Terms of Service

These Terms of Service (the “Terms”) constitute a legally binding agreement between you and Gemstone Consulting Services, LLC (“Gemstone,” “we,” “us,” or “our”) governing your access to and use of the website located at scalewithstone.com, together with any subdomains, pages, and scheduling tools made available through it (collectively, the “Site”).

By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Site.

Site

The website at scalewithstone.com, including all pages, content, and the embedded scheduling tool made available through it.

Services

Software development, consulting, hosting, maintenance, or related professional services performed by Gemstone under a separate written agreement. The Services are not provided through the Site.

Content

All text, graphics, images, logos, marks, layouts, page designs, code, and other material made available on or through the Site.

You

The individual accessing the Site, and, where the individual does so on behalf of an entity, that entity. If you are acting on behalf of an entity, you represent that you have authority to bind it to these Terms.

The Site is intended for use by individuals who are at least eighteen (18) years of age and who have the legal capacity to enter into a binding contract. By using the Site, you represent and warrant that you meet these requirements. The Site is directed to businesses and business decision-makers and is not intended for personal, family, or household use.

These Terms govern your use of the Site and nothing more. They do not create, evidence, or constitute an agreement for the provision of Services, and no provision of these Terms shall be construed as an offer to perform Services or as an acceptance of any request for Services.

Any Services performed by Gemstone are governed exclusively by a separate written agreement executed by both parties (an “Engagement Agreement”). In the event of any conflict or inconsistency between these Terms and an Engagement Agreement with respect to the subject matter of that Engagement Agreement, the Engagement Agreement shall control.

Descriptions of pricing, deliverables, timelines, terms, service levels, or commercial arrangements appearing anywhere on the Site are provided for general informational purposes only. Such descriptions are illustrative, are subject to change without notice, and do not constitute a binding offer, quotation, warranty, or commitment of any kind.

The Content is provided for general informational purposes only and does not constitute technical, business, financial, tax, accounting, or legal advice. No attorney-client, fiduciary, advisory, or other professional relationship is created by your access to or use of the Site.

Case studies, outcome figures, cost comparisons, and similar materials appearing on the Site describe particular past circumstances and are not a prediction, guarantee, or representation of results that may be achieved in any other circumstance. You should not act or refrain from acting on the basis of the Content without obtaining professional advice appropriate to your specific situation.

Subject to your compliance with these Terms, Gemstone grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for your own internal business evaluation purposes. All rights not expressly granted are reserved.

You agree that you will not:

• Use the Site for any unlawful purpose or in violation of any applicable law, rule, or regulation.
• Copy, reproduce, republish, distribute, sell, license, or create derivative works from the Content, except as expressly permitted by these Terms or by applicable law.
• Use any robot, spider, scraper, crawler, or other automated means to access the Site or to collect, extract, or index the Content, other than by publicly available search engine indexing conducted in accordance with our robots directives.
• Use the Content, in whole or in part, to train, fine-tune, or otherwise develop any machine learning or artificial intelligence model, without our prior written consent.
• Attempt to gain unauthorized access to the Site, any server or system on which it is hosted, or any account, system, or network connected to it.
• Probe, scan, or test the vulnerability of the Site, or breach or circumvent any security, rate-limiting, or authentication measure.
• Interfere with or disrupt the integrity, availability, or performance of the Site, including by transmitting any virus, malware, or other harmful code.
• Submit false, misleading, or fraudulent information through the scheduling tool, or make bookings other than for the genuine purpose of discussing a prospective engagement.
• Remove, obscure, or alter any copyright, trademark, or other proprietary notice appearing on the Site.
• Use the Site to send unsolicited commercial communications, or to harvest contact information for that purpose.

The Site and all Content are owned by Gemstone or its licensors and are protected by United States and international copyright, trademark, trade dress, and other intellectual property laws. “Gemstone Consulting Services,” the Gemstone mark and wordmark, and all associated logos and designs are trademarks or trade dress of Gemstone. Nothing in these Terms grants you any right, title, or interest in or to any of the foregoing.

Third-party names, marks, and logos appearing on the Site are the property of their respective owners and are used for identification purposes only. Their appearance does not imply any affiliation with, sponsorship by, or endorsement of Gemstone.

If you submit any suggestion, idea, feedback, or other material to us through the Site, you grant Gemstone a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable license to use, reproduce, modify, and otherwise exploit that material for any purpose, without obligation, attribution, or compensation to you.

