Last Updated: January 2, 2025
PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE ACCESSING OR USING ANY SERVICES PROVIDED BY MPE CONSULTING GROUP ("CONSULTANT," "COMPANY," "WE," "US," OR "OUR"). BY ACCESSING THIS WEBSITE, SUBMITTING ANY FORM, SCHEDULING ANY CONSULTATION, OR ENGAGING ANY SERVICES, YOU ("CLIENT," "USER," OR "YOU") ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL TERMS, DO NOT USE OUR SERVICES.
1. Definitions
For purposes of these Terms:
- "Services" means all consulting, advisory, program management, document preparation, readiness assessment, training, and other professional services provided by Consultant.
- "Deliverables" means all documents, reports, frameworks, policies, SOPs, assessments, templates, presentations, and other work product prepared by Consultant.
- "Client Materials" means all information, data, documents, records, and materials provided by Client to Consultant in connection with the Services.
- "Confidential Information" means non-public information disclosed by either party that is designated as confidential or that reasonably should be understood to be confidential.
- "Fees" means all amounts payable by Client to Consultant for Services, including deposits, retainers, and contingency fees.
2. Acceptance of Terms and Legal Agreement
By accessing this website, engaging our Services, submitting any forms, scheduling consultations, or entering into any service agreement with Consultant, you acknowledge that you have read, understood, and agree to be legally bound by these Terms in their entirety. These Terms constitute a legally binding agreement between you and Consultant.
BINDING AGREEMENT: These Terms constitute a binding legal contract. You represent and warrant that you have the legal capacity and authority to enter into this agreement on behalf of yourself or the entity you represent.
3. Description of Services
Consultant provides professional consulting services including but not limited to:
- Business consulting, strategic planning, and management advisory services
- Program management and project controls
- Compliance readiness, audit preparation, and credentialing support
- EHS (Environmental, Health & Safety) program development and operational support
- Construction management and owner's representation services
- Government contracting support and certification guidance
- Business funding consultation, preparation, and packaging services
- Credit advising, dispute guidance, and financial education
- Debt consolidation and restructuring advisory
- Asset recovery and unclaimed funds location
- Tax resolution support and IRS negotiation assistance
- Estate planning and trust consultation
- Real estate advisory services
- Website design, AI automation, and workflow optimization
- Partnership development services
4. Critical Disclaimers
4.1 No Legal, Tax, or Professional Advice
IMPORTANT DISCLAIMER: CONSULTANT IS NOT A LAW FIRM, ACCOUNTING FIRM, REGISTERED INVESTMENT ADVISOR, MEDICAL PRACTICE, OR LICENSED ENGINEERING FIRM. NOTHING PROVIDED BY CONSULTANT CONSTITUTES LEGAL ADVICE, TAX ADVICE, INVESTMENT ADVICE, MEDICAL ADVICE, OR ANY OTHER FORM OF LICENSED PROFESSIONAL ADVICE. NO ATTORNEY-CLIENT, ACCOUNTANT-CLIENT, PHYSICIAN-PATIENT, OR OTHER PROFESSIONAL RELATIONSHIP IS CREATED BY YOUR USE OF THIS WEBSITE OR ENGAGEMENT OF OUR SERVICES.
For legal matters, consult a licensed attorney. For tax matters, consult a licensed CPA, enrolled agent, or tax attorney. For investment advice, consult a registered investment advisor. For medical matters, consult a licensed physician. For engineering matters, consult a licensed professional engineer.
4.2 No Guarantee of Outcomes
Consultant warrants its own performance as stated in Section 12.1. Consultant does not warrant, guarantee, or predict any outcome decided by a third party, including:
- Accreditation or certification determinations by any accrediting body
- Regulatory determinations by OSHA, EPA, DOT, TSA, FEMA, CMS, or any other agency
- Audit findings or inspection results
- Grant awards, renewals, or contract awards on any solicitation
- Credit bureau or furnisher dispute results, or any change to a credit score
- Loan, funding, or credit application approvals, amounts, or rates
- Positions taken or accepted by any tax authority
- Debt reduction percentages or settlement amounts
- Cost savings, return on investment, or budget performance
- Safety metrics, incident rates, or experience modification ratings
- Any specific completion date where the schedule depends on Client access or third-party response
The warranties Consultant does give, the warranties it disclaims, and the remedies available to Client are set out in full in Section 12, which controls over this summary.
