Legal
Website Terms of Use
1. Introduction and Acceptance of Terms
These Website Terms of Use (“Terms”) govern your access to and use of Discernmentforhire.com and any webpages, content, features, forms, materials, or functionality made available through it (collectively, the “Website”).
The Website is operated by Discernment for Hire LLC (“DFH,” “we,” “us,” or “our”).
By accessing or using the Website, you agree to be bound by these Terms. Certain actions on the Website, including submitting an Inquiry, may require you to affirmatively confirm your agreement to these Terms.
If you do not agree to these Terms, do not use the Website.
These Terms govern Website use. They do not themselves create or govern a DFH client relationship. Any actual DFH client relationship is governed by the applicable written agreement between DFH and the client.
2. Definitions
For purposes of these Terms:
“DFH” means Discernment for Hire LLC.
“Website” means Discernmentforhire.com and the webpages, content, features, forms, materials, and functionality DFH makes available through it.
“Inquiry” means a communication submitted through DFH’s Website Inquiry process for the purpose of expressing interest in or seeking consideration for a potential DFH relationship.
“DFH Content” means the text, writing, concepts, descriptions, frameworks, methods, terminology, graphics, design elements, branding, photographs, audiovisual materials, downloadable materials, and other content made available by or through DFH on the Website, excluding material owned by third parties.
“Client Relationship” means an actual relationship in which DFH has agreed in writing to provide services to a client under an applicable engagement agreement or other written contractual arrangement.
References on the Website to Private Consigliere, Bounded Private Consigliere, Limited Advisory, or other DFH offerings describe potential structures through which DFH may work with clients. Website descriptions do not themselves establish a Client Relationship or the terms of any particular client matter.
3. Purpose and Scope of Website
The Website provides information about DFH, its perspective, its work, its potential relationship structures, and ways to contact or submit an Inquiry to DFH.
The Website may also contain editorial, educational, analytical, or other informational material.
The Website is not itself the delivery of a DFH client engagement. Accessing, reading, relying upon, communicating through, or otherwise using the Website does not make you a DFH client.
4. Descriptions of DFH and Its Offerings
The Website may describe DFH’s work and potential relationship structures, including Private Consigliere, Bounded Private Consigliere, and Limited Advisory.
Private Consigliere is relationship-bound and may involve DFH being retained around a private client rather than around one defined situation.
Bounded Private Consigliere is conclusion-bound and may involve DFH being retained around a defined situation through an agreed conclusion.
Limited Advisory is judgment-bound and may involve DFH being retained to reach and deliver independent judgment and counsel concerning a defined situation without the broader action, implementation, follow-through, or ongoing involvement associated with Private Consigliere work.
Website descriptions, examples, starting investments, availability statements, and other information concerning DFH’s offerings are informational. They do not constitute an offer that can be accepted merely by using the Website or submitting an Inquiry.
The actual scope, price, duration, responsibilities, conclusion or endpoint, confidentiality protections, access arrangements, payment terms, and other terms of any Client Relationship are determined through the applicable written client agreement.
DFH may decline any Inquiry or prospective relationship and is not obligated to accept any person or organization as a client.
5. Eligibility to Use Website
The Website is intended only for persons who are at least eighteen (18) years old.
By accessing or using the Website, you represent that you are at least eighteen years old.
If you are under eighteen, you may not use the Website, submit an Inquiry, or otherwise provide personal information through the Website.
6. No Client Relationship Created
Your use of the Website does not create a Client Relationship with DFH.
A Client Relationship is not created by visiting or using the Website; reading DFH Content; submitting an Inquiry; receiving an acknowledgment or response from DFH; being placed on or remaining on a waiting list; participating in preliminary communications; discussing a possible scope or relationship; providing information to assist DFH in considering a potential relationship; receiving pricing or other preliminary information; or DFH expressing interest in continuing a conversation.
A Client Relationship begins only when DFH and the applicable client enter into the written contractual arrangement required by DFH for that relationship.
Until then, you should not assume that DFH represents, advises, owes duties to, or has agreed to act for you.
A Private Consigliere or Bounded Private Consigliere Initial Assessment Period, once established through the applicable written agreement and activated in accordance with its terms, is a substantive Client Relationship for the assessment period. Acceptance into an Initial Assessment Period does not constitute DFH’s agreement to continue into a full Private Consigliere or Bounded Private Consigliere engagement.
7. Inquiry and Pre-Engagement Communications
DFH’s Inquiry process allows prospective clients or persons acting for them to provide enough information for DFH to understand why they are reaching out and determine whether further consideration may be appropriate.
Submitting an Inquiry does not guarantee consideration within any particular period, acceptance, availability, or a Client Relationship.
Where DFH maintains a private waiting list, placement on that list does not reserve DFH’s services or establish when an Inquiry will be considered.
