1. Agreement
By accessing this website or engaging the services of The Coul & Gold Group LLC (“we,” “us,” or “our”), you agree to be bound by these Terms of Service. By engaging our services, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are engaging our services on behalf of an organization, you represent that you have the authority to bind that organization to these terms.
2. Services
The Coul & Gold Group LLC provides professional advisory, assessment, and leadership development services. All services are provided subject to a signed engagement agreement, which governs the specific terms, scope, fees, and deliverables of each engagement.
In the event of any conflict between these Terms of Service and a signed engagement agreement, the engagement agreement shall prevail to the extent of the conflict.
3. Fees and Payment
Fees for our services are as stated on this website or in your engagement agreement. For subscription services, fees are billed in advance on a monthly or annual basis. All fees are non-refundable except as expressly stated in your engagement agreement or as required by applicable law.
We reserve the right to adjust our fees with 30 days’ written notice. Any fee changes for subscription services will take effect at the start of the next billing period following the notice. Please refer to our Refund Policy for full details.
4. Confidentiality
“Confidential Information” means any non-public information disclosed by either party to the other in connection with our services, whether disclosed orally, in writing, or by any other means. We treat all Confidential Information shared by clients as strictly confidential. We will not disclose client information to any third party except as required to deliver the agreed services or as required by law.
We expect clients to treat any proprietary methodologies, frameworks, and materials shared by us as confidential.
Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party before disclosure; (c) is independently developed without reference to the disclosing party’s information; or (d) is required to be disclosed by court order or applicable law, provided the receiving party gives reasonable prior notice where permitted.
Confidentiality obligations under this section survive for three (3) years following the termination of the engagement, except with respect to trade secrets, which shall remain confidential indefinitely.
5. Intellectual Property
All methodologies, frameworks, assessments, tools, written materials, and content provided by The Coul & Gold Group LLC are proprietary and protected by intellectual property law. Clients receive a non-exclusive, non-transferable license to use deliverables for their internal purposes only. This license continues after the engagement ends, unless otherwise specified in the engagement agreement. Clients may not sublicense, distribute, or make our materials available to third parties without our prior written consent.
Clients retain ownership of all materials and information they provide to us. By providing such materials, clients grant us a limited, non-exclusive license to use them solely for the purpose of delivering the agreed services.
6. No Professional License
Our advisory and assessment services do not constitute legal, financial, medical, or psychological advice. We are not licensed therapists, attorneys, or financial advisors. Clients are responsible for their own decisions and should seek independent professional advice where appropriate.
7. Limitation of Liability
To the fullest extent permitted by applicable law, The Coul & Gold Group LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities.
Our total liability to any client will not exceed the fees paid in the twelve (12) months preceding the claim.
This limitation of liability does not apply to: (a) breaches of confidentiality obligations under Section 4; (b) infringement of intellectual property rights under Section 5; or (c) any liability that cannot be limited or excluded under applicable law.
8. Cancellation and Termination
Either party may terminate an advisory engagement with 30 days’ written notice. Fees for sessions already delivered are non-refundable. Subscription services may be canceled at any time; cancellation takes effect at the end of the current billing period.
Upon termination, each party shall return or destroy the other party’s Confidential Information, except as required for legal or regulatory compliance. Sections 4, 5, 6, 7, and 12 survive termination of these terms.
Please refer to our Refund Policy for full details of our refund and cancellation terms.
9. Scheduled Sessions
Sessions must be canceled or rescheduled with a minimum of 48 hours’ written notice to info@coulandgold.com. Sessions missed without adequate notice are forfeited. A first missed session may be rescheduled at our discretion; any applicable rescheduling fee will be set out in your engagement agreement. Subsequent missed sessions will be permanently forfeited.
10. Privacy and Data Protection
We collect, use, and protect personal information in accordance with our Privacy Policy. By engaging our services, you consent to the collection and use of your information as described therein.
Where we process personal data subject to the UK General Data Protection Regulation (UK GDPR), the EU General Data Protection Regulation (EU GDPR), or any applicable US state privacy law, we will process such data in accordance with the requirements of those laws and our Privacy Policy.
11. Governing Law and Dispute Resolution
These Terms of Service are governed by the laws of the State of Wyoming, United States, without regard to its conflict of laws principles.
Nothing in these terms limits or excludes any statutory rights you may have under the laws of your country of residence. Where local consumer protection laws apply, they take precedence to the extent required by law.
The parties agree to attempt to resolve any dispute arising under or in connection with these terms through good-faith negotiation. If a dispute cannot be resolved through negotiation within thirty (30) days, the dispute shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules or, where applicable, its Consumer Arbitration Rules, before a single arbitrator. The seat of the arbitration shall be Arlington County, Virginia, United States. Hearings may be conducted by video conference where appropriate. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.
Either party may bring an individual claim in small claims court instead of arbitration, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its Confidential Information or intellectual property rights.
Disputes must be brought on an individual basis only. Neither party may participate as a claimant or class member in any class, collective, or representative proceeding.
If you are a consumer resident in the United Kingdom or the European Union, nothing in this section deprives you of the protection of mandatory provisions of the law of your country of residence, and where those laws so require, you may bring proceedings in the courts of your country of residence.
12. Changes to These Terms
We may update these Terms of Service from time to time. We will notify you of any material changes by posting the updated terms on our website and, where we have your email address, by sending you notice at least thirty (30) days before the changes take effect. Your continued use of our services after the effective date of any changes constitutes your acceptance of the updated terms.
13. Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations under these terms where such failure or delay results from circumstances beyond the party’s reasonable control, including but not limited to natural disasters, pandemics, government actions, internet or technology failures, or civil disturbances. The affected party must notify the other party promptly and use reasonable efforts to mitigate the impact.
14. Indemnification
Clients agree to indemnify and hold harmless The Coul & Gold Group LLC and its members, employees, and contractors from any claims, losses, or expenses (including reasonable legal fees) arising from: (a) the client’s misuse of deliverables in a manner not authorized by these terms or the engagement agreement; (b) any misrepresentation of information provided to us by the client; or (c) the client’s violation of any applicable law in connection with the services.
15. General Provisions
Severability
If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Entire Agreement
These Terms of Service, together with any signed engagement agreement and our Privacy Policy, constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements, understandings, or representations.
Assignment
You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign our rights and obligations in connection with a merger, acquisition, or sale of substantially all our assets.
Waiver
Our failure to enforce any provision of these terms shall not constitute a waiver of that provision or our right to enforce it in the future.
16. Contact
For any questions about these terms, please contact us at info@coulandgold.com or write to:
The Coul & Gold Group LLC
30 N Gould St
Sheridan, WY 82801
United States