4.3 Credit-Related Services and the Credit Repair Organizations Act
Where Consultant assists an individual with disputes concerning information the individual believes is inaccurate, incomplete, or unverifiable, Consultant does not characterize that work as falling outside the Credit Repair Organizations Act, 15 U.S.C. § 1679 et seq., merely by labeling it consulting or education. Whether the Act applies is determined by the nature of the services performed and the compensation arrangement, not by this document.
Accordingly, for any consumer credit-related engagement: the applicable written agreement will contain the disclosures that Act requires, Client's right to cancel within three (3) business days without penalty is preserved, and Consultant will not collect a fee before the agreed services are fully performed where the Act so requires. Consultant does not remove accurate, complete, and verifiable information, does not promise any score change or timeframe, and does not create or advise on a new credit identity. Client remains the party of record in all communications with credit bureaus, furnishers, creditors, and collection agencies. Nothing in these Terms waives any right or remedy that Act or Georgia law provides.
5. Allocation of Responsibility
These Terms do not attempt to place every risk on Client. Each controllable risk is allocated to the party that actually controls it, and outcomes controlled by neither party are warranted by neither party. The following matrix governs allocation and is read together with the warranty, liability, and indemnification provisions in Sections 12 through 14.
Professional standard of care in performing the Services
MPEPerforming the Services with the reasonable care, skill, and diligence of a competent management consulting firm performing comparable work.
Why here: MPE controls how it staffs and performs its own work, so it warrants its own performance.
Accuracy and completeness of Deliverables against the agreed scope
MPEDeliverables will conform in material respects to the scope stated in the applicable statement of work, and MPE will re-perform non-conforming work at no additional fee if notified within thirty (30) days.
Why here: MPE controls the content of its own work product; re-performance is the remedy it can actually deliver.
Confidentiality and safeguarding of Client Materials in MPE's possession
MPEAdministrative, technical, and physical safeguards appropriate to the sensitivity of the information, and notification of a confirmed security incident affecting Client Materials without unreasonable delay.
Why here: MPE controls its own systems and processors; a duty it cannot delegate to the Client.
Engaging appropriately licensed professionals for licensed work
MPEWhere a task requires a license MPE does not hold, MPE will say so and will not perform it. MPE does not practice law, render tax opinions, provide investment advice, place insurance, or perform professional engineering.
Why here: Only MPE knows the limits of its own credentials.
Accuracy, completeness, legality, and timeliness of Client Materials
ClientInformation, data, records, and documents the Client supplies, including confirming its own authority to disclose them.
Why here: The Client is the only party with access to the underlying facts and records.
Business, operational, financial, and strategic decisions
ClientWhether and how to act on any recommendation, including the decision to implement, defer, or reject it.
Why here: Decision authority stays with the Client; MPE recommends and does not decide.
Implementation and supervision of the Client's own personnel and contractors
ClientHiring, training, directing, and supervising the people who carry out implementation.
Why here: The Client controls its own workforce and worksites.
Licenses, permits, certifications, bonding, and insurance for the Client's operations
ClientObtaining and maintaining every authorization and coverage its own operations require.
Why here: These are issued to the Client and cannot be held by a consultant on its behalf.
Filings, submissions, and communications with regulators, auditors, and accreditors
ClientFinal review and submission in the Client's own name, and all representations made to a governmental or accrediting body.
Why here: The signature and the legal duty to be truthful belong to the Client.
Retention and backup of the Client's own books and records
ClientMaintaining originals and independent backups of its records regardless of what MPE holds.
Why here: MPE's retention schedule serves MPE's purposes and is not a records-management service.
Scope definition, change control, and schedule assumptions
SharedMPE documents scope and proposes changes in writing; the Client responds within the agreed review window. Neither party is liable for delay caused by the other's non-response.
Why here: Neither party controls scope drift alone.
Timely access to people, systems, and documents
SharedMPE states what it needs and when; the Client provides access. Schedule commitments assume that access.
Why here: Delivery dates depend on cooperation from both sides.
Outcomes decided by an external body
Neither partyCredit bureau and furnisher dispute results, lender credit decisions, award decisions on government solicitations, audit findings, accreditation and certification determinations, and tax authority positions.
Why here: No party to this agreement controls these decisions, so neither party warrants them. MPE does not guarantee any such outcome.
Acts and omissions of the Client's other advisors and vendors
Neither partyWork performed by the Client's attorneys, accountants, lenders, insurers, engineers, or other vendors, including where MPE coordinates with them.