Do not submit highly sensitive documents or information through the initial Inquiry process unless DFH has established appropriate protections for receiving that information.
Information submitted before a Client Relationship exists is handled in accordance with DFH’s Privacy Policy and applicable law. However, an Inquiry or other preliminary communication does not, by itself, create the contractual confidentiality protections, fiduciary duties, professional privileges, or other obligations that may exist under a later written client agreement.
If DFH determines that additional confidential information is appropriate for further consideration, DFH may establish a separate process or confidentiality arrangement before receiving it.
8. Professional Boundaries and Specialized Professional Relationships
DFH provides independent judgment, inquiry, discernment, research, analysis, counsel, and related work within the scope of the particular DFH relationship.
DFH is not a law firm, medical practice, mental-health provider, accounting firm, investment adviser, licensed security provider, or other licensed professional practice merely because legal, medical, psychological, financial, accounting, security, employment, or other specialized subjects may arise in DFH’s work or Website content.
Nothing on the Website constitutes legal, medical, mental-health, tax, accounting, investment, financial, security, or other regulated professional advice.
Where a matter requires advice or services from an appropriately licensed or specialized professional, users and clients remain responsible for obtaining that professional assistance. DFH may recommend, communicate with, or work alongside specialists where appropriate and authorized, but such involvement does not transform DFH into that specialist.
9. User Responsibilities
You are responsible for your use of the Website and for information you choose to submit through it.
You agree to provide information that is materially accurate and not intentionally misleading when using Website forms or communicating with DFH through the Website.
You are responsible for evaluating whether information available through the Website is appropriate for your circumstances and for obtaining specialized professional advice when needed.
You are also responsible for maintaining the security of your own devices, accounts, networks, and communications used to access the Website.
10. Acceptable and Prohibited Uses
You may use the Website only for lawful purposes and in a manner consistent with these Terms.
You may not interfere with, disrupt, damage, disable, or impair the Website or systems supporting it; attempt unauthorized access; probe or test vulnerabilities without prior written authorization; introduce malicious technology; transmit unlawful, fraudulent, threatening, defamatory, infringing, or malicious material; impersonate another person; circumvent technical protections; scrape, harvest, systematically extract, reproduce, index, download, or collect DFH Content through automated means except as expressly authorized by DFH or as necessary for ordinary operation of a generally available search engine; use bots, crawlers, automated agents, artificial-intelligence systems, machine-learning systems, data-mining tools, or similar technologies to extract, ingest, reproduce, analyze, train upon, fine-tune upon, benchmark against, build datasets from, or commercially exploit DFH Content without DFH’s prior written permission; use DFH Content to create or improve a competing product, service, framework, methodology, dataset, model, or commercial offering; remove or obscure proprietary notices; or assist another person in doing anything prohibited by these Terms.
DFH may take reasonable technical or legal measures to prevent or respond to prohibited use.
11. DFH Intellectual Property
As between you and DFH, DFH owns or controls the Website and DFH Content, including DFH’s original writing, presentation, organization, methods, frameworks, terminology, branding, graphics, design elements, and other protectable materials, subject to any rights belonging to third parties.
DFH Content may be protected by copyright, trademark, trade-dress, unfair-competition, contractual, and other applicable laws.
Nothing in these Terms transfers ownership of DFH Content or grants an implied license beyond the limited permission expressly stated in these Terms.
The absence of a registration symbol does not constitute a waiver of any rights DFH may possess.
12. Permitted Use of DFH Content
Subject to these Terms, DFH grants you a limited, revocable, nonexclusive, nontransferable permission to access and view publicly available DFH Content for your own lawful, personal, or internal informational use.
Unless DFH gives prior written permission or applicable law independently permits the activity, you may not reproduce, republish, distribute, sell, license, modify, adapt, publicly display, publicly perform, create derivative works from, commercially exploit, or systematically collect DFH Content.
Limited quotations for legitimate commentary, criticism, scholarship, journalism, or other legally protected purposes must not falsely imply DFH’s endorsement and should include appropriate attribution where applicable.
Nothing in these Terms is intended to eliminate rights that applicable law gives you regardless of contractual permission.
13. User-Submitted Materials and Communications
You retain whatever ownership rights you otherwise possess in materials you submit to DFH through the Website.
You grant DFH permission to receive, process, review, reproduce internally, and use submitted material to the extent reasonably necessary to operate the Website; receive and evaluate your Inquiry or communication; respond to you; protect DFH, the Website, or others; comply with law; and perform other purposes described in the Privacy Policy.
You represent that you have the right and authority to submit the information or materials you provide and that doing so does not unlawfully violate another person’s rights.
Submitting material through the Website does not give DFH ownership of your underlying material and does not authorize DFH to publicly disclose or commercially exploit the substance of an Inquiry merely because you submitted it.
