These Terms of Service ("Terms") form a binding agreement between you and Acacia Lake Consulting, LLC ("Acacia Lake," "we," "our," or "us") governing your access to and use of acacialakeconsulting.com (the "Site") and the informational content and resources we make available through it. By accessing or using the Site, you accept these Terms in full. If you do not agree, do not use the Site.
1. Acceptance of Terms
By accessing, browsing, or otherwise using the Site, you confirm that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind that entity, in which case "you" refers to that entity.
We may modify these Terms at any time. The "Last Updated" date at the top of this page reflects the most recent revision. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.
2. Nature of the Site and Services
The Site is an informational marketing presence that describes Acacia Lake Consulting and the categories of professional services we offer. The Site does not constitute, and your use of the Site does not create:
- An offer to provide services
- A consulting, advisory, attorney-client, or fiduciary relationship
- A contract for services of any kind
- A guarantee of outcome or availability
Engagement of Acacia Lake for any service is established only by a separate written engagement agreement signed by both parties, which will govern the specific scope, fees, deliverables, and terms of that engagement.
3. Permitted Use
You may use the Site for lawful, personal, and legitimate business purposes, including:
- Reviewing information about our firm and services
- Submitting inquiries through our contact forms
- Communicating with us regarding potential engagements
You may not use the Site for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Site's operation or interfere with others' use of it.
4. Prohibited Conduct
You agree that you will not, and will not permit any third party to:
- Access or use the Site through automated means (bots, scrapers, crawlers, harvesters) without our prior written consent, except for legitimate search engine indexing
- Attempt to gain unauthorized access to any portion of the Site, server, or related infrastructure
- Reverse engineer, decompile, or attempt to derive source code from any portion of the Site
- Probe, scan, or test the vulnerability of any system or network
- Introduce viruses, malware, ransomware, trojan horses, worms, or other harmful code
- Use the Site to send unsolicited commercial communications, spam, or phishing attempts
- Misrepresent your identity, affiliation, or authorization to act on behalf of any person or entity
- Collect or harvest personal information about Site visitors, including our personnel
- Frame, mirror, or republish any portion of the Site without our prior written permission
- Use the Site in any manner that violates any applicable federal, state, local, or international law
- Interfere with, disrupt, or attempt to disrupt the integrity or performance of the Site
We reserve the right to block, suspend, or terminate access to the Site for any user who violates these Terms, and to refer suspected criminal violations to appropriate law enforcement authorities.
5. Intellectual Property Rights
All content on the Site — including but not limited to text, graphics, logos, icons, photographs, audio clips, video clips, software, page layout, design, structure, organization, and source code — is the property of Acacia Lake Consulting, LLC or its licensors and is protected by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property laws.
The name "Acacia Lake Consulting," our logo, our color and design system, our service category framework, and all related names, logos, designations, and slogans are trademarks of Acacia Lake Consulting, LLC. You may not use these marks without our prior written permission.
You are granted a limited, revocable, non-exclusive, non-transferable license to access and view the Site for personal or legitimate business purposes only. This license does not include the right to:
- Reproduce, distribute, modify, or create derivative works of any Site content
- Use any portion of the Site for commercial purposes without our written authorization
- Remove, alter, or obscure any copyright, trademark, or proprietary notice
6. User Submissions
Any information you submit through our contact forms, inquiries, or other communications ("Submissions") will be treated in accordance with our Privacy Policy. By submitting information through the Site, you represent that:
- The Submission is accurate, current, and complete to the best of your knowledge
- You have the legal right to provide the Submission
- The Submission does not violate any third-party rights, including privacy or intellectual property rights
- The Submission does not contain unlawful, defamatory, threatening, obscene, or otherwise objectionable material
You grant us a non-exclusive, royalty-free, worldwide license to use, store, and process Submissions for the purposes of responding to your inquiry and providing services in connection with any subsequent engagement.
7. No Professional Advice
The content on the Site is provided for general informational purposes only. It does not constitute, and should not be relied upon as:
- Legal advice
- Financial, investment, or tax advice
- Medical or psychological advice
- Security, intelligence, or operational advice for specific circumstances
- Engineering, architectural, or technical specifications
- Any other form of professional advice
You should not act or refrain from acting on the basis of Site content without obtaining professional counsel appropriate to your specific situation. Reading the Site, contacting us through the Site, or receiving informational responses does not create any advisory or professional relationship.