Why here: Coordination is not supervision, and MPE does not control another firm's professional judgment.
| Area | Responsible | Obligation | Why allocated here |
|---|---|---|---|
| Professional standard of care in performing the Services | MPE | Performing the Services with the reasonable care, skill, and diligence of a competent management consulting firm performing comparable work. | MPE controls how it staffs and performs its own work, so it warrants its own performance. |
| Accuracy and completeness of Deliverables against the agreed scope | MPE | Deliverables will conform in material respects to the scope stated in the applicable statement of work, and MPE will re-perform non-conforming work at no additional fee if notified within thirty (30) days. | MPE controls the content of its own work product; re-performance is the remedy it can actually deliver. |
| Confidentiality and safeguarding of Client Materials in MPE's possession | MPE | Administrative, technical, and physical safeguards appropriate to the sensitivity of the information, and notification of a confirmed security incident affecting Client Materials without unreasonable delay. | MPE controls its own systems and processors; a duty it cannot delegate to the Client. |
| Engaging appropriately licensed professionals for licensed work | MPE | Where a task requires a license MPE does not hold, MPE will say so and will not perform it. MPE does not practice law, render tax opinions, provide investment advice, place insurance, or perform professional engineering. | Only MPE knows the limits of its own credentials. |
| Accuracy, completeness, legality, and timeliness of Client Materials | Client | Information, data, records, and documents the Client supplies, including confirming its own authority to disclose them. | The Client is the only party with access to the underlying facts and records. |
| Business, operational, financial, and strategic decisions | Client | Whether and how to act on any recommendation, including the decision to implement, defer, or reject it. | Decision authority stays with the Client; MPE recommends and does not decide. |
| Implementation and supervision of the Client's own personnel and contractors | Client | Hiring, training, directing, and supervising the people who carry out implementation. | The Client controls its own workforce and worksites. |
| Licenses, permits, certifications, bonding, and insurance for the Client's operations | Client | Obtaining and maintaining every authorization and coverage its own operations require. | These are issued to the Client and cannot be held by a consultant on its behalf. |
| Filings, submissions, and communications with regulators, auditors, and accreditors | Client | Final review and submission in the Client's own name, and all representations made to a governmental or accrediting body. | The signature and the legal duty to be truthful belong to the Client. |
| Retention and backup of the Client's own books and records | Client | Maintaining originals and independent backups of its records regardless of what MPE holds. | MPE's retention schedule serves MPE's purposes and is not a records-management service. |
| Scope definition, change control, and schedule assumptions | Shared | MPE documents scope and proposes changes in writing; the Client responds within the agreed review window. Neither party is liable for delay caused by the other's non-response. | Neither party controls scope drift alone. |
| Timely access to people, systems, and documents | Shared | MPE states what it needs and when; the Client provides access. Schedule commitments assume that access. | Delivery dates depend on cooperation from both sides. |
| Outcomes decided by an external body | Neither party | Credit bureau and furnisher dispute results, lender credit decisions, award decisions on government solicitations, audit findings, accreditation and certification determinations, and tax authority positions. | No party to this agreement controls these decisions, so neither party warrants them. MPE does not guarantee any such outcome. |
| Acts and omissions of the Client's other advisors and vendors | Neither party | Work performed by the Client's attorneys, accountants, lenders, insurers, engineers, or other vendors, including where MPE coordinates with them. | Coordination is not supervision, and MPE does not control another firm's professional judgment. |
Where this matrix conflicts with a signed statement of work or master services agreement, the signed document controls for that engagement. Where a row is unenforceable under applicable law, that row is severed and the remaining rows continue in effect.
Consultant is not responsible for the acts, omissions, or negligence of Client, Client's personnel or contractors, or Client's other advisors and vendors. Client is not responsible for Consultant's own gross negligence, willful misconduct, or breach of Consultant's confidentiality obligations.
6. Payment Terms and Fee Structure
6.1 Payment Obligation
Client agrees to pay all Fees as outlined in the service agreement, statement of work, or as quoted at the time of service engagement. Payment is due according to the payment schedule agreed upon at commencement of Services.
6.2 Non-Refundable Services
NON-REFUNDABLE POLICY
ALL FEES PAID FOR SERVICES RENDERED ARE NON-REFUNDABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW. Once consulting services have been initiated, work has commenced, consultations have been conducted, documents have been prepared, or any portion of the agreed Services has been performed, the Fees associated with those Services are earned and non-refundable.