The Site embeds a scheduling tool operated by Gemstone using Cal.com software, presented within a framed interface. Your use of that tool may be subject to the terms and policies of the software provider and of the infrastructure providers on which it runs, in addition to these Terms.

The Site may also contain links to third-party websites, resources, or services. Such links are provided for convenience only. Gemstone does not control, endorse, monitor, or assume responsibility for the content, policies, availability, or practices of any third party, and your dealings with any third party are solely between you and that third party.

The Site allows you to request a scoping call. Submitting a booking request constitutes an inquiry only. It does not constitute an offer capable of acceptance, an engagement of Gemstone, or a commitment by either party to enter into any agreement. Gemstone reserves the right, in its sole discretion and for any reason, to decline, reschedule, or cancel any booking, and to decline to enter into any engagement.

By submitting a booking request or otherwise contacting us through the Site, you consent to receive communications from Gemstone by electronic means concerning that request, including by email and calendar invitation. You agree that such electronic communications satisfy any legal requirement that a communication be in writing.

You are responsible for ensuring that any information you provide through the scheduling tool is accurate and that you are authorized to provide it. You should not submit confidential, proprietary, personally sensitive, or regulated information through the scheduling tool. Information submitted before a written confidentiality agreement is in effect is not subject to any obligation of confidentiality on our part, except as required by applicable law or as described in our Privacy Policy.

Gemstone reserves the right at any time, and without notice or liability, to modify, suspend, or discontinue the Site or any part of it, to change the Content, and to impose limits on certain features or restrict access to some or all of the Site. We do not warrant that the Site will be available at any particular time or location, uninterrupted, or free of errors.

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GEMSTONE DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, GEMSTONE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE CONTENT IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the foregoing exclusions apply to the fullest extent permitted by applicable law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GEMSTONE, ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT GEMSTONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF GEMSTONE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

These limitations apply to your use of the Site only and do not limit or modify any liability provision contained in an Engagement Agreement. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; in such jurisdictions, our liability is limited to the fullest extent permitted by applicable law.

You agree to indemnify, defend, and hold harmless Gemstone and its members, officers, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the Site, your violation of these Terms, your violation of any applicable law, or your violation of the rights of any third party. Gemstone reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of that matter.

Our collection and use of information in connection with the Site is described in our Privacy Policy, available at scalewithstone.com/legal/privacy, which is incorporated into these Terms by reference. By using the Site, you consent to the practices described in that policy.

These Terms and any dispute arising out of or relating to them or to the Site shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You and Gemstone agree that the exclusive venue for any action arising out of or relating to these Terms or the Site shall be the state or federal courts located in the State of Florida, and each party irrevocably consents to the personal jurisdiction of those courts and waives any objection to venue or forum non conveniens in those courts.

If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local law.

Before initiating any legal proceeding arising out of or relating to these Terms or the Site, the parties agree to attempt in good faith to resolve the dispute informally. The party raising the dispute shall provide written notice describing it to the other party — notice to Gemstone may be sent to connor@scalewithstone.com — and the parties shall confer in good faith for a period of thirty (30) days following that notice.

To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms or the Site must be brought within one (1) year after the cause of action accrues, and each party waives any right to bring such a claim as a class, collective, or representative action.

Gemstone may revise these Terms from time to time in its sole discretion. When we do, we will update the effective date shown at the top of this page. Material changes will take effect upon posting to the Site. Your continued access to or use of the Site after the effective date of any revision constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

Entire agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Gemstone concerning the Site and supersede all prior or contemporaneous understandings concerning that subject matter. They do not supersede any Engagement Agreement.

Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. Gemstone may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

Waiver

No failure or delay by Gemstone in exercising any right under these Terms shall operate as a waiver of that right, and no single or partial exercise shall preclude any further exercise of it.

No third-party beneficiaries

These Terms are for the sole benefit of you and Gemstone and confer no rights upon any third party.

Force majeure

Gemstone shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental action, power or network failures, or failures of third-party service providers.

Survival

The provisions concerning intellectual property, disclaimer of warranties, limitation of liability, indemnification, governing law and venue, dispute resolution, and this section survive any termination of these Terms.

Questions about these Terms may be directed to Gemstone Consulting Services, LLC by email at connor@scalewithstone.com. We aim to respond to inquiries within a reasonable period.