14. Third-Party Websites, Resources, and Services
The Website may link to or interact with websites, resources, platforms, tools, or services operated by third parties.
DFH does not control third-party services and is not responsible for their content, availability, security, privacy practices, terms, representations, or conduct.
A link, reference, or technical integration does not necessarily constitute endorsement.
Your use of a third-party service is governed by the terms and policies applicable to that service.
15. Accuracy, Completeness, and Changes to Website Information
DFH seeks to present Website information responsibly but does not promise that every item on the Website will always be complete, current, error-free, or appropriate for every circumstance.
Information may become outdated as DFH’s business, availability, offerings, pricing, practices, technology, or circumstances change.
DFH may correct, update, remove, reorganize, or otherwise modify Website content without prior notice.
Information concerning a potential DFH relationship remains subject to the actual written client agreement. If Website information conflicts with a fully executed client agreement governing a Client Relationship, the client agreement controls with respect to that Client Relationship.
16. No Guarantees and Reliance on Outcomes
DFH does not guarantee that use of the Website, DFH Content, an Inquiry, or any information presented through the Website will produce a particular result.
Descriptions of DFH’s judgment, methods, involvement, depth of inquiry, or relationship structures are descriptions of DFH’s approach and do not constitute guarantees of business, financial, legal, reputational, relational, personal, strategic, or other outcomes.
You remain responsible for decisions you make based on publicly available Website information.
Any separate responsibilities or commitments arising in an actual Client Relationship are governed by the applicable written client agreement, not this Section.
17. Website Availability, Security, and Technical Issues
DFH may use hosting providers, content-management systems, caching or performance technologies, security measures, email systems, and other service providers or technical infrastructure to operate and protect the Website.
DFH takes reasonable measures appropriate to the Website to support security and reliable operation, but no Website, transmission method, server, network, or electronic system can be guaranteed to be continuously available, completely secure, or error-free.
The Website may experience downtime, interruptions, delays, errors, maintenance, malicious activity, technical failures, or circumstances outside DFH’s reasonable control.
DFH may suspend, restrict, modify, or discontinue any portion of the Website when reasonably necessary for maintenance, security, legal compliance, operational needs, or other legitimate purposes.
You should not use the Website as an emergency communication channel.
18. Privacy Policy
DFH’s Privacy Policy describes how DFH handles personal information through the Website and during the Inquiry and pre-engagement process.
The Privacy Policy is a separate disclosure of DFH’s privacy practices and is not itself a client agreement or a contract for DFH services.
You should review the Privacy Policy before submitting personal information through the Website.
19. Cookies and Similar Technologies
DFH and service providers supporting the Website may use cookies and similar technical mechanisms where reasonably necessary or useful for Website functionality, security, caching, preferences, performance, or ordinary operations.
DFH does not currently intentionally use behavioral advertising or cross-site tracking through the Website.
Technical practices may change as the Website and its supporting services evolve. If DFH materially changes its use of cookies or similar technologies, DFH may update its disclosures and, where applicable, implement additional consent mechanisms.
Additional information concerning Website data practices appears in the Privacy Policy.
20. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND DFH CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
DFH DISCLAIMS WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, CONCERNING THE WEBSITE AND DFH CONTENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.
DFH DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, FREE OF HARMFUL COMPONENTS, OR THAT DEFECTS WILL ALWAYS BE CORRECTED.
DFH DOES NOT WARRANT THAT WEBSITE INFORMATION WILL BE COMPLETE, CURRENT, OR SUITABLE FOR YOUR PARTICULAR CIRCUMSTANCES.
Some jurisdictions do not permit certain warranty exclusions. To the extent an exclusion is prohibited by applicable law, that exclusion applies only to the maximum extent legally permitted.
This Section concerns the Website and DFH Content. It does not replace warranties, representations, duties, or other terms expressly contained in a written agreement governing an actual Client Relationship.
21. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DFH AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, LOSS OF GOODWILL, OR SIMILAR LOSSES, ARISING FROM OR RELATING TO THE WEBSITE, DFH CONTENT, OR THESE TERMS, EVEN IF THE POSSIBILITY OF SUCH DAMAGES WAS KNOWN OR COULD HAVE BEEN FORESEEN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DFH’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE WEBSITE, DFH CONTENT, OR THESE TERMS WILL NOT EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).
The foregoing limitations do not apply to liability that applicable law does not permit DFH to exclude or limit, including liability to the extent resulting from DFH’s fraud, gross negligence, or willful misconduct where such liability cannot lawfully be limited.
These limitations concern Website use and these Terms. They do not establish the liability allocation applicable to a Client Relationship. Liability arising from an actual Client Relationship is governed by the applicable written client agreement.