This includes without limitation:
- Consultation fees once the consultation has occurred
- Document preparation fees once preparation has begun
- Research, analysis, and strategy development fees once work has commenced
- Application preparation and submission assistance
- Negotiation services once communications have begun
- Any Service for which work has been performed
ACKNOWLEDGMENT: By engaging our Services, you expressly acknowledge and agree that Services rendered are non-refundable regardless of outcome. You understand that payment is for professional services rendered, not for guaranteed results.
6.3 Deposits and Retainers
Any deposits or retainers paid are non-refundable and represent payment for Services to be rendered. Unused portions of retainers may be applied to future Services at the sole discretion of Consultant.
6.4 Contingency Fee Services
Certain Services (e.g., asset recovery) may be offered on a contingency fee basis as specified in a separate written agreement. In such cases, Fees are due only upon successful recovery and are calculated as a percentage of amounts recovered as agreed in writing.
7. User Responsibilities and Representations
By using our Services, you represent, warrant, and agree to:
- Provide accurate, complete, current, and truthful information at all times
- Update information promptly when circumstances change
- Use our Services, Deliverables, and materials for lawful purposes only
- Not submit false, fraudulent, misleading, or materially incomplete information
- Maintain the confidentiality and security of your account credentials
- Comply with all applicable federal, state, and local laws and regulations
- Respond timely to requests for information, documentation, or approvals
- Make timely payments according to agreed payment schedules
- Accept full responsibility for outcomes and implementation decisions
8. Prohibited Uses
You expressly agree NOT to:
- Submit false, misleading, or fraudulent information to any party
- Dispute credit information you know to be accurate
- Engage in identity fraud, impersonation, or misrepresentation
- Violate any applicable laws, regulations, or third-party rights
- Interfere with or disrupt our Services, systems, or networks
- Attempt to gain unauthorized access to our systems or those of third parties
- Resell, redistribute, or commercially exploit our content without written permission
- Engage in any activity that could harm our reputation or business interests
- Use our Services for any illegal, unethical, or unauthorized purpose
9. Intellectual Property Rights
All content, materials, templates, strategies, processes, methodologies, logos, trademarks, and intellectual property on or used by Consultant are our exclusive property or that of our licensors, protected by copyright, trademark, trade secret, and other intellectual property laws.
Client receives a limited, non-exclusive, non-transferable license to use Deliverables solely for Client's internal business purposes. Any unauthorized use, reproduction, distribution, or modification is strictly prohibited and may result in legal action.
10. Confidentiality
Consultant will maintain the confidentiality of Client's Confidential Information in accordance with our Privacy Policy and applicable law. However, Consultant may disclose information:
- As required by law, court order, subpoena, or regulatory authority
- As necessary to perform Services with Client's authorization
- To defend against claims or enforce our rights
- To professional advisors bound by confidentiality obligations
11. Termination of Services
Consultant reserves the right to terminate or suspend Services at any time, without prior notice or liability, for any reason including without limitation:
- Violation of these Terms
- Non-payment of Fees when due
- Provision of false, misleading, or fraudulent information
- Conduct harmful to our business, reputation, or other clients
- Request by law enforcement or governmental agencies
- Activity that may expose Consultant to legal liability
- Client's insolvency, bankruptcy, or cessation of business
Upon termination: All Fees paid for Services rendered remain non-refundable. Client remains liable for any outstanding Fees and expenses. Provisions that by their nature should survive termination (including limitation of liability, indemnification, and dispute resolution) shall survive.
12. Warranties and Disclaimers
12.1 What Consultant Warrants
Consultant warrants that: (a) it will perform the Services with the reasonable care, skill, and diligence of a competent management consulting firm performing comparable work; (b) Deliverables will conform in material respects to the scope stated in the applicable statement of work; (c) it will engage personnel it reasonably believes competent to perform the work assigned to them; and (d) it will not knowingly include in a Deliverable any material that infringes a third party's intellectual property rights.
Exclusive remedy for breach of 12.1(b). If Client notifies Consultant in writing of a non-conformity within thirty (30) days of delivery, Consultant will re-perform the non-conforming portion of the work at no additional Fee. If Consultant cannot reasonably cure the non-conformity, Consultant will refund the Fees allocable to that portion of the work. This is Client's exclusive remedy for a Deliverable that fails to meet the agreed scope.
