Terms of Service
The terms governing your use of zero-fog.com and the relationship between Zero Fog, LLC and visitors to this site.
These Terms of Service ("Terms") govern your use of the website located at zero-fog.com (the "Site"), operated by Zero Fog, LLC ("Zero Fog," "we," "us"). By accessing or using the Site, you agree to these Terms. If you do not agree, please do not use the Site.
1. Acceptable Use
You may use the Site for lawful purposes only. You agree not to:
- Use the Site in any way that violates applicable law or regulation
- Attempt to gain unauthorized access to any portion of the Site, our systems, or related infrastructure
- Interfere with or disrupt the Site or the servers and networks connected to it
- Use any automated system (scrapers, bots, etc.) to access the Site beyond what is permitted by our robots.txt
- Reproduce, distribute, modify, or create derivative works of Site content except as expressly permitted
- Submit false or misleading information through any form on the Site
2. Intellectual Property
All content on the Site — including text, graphics, logos, diagrams, methodologies, frameworks, and design elements — is owned by Zero Fog, LLC or its licensors and is protected by U.S. and international intellectual property laws.
You may:
- View the Site for personal or professional informational purposes
- Share links to Site pages on social media and professional networks
- Quote brief excerpts with proper attribution to Zero Fog
You may not, without our written permission:
- Reproduce significant portions of Site content
- Use Site content for commercial purposes
- Use Zero Fog's name, logo, or trademarks in any form that suggests endorsement or affiliation
- Use the Strategic Execution Intelligence framework, Execution Physics methodology, Capability Framework, or related intellectual property for commercial purposes outside of an engagement with Zero Fog
3. No Professional Advice
The content on the Site — including frameworks, methodologies, situational analyses, white papers, and reference cases — is provided for informational purposes only. It is not professional advice. Site content does not constitute consulting, legal, financial, accounting, tax, or other professional advice, and should not be relied upon as such.
If you need professional advice on your specific situation, please engage Zero Fog or another qualified advisor directly. Reading our Site does not create a consulting relationship.
4. Site Communications Are Not an Engagement
Submitting a fit-call request, sending us an email, or otherwise communicating with us through the Site does not create an engagement between you and Zero Fog. A consulting engagement begins only when both parties have executed a written engagement agreement. Until that agreement is in place, no professional relationship exists, no fiduciary duties are owed, and no work product is being created on your behalf.
5. Third-Party Links and References
The Site may contain links to third-party websites or reference third-party services (including Rejoyce, our peer software firm). We do not control these third parties and are not responsible for their content, policies, or practices. Your interactions with any third party are between you and that third party.
6. Accuracy of Information
We make reasonable efforts to ensure Site content is accurate and current, but we make no warranty or representation that any content is complete, accurate, current, or error-free. We may update, modify, or remove content at any time without notice. Frameworks, methodologies, and analytical approaches evolve as our practice and the Strategic Execution Intelligence discipline mature.
7. Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ZERO FOG DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components.
8. Limitation of Liability
To the fullest extent permitted by law, Zero Fog, its members, officers, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site, even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all claims arising out of or related to your use of the Site exceed one hundred U.S. dollars ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
9. Indemnification
You agree to defend, indemnify, and hold harmless Zero Fog, LLC and its members, officers, employees, and contractors from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of your violation of these Terms or your misuse of the Site.
10. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws principles. Any disputes arising out of or related to these Terms or your use of the Site shall be resolved in the state or federal courts located in Massachusetts, and you consent to the personal jurisdiction of such courts.
11. Changes to These Terms
We may update these Terms from time to time. Updates will be posted on this page with a revised "Last updated" date. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.
12. Termination
We may suspend or terminate your access to the Site at any time, without notice, for any reason — including violation of these Terms. Upon termination, all provisions of these Terms that by their nature should survive will survive, including intellectual property provisions, warranty disclaimers, limitations of liability, and dispute resolution.
13. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by Zero Fog on the Site, constitute the entire agreement between you and Zero Fog regarding your use of the Site. If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full effect.
14. Contact Us
Questions about these Terms?
If you have questions about these Terms or need to reach us on a legal matter, contact:
Zero Fog, LLC
Massachusetts, USA