8. Disclaimer of Warranties
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED ON OR ACCESSIBLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties that the Site will be uninterrupted, error-free, secure, or free from viruses or other harmful components
- Warranties regarding the accuracy, reliability, completeness, or timeliness of any content
- Warranties that defects will be corrected
- Warranties arising from course of dealing or usage of trade
No advice or information, whether oral or written, obtained by you from us or through the Site, will create any warranty not expressly stated in these Terms.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ACACIA LAKE CONSULTING, LLC, ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY:
- Indirect, incidental, special, consequential, exemplary, or punitive damages
- Loss of profits, revenue, business opportunities, goodwill, data, use, or other intangible losses
- Damages resulting from your access to, use of, or inability to access or use the Site
- Damages resulting from any unauthorized access to or alteration of your transmissions or data
- Damages resulting from any third-party content or conduct on the Site
- Damages resulting from any other matter relating to the Site
This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damages.
To the extent applicable law does not permit the exclusion of certain warranties or the limitation of certain damages, our aggregate liability arising out of or related to these Terms and your use of the Site will not exceed one hundred U.S. dollars ($100.00).
10. Indemnification
You agree to defend, indemnify, and hold harmless Acacia Lake Consulting, LLC, its owners, members, officers, employees, agents, and contractors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including reasonable attorneys' fees) arising from:
- Your use of and access to the Site
- Your violation of any term of these Terms
- Your violation of any third-party right, including without limitation any copyright, property, or privacy right
- Any claim that your Submissions caused damage to a third party
This indemnification obligation will survive termination of these Terms and your use of the Site.
11. Third-Party Links and Services
The Site may contain links to third-party websites, applications, or services that are not owned or controlled by Acacia Lake Consulting. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services.
You acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any third-party content, goods, or services. We strongly advise you to read the terms and privacy policies of any third-party sites you visit.
12. Site Availability and Modifications
We reserve the right, at any time and without notice, to:
- Modify, suspend, or discontinue the Site or any portion of it
- Change the content, features, or functionality of the Site
- Impose limits on certain features or restrict access to parts or all of the Site
We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.
13. Confidentiality of Communications
While we treat all client communications with the discretion expected of a professional advisory firm, communications submitted through the Site's public-facing contact forms are not protected by any privilege (such as attorney-client or doctor-patient privilege). Do not submit confidential, privileged, or highly sensitive information through public-facing forms. If you need to communicate sensitive information, contact us by phone or email to establish appropriate channels.
14. Engagement Agreements Control
If you engage Acacia Lake Consulting for paid services, the specific terms of that engagement will be governed by a separate written engagement agreement. In the event of any conflict between these Terms and the terms of an engagement agreement, the engagement agreement will control with respect to the subject matter of that engagement. These Terms continue to apply to your general use of the Site.
15. Termination
We reserve the right, in our sole discretion and without notice, to terminate or suspend your access to the Site at any time, for any reason or no reason. Upon termination, all provisions of these Terms that by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability) will survive.
16. Governing Law and Venue
These Terms and any dispute arising out of or related to these Terms or your use of the Site will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.
You agree that any legal action, suit, or proceeding arising out of or related to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in Cameron County, Texas, and you irrevocably submit to the personal jurisdiction of such courts. You waive any objection to the laying of venue in such courts and any claim that such action has been brought in an inconvenient forum.
17. Dispute Resolution
Before initiating any legal action, the parties agree to attempt in good faith to resolve any dispute through direct, informal negotiation. The party initiating the dispute will provide written notice to the other party describing the nature of the dispute and the relief sought. The parties will then engage in good-faith discussions for at least thirty (30) days before any formal legal action may be filed.
This provision does not prevent either party from seeking injunctive or equitable relief in court to protect intellectual property rights, confidential information, or to prevent imminent harm.
18. Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be replaced with a valid provision that most closely matches the intent of the original.
19. No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by an authorized representative of Acacia Lake Consulting, LLC.
20. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
21. Entire Agreement
These Terms, together with our Privacy Policy and any engagement agreements you have entered into with us, constitute the entire agreement between you and Acacia Lake Consulting, LLC regarding your use of the Site, and supersede all prior agreements and understandings, whether written or oral, regarding the subject matter herein.
22. Contact
If you have any questions about these Terms, please contact us:
These Terms of Service are provided as a baseline framework. They do not constitute legal advice, and they do not anticipate every possible circumstance. For specific legal questions or before relying on these Terms in any consequential matter, consult a qualified attorney in your jurisdiction.