12.2 What Consultant Does Not Warrant
Consultant does not warrant any outcome that a third party decides. Consultant makes no representation, guarantee, or prediction as to: credit bureau or furnisher dispute results; changes to any credit score; lender credit decisions, funding amounts, rates, or approval; award of any government solicitation; audit findings; accreditation or certification determinations; positions taken by any tax authority; or the financial or operational results of Client's business. Except as expressly stated in Section 12.1, and to the maximum extent permitted by applicable law, the Services and Deliverables are provided without other warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Consumer rights preserved. If you are an individual acquiring Services primarily for personal, family, or household purposes, nothing in this Section disclaims, limits, or waives any warranty, right, or remedy that applicable federal or Georgia law does not permit to be disclaimed, limited, or waived, and this Section applies to you only to the extent that law allows.
13. Limitation of Liability
Read together with Section 5. Liability is limited in proportion to the Fees paid and to the risk each party controls — it is not eliminated.
13.1 Exclusion of indirect damages. To the maximum extent permitted by applicable law, neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost goodwill, lost business opportunity, or anticipated savings, arising out of or relating to these Terms or the Services, regardless of the theory of liability. This exclusion is mutual.
13.2 Aggregate cap, tiered by engagement. Subject to Section 13.3, each party's total aggregate liability arising out of or relating to these Terms or the Services is limited to:
- Consumer engagements (individual, primarily personal, family, or household purposes): the greater of the total Fees paid for the Services giving rise to the claim, or any higher minimum that applicable consumer-protection law requires.
- Small business and individual professional engagements: the total Fees paid for the Services giving rise to the claim in the twelve (12) months preceding the claim.
- Enterprise and public-sector engagements: the amount stated in the signed master services agreement or statement of work, which controls over this Section for that engagement. Absent a stated amount, the total Fees paid for the Services giving rise to the claim in the twelve (12) months preceding the claim.
13.3 Carve-outs — no cap or exclusion applies to: fraud, fraudulent misrepresentation, gross negligence, or willful misconduct; a party's indemnification obligations under Section 14; Client's obligation to pay Fees actually due; bodily injury or death, or damage to tangible property, caused by a party's negligence; a party's breach of its confidentiality obligations; and any liability that applicable law does not permit to be limited or excluded.
13.4 Severability of limits. If any limitation in this Section is held unenforceable as to a particular claim or claimant, it is severed as to that claim or claimant only and the remaining limitations continue in full force. If a limitation is reduced rather than voided, it applies at the highest level permitted by applicable law.
14. Indemnification
14.1 Client Indemnity
Client will indemnify, defend, and hold harmless Consultant and its officers, members, employees, and agents from third-party claims, and resulting damages, losses, and reasonable attorneys' fees, to the extent arising out of: (a) inaccuracy, incompleteness, or illegality of Client Materials; (b) Client's business operations, personnel, or worksites; (c) Client's implementation of, or decision not to implement, any recommendation; (d) Client's representations, filings, or submissions to a regulator, auditor, accreditor, or governmental authority; (e) Client's failure to maintain a required license, permit, bond, or insurance; or (f) Client's breach of these Terms or violation of law or third-party rights.
14.2 Consultant Indemnity
Consultant will indemnify, defend, and hold harmless Client from third-party claims, and resulting damages, losses, and reasonable attorneys' fees, to the extent arising out of: (a) Consultant's gross negligence or willful misconduct; (b) bodily injury, death, or damage to tangible property caused by Consultant's negligent acts or omissions; (c) an allegation that a Deliverable prepared by Consultant infringes a third party's intellectual property rights, excluding any portion based on Client Materials or Client's specifications; or (d) Consultant's breach of its confidentiality obligations.
14.3 Comparative Allocation
Neither party is obligated to indemnify the other for the indemnified party's own negligence or misconduct. Where both parties contributed to a loss, indemnification is allocated in proportion to each party's relative fault as determined by the arbitrator or court. Consultant's indemnity is not capped by Section 13.2.
14.4 Procedure
The party seeking indemnity must give prompt written notice of the claim (delay excuses the indemnifying party only to the extent it is prejudiced), give the indemnifying party sole control of the defense and settlement, and provide reasonable cooperation at the indemnifying party's expense. No settlement that imposes a non-monetary obligation on, or admits fault by, the indemnified party may be made without that party's written consent.
14.5 Consumer Limitation
If you are an individual acquiring Services primarily for personal, family, or household purposes, Section 14.1 applies only to claims arising from your intentional misconduct, your knowing submission of false information, or your violation of law, and does not require you to pay Consultant's attorneys' fees except where a statute or court order provides for them. This Section 14.5 controls over Section 14.1 for consumer engagements.
