consultants. We connect you with consultants (sometimes referred to as “consultants,” or “consulting firms”) for you to interview and/or possibly select to complete that project.

We provide no guarantees or endorsements.
We make efforts to connect you to only quality consultants and we have a vetting process to help in those efforts. However, we make no guarantees, warranties or representations regarding the skills or expertise of any consultants. Similarly, we make no guarantees, warranties or representations regarding the quality, outcome, or result of any project for which you retain a consultant. Change Adaptive does not recommend, nor does it endorse the services of any specific consultant(s). You understand and agree that the evaluation and determination of any consultant’s expertise and/or qualifications is entirely and exclusively your decision. Similarly, it is entirely your decision whether or not to enter into a contract or agreement with any consultant, including the fees charged by consultants for such contract or agreement. We never warrant or guarantee the performance or outcome of any work done by any consultant. You understand and agree that the consultants are not employees or agents of Change Adaptive, nor is Change Adaptive an agent of the consultant.

After you submit the information for a service request on our website, we make an effort to connect you with consultants who fit the requirements of your project. However, we do not guarantee that we will be able connect you with consultants for any or all requests. 

Release from damages and/or claims.
If you should have any dispute with any consultant regarding services provided or not provided, or any fees charged, you must take up that dispute directly with the consultant. You hereby agree to release Change Adaptive (and any or all of our agents, affiliates, officers, directors, and employees) from any damages or claims whatsoever (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with consultants.

Use of our services.
You acknowledge and agree that your use of Change Adaptive is solely for your effort to find consultants and you will not use it for advertising or commercial purposes. You also agree that you will not copy nor collect any Change Adaptive content by use of scripts, spiders, robots, crawlers, scrapers, etc., or any other automated or manual equivalent. 

Information you submit and TCPA consent.
When submitting a service request on our website, you are asked to submit information about yourself, your organization and your project details. By doing so, you consent to being contacted by us and/or consultants for efforts to fulfill your request or for marketing purposes. This contact can occur by any reasonable means, including but not limited to phone, fax, email, mail, or text messaging. You consent to being contacted even if you are included on any federal, state, provincial or other “Do Not Call” list. You also consent to either Change Adaptive or consultants using automated phone technology, which may include autodialed and prerecorded messages.

Liability.
Change Adaptive will have no liability from any injury to individuals or property as a result of using the services from consultants.

Indemnification.
You agree to indemnify Change Adaptive, its employees, and agents, and hold each harmless from any and all claims or demands from third parties regarding your use of our services, including attorney’s fees. You also agree to indemnify Change Adaptive, its employees, and agents, and hold each harmless from any dispute that you might have with a consultant, your violation of these Terms and Conditions, or your violation of third party rights.

Agreement to arbitration.
You agree to resolve any disputes relating to these Terms and Conditions before a single arbitrator, pursuant to the rules of the American Arbitration Association. The seat of the arbitration will be the jurisdiction where the party in the position of defendant is domiciled. The arbitrator shall be selected pursuant to the AAA rules, or otherwise as mutually agreeable to both parties. To begin the arbitration process, a party must make a written demand therefor. The decision of the arbitrator may be enforced in any court of competent jurisdiction. 

You may not be a part of any class action, class arbitration, or other representative action or proceeding against Change Adaptive.

Notice of rights.
By using our website and/or services, you understand and agree to the above arbitration proceedings. You agree to forfeit your right to court proceedings for any claims that might arise between you and Change Adaptive. You also forfeit your right to be a part of class action or other class proceedings against Change Adaptive.  

General provisions. 
You understand and agree that the services provided by Change Adaptive are without any guarantee or warranty whatsoever. You acknowledge and agree that you can cease to use our website and/or services as the only solution to any claim against us. Except as written differently herein, Change Adaptive expressly disclaims any implied warranties of any kind, including, but not limited to, warranties of merchantability or fitness for a particular purpose, and you agree, as permissible by local and/or state laws, that Change Adaptive shall have no liability for direct, indirect, special, incidental, consequential (including lost profit), exemplary or punitive damages that come from these Terms and Conditions. These Terms and Conditions constitute the entire agreement between you and Change Adaptive and override any and all negotiations or representations. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.