Nothing in this Section limits liability that a user may owe DFH for infringement, misappropriation, unauthorized exploitation of DFH Content, fraud, unlawful conduct, or violation of these Terms.
22. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless DFH and its members, officers, employees, contractors, agents, and representatives from third-party claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys’ fees arising from or relating to your unlawful use of the Website; material you submit through the Website in violation of another person’s rights; your infringement or misappropriation of DFH’s or another person’s intellectual-property or proprietary rights; your fraudulent, malicious, or intentionally wrongful conduct involving the Website; or your material violation of Section 10 of these Terms.
DFH may assume control of the defense of a matter subject to indemnification where reasonably necessary to protect its interests. You may not settle a claim in a manner that admits wrongdoing by, imposes obligations on, or otherwise materially affects DFH without DFH’s prior written consent.
This Section does not require indemnification to the extent prohibited by applicable law.
23. Governing Law
These Terms and disputes arising from or relating to these Terms or Website use are governed by the laws of the State of Georgia, without regard to conflict-of-laws principles that would require application of another jurisdiction’s law.
This choice of law does not deprive a user of nonwaivable protections that applicable law requires to apply.
24. Dispute Resolution and Venue
Before filing a non-emergency legal action arising from or relating to these Terms or Website use, the complaining party must provide written notice describing the dispute and allow thirty (30) days for the parties to attempt in good faith to resolve it informally.
Notices to DFH under this Section must be sent to legal@discernmentforhire.com.
The informal-resolution requirement does not prevent either party from seeking a temporary restraining order, injunction, or other emergency or equitable relief where delay could cause irreparable harm, permit ongoing infringement or misuse, compromise security, or materially impair a party’s rights.
Subject to applicable jurisdictional and mandatory venue requirements, any judicial proceeding arising from or relating to these Terms or Website use must be brought exclusively in the appropriate state court located in Gwinnett County, Georgia, or, where federal subject-matter jurisdiction exists, in the federal court with proper jurisdiction covering Gwinnett County, Georgia.
Each party consents to the personal jurisdiction of those courts to the extent such consent is legally effective.
Nothing in these Terms creates subject-matter jurisdiction where it does not otherwise exist or overrides a venue rule that applicable law makes mandatory.
These Terms do not require mandatory arbitration, waive a right to jury trial where such right otherwise exists, establish a class-action waiver, or create a general prevailing-party right to attorneys’ fees.
25. Changes to These Terms
DFH may revise these Terms from time to time to reflect changes in the Website, DFH’s practices, legal requirements, technology, or other circumstances.
When DFH makes changes, DFH may update the “Last Updated” date and take other steps reasonably appropriate to communicate material changes.
Unless otherwise stated, revised Terms apply prospectively from their effective date.
Changes to these Website Terms do not retroactively amend a separate written agreement governing an existing Client Relationship.
Your continued use of the Website after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law. Where DFH determines that affirmative assent is appropriate, DFH may require it.
26. Severability, Waiver, and Interpretation
If any provision of these Terms is held unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or, where appropriate, severed without invalidating the remaining provisions.
DFH’s failure to enforce a provision on one occasion does not waive its right to enforce that provision or another provision later.
Headings are provided for organization and convenience and do not independently alter the meaning of these Terms.
Words such as “including” and “includes” are illustrative and do not limit the general language preceding them.
These Terms should not be interpreted against a party merely because that party participated in drafting them.
27. Entire Agreement Concerning Website Use
These Terms, together with provisions expressly incorporated into them, constitute the entire agreement between you and DFH concerning your use of the Website and supersede prior or contemporaneous understandings concerning that Website use.
This Section is deliberately limited to Website use.
It does not supersede, modify, merge into, or replace any nondisclosure agreement, confidentiality agreement, client agreement, engagement schedule, written pre-engagement arrangement, or other separate agreement between you and DFH.
If a separate written agreement expressly governs a subject differently in connection with an actual Client Relationship or protected pre-engagement process, that separate agreement controls with respect to that subject and relationship.
28. Survival
Any provision of these Terms that by its nature should remain effective after your Website use ends will survive, including provisions concerning intellectual property, prohibited exploitation, disclaimers, limitations of liability, indemnification, governing law, dispute resolution, and provisions necessary to interpret or enforce those rights and obligations.
Termination or cessation of Website use does not extinguish rights, obligations, claims, or liabilities that accrued before termination.
29. Contact Information
For formal legal notices concerning these Terms:
Discernment for Hire LLC
Email: legal@discernmentforhire.com
Website: Discernmentforhire.com
For privacy questions or requests, use the contact information identified in DFH’s Privacy Policy.
Submitting a communication to the legal-notice address does not create a Client Relationship and should not be used for emergencies or ordinary prospective-client Inquiries.