Sections 12 through 14 survive termination of these Terms and the Services.
15. Dispute Resolution
15.1 Informal Resolution
Before initiating any formal dispute resolution, the parties will attempt to resolve the dispute informally for at least thirty (30) days. Written notice of a dispute must be sent to the notice address and legal notice email identified in the applicable engagement agreement.
15.2 Binding Arbitration
ARBITRATION AGREEMENT: Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between the parties that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") before a single arbitrator. Judgment on the award may be entered in any court having jurisdiction.
Applicable rules. For business, enterprise, and public-sector engagements, the AAA Commercial Arbitration Rules apply. For individuals acquiring Services primarily for personal, family, or household purposes, the AAA Consumer Arbitration Rules and the Consumer Due Process Protocol apply instead, including their allocation of filing and arbitrator fees.
Location and format. Arbitration will take place in the Georgia county identified in the applicable engagement agreement, or as the parties otherwise agree. For claims of $25,000 or less, a consumer may elect to proceed by telephone, by videoconference, or on written submissions, and may elect a hearing in the county of the consumer's residence.
Exclusions and preserved rights. Either party may bring an individual action in small claims court, and either party may seek injunctive relief to protect intellectual property or confidential information. Nothing in this Section prevents you from filing a complaint with a governmental agency or waives any right or remedy that applicable law does not permit to be waived. Detailed arbitration procedures, including a 30-day opt-out right, appear in the Arbitration Agreement and Class Action Waiver.
15.3 Class Action Waiver
CLASS ACTION WAIVER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CONSULTANT EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE BASIS. ALL DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY.
If any part of this waiver is held unenforceable, that part is severed, the remainder of the arbitration agreement continues to apply to all other claims, and any claim that cannot be arbitrated on an individual basis proceeds in a court of competent jurisdiction.
15.4 Jury Trial Waiver
JURY TRIAL WAIVER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ONLY AS TO CLAIMS NOT SUBJECT TO ARBITRATION, YOU AND CONSULTANT EACH WAIVE ANY RIGHT TO A TRIAL BY JURY. This waiver does not apply where applicable law prohibits it.
15.5 Time Limitation
Any claim or cause of action arising out of or relating to these Terms or the Services must be filed within one (1) year after the claim accrued, or be forever barred. This limitation does not shorten any statutory limitation period that applicable law does not permit to be shortened, and does not apply to claims by an individual acquiring Services primarily for personal, family, or household purposes where a longer statutory period applies.
16. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles. To the extent any claim or dispute is not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in the Georgia county identified in the applicable engagement agreement. Nothing in this section waives any right or remedy that applicable law does not permit to be waived.
17. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such finding shall not affect the validity of the remaining provisions. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.
18. Entire Agreement
These Terms, together with our Privacy Policy, Disclaimer, and any service-specific agreements or statements of work, constitute the entire agreement between you and Consultant regarding the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, whether written or oral.
19. Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Consultant's failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
20. Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. Consultant may assign these Terms without restriction. Any attempted assignment in violation of this section is void.
21. Force Majeure
Consultant shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including without limitation acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, epidemic, government orders, strikes, labor disputes, shortages of transportation, facilities, fuel, energy, labor, materials, or failures of third-party systems or services.
22. Modifications to Terms
Consultant reserves the right to modify, amend, or update these Terms at any time at our sole discretion. Material changes will be posted on this page with an updated effective date. Your continued use of our Services after such modifications constitutes your acceptance of the revised Terms.
23. Notices
All notices required or permitted under these Terms must be in writing. Notices to Consultant must be sent to the legal notice address and legal notice email identified in the applicable engagement agreement; notices to Client are sent to the email address Client provided. Email notice is deemed given on transmission, absent a bounce or delivery failure.
24. Contact Information
For questions, concerns, or notices regarding these Terms of Service:
- Company: MPE Consulting Group
- Email: as stated in your engagement agreement
- Phone: (404) 520-5338
- Location: Atlanta, Georgia
BY USING OUR WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION THE BINDING ARBITRATION PROVISION, CLASS ACTION WAIVER, JURY TRIAL WAIVER, LIMITATION OF LIABILITY, INDEMNIFICATION OBLIGATIONS, AND NON-REFUNDABLE PAYMENT POLICY.
