Terms of Use

Acceptance of These Terms

These Terms of Use (the “Terms”) govern your access to and use of thebrushtongroup.com (the “Site”), which is operated by The Brushton Group LLC (“Brushton,” “we,” “our,” or “us”). By accessing the Site, submitting the Strategy Self-Assessment, or otherwise interacting with content on the Site, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, please do not use the Site.

Use of the Site

You may use the Site only for lawful purposes and in a manner consistent with these Terms. You agree not to:

• Use the Site to violate any applicable law, regulation, or contractual obligation
• Attempt to gain unauthorized access to any part of the Site, our systems, or our service providers' systems
• Interfere with the operation of the Site, introduce malware, or test for vulnerabilities without permission
• Use automated means (such as scrapers or bots) to extract content from the Site
• Misrepresent your identity, affiliation, or intent when submitting information
• Reproduce, distribute, or create derivative works from Site content for commercial purposes without our written permission

About the Brushton Diagnostic

The Brushton Diagnostic on /brushton-diagnostic is an interactive tool intended to help you reflect on the readiness of your commercial strategy across ten dimensions Brushton uses in client engagements. Please understand the following before relying on it.

• The assessment is directional, not diagnostic. The score and band are intended to prompt thinking, not to substitute for a structured strategic review.
• Submitting the assessment does not create a consulting, advisory, attorney-client, fiduciary, or any other professional relationship between you (or your company) and Brushton.
• Results are based solely on the responses you provide. Brushton has not reviewed your underlying strategy, financials, market position, or other source materials.
• Nothing in the assessment or the emailed results constitutes professional, legal, financial, tax, accounting, or investment advice.
• Decisions about your business are your own. You are solely responsible for any actions you take based on the assessment.

Engagement Terms Are Separate

These Terms apply to your use of the Site. Any consulting or advisory engagement between you and Brushton is governed by a separate written agreement (such as a Master Services Agreement, Statement of Work, or engagement letter) signed by both parties. Nothing on the Site, including the Brushton Diagnostic or any communication initiated through the Site, constitutes an offer, acceptance, or modification of those engagement terms.

Intellectual Property

The Site, its content, and the Strategy Self-Assessment framework (including the six parameters, the twelve-question set, the option anchors, and the scoring formula) are the intellectual property of Brushton or its licensors and are protected by copyright, trademark, and other applicable laws. The “Brushton Group” name, logo, and visual identity are trademarks of Brushton.

You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Site and to take the Strategy Self-Assessment for your own internal business reflection. You may not republish, redistribute, license, or commercially exploit Site content or the assessment framework without our prior written consent.

Your Submissions

When you submit information through the Site (for example, contact form messages, self-assessment responses, or free-text context), you represent that you have the right to provide that information and that doing so does not violate the rights of any third party. You grant Brushton a limited, non-exclusive, royalty-free license to use that information solely for the purposes described in our Privacy Policy, including delivering the results back to you, maintaining business records as required by applicable law, and improving our services. This license is limited to the period necessary to fulfil those purposes and does not grant Brushton the right to publicly identify you or your company without your consent.

Third-Party Links and Services

The Site contains links to third-party websites and uses third-party services (for example, Calendly for scheduling). We are not responsible for the content, privacy practices, or terms of use of those third parties. Your interactions with them are governed by their own terms and policies, which we encourage you to review.

Disclaimers

The Site and the Strategy Self-Assessment are provided “as is” and “as available” without warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, Brushton disclaims all warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, and uninterrupted availability.

We do not warrant that the Site will be free from errors, secure against all threats, or available at all times. We do not warrant that the assessment results will be accurate, complete, or applicable to your specific situation.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Brushton, its members, officers, employees, contractors, or agents be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation damages for lost profits, lost revenue, lost data, business interruption, or loss of goodwill, arising out of or relating to your use of the Site or the Strategy Self-Assessment, even if we have been advised of the possibility of such damages.

In all cases, Brushton’s aggregate liability arising from or relating to the Site shall not exceed the greater of (a) the total amounts paid by you to Brushton in the twelve (12) months immediately preceding the claim giving rise to liability, or (b) one hundred US dollars (US $100). Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this section may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Brushton and its members, officers, employees, contractors, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Site; (b) your violation of these Terms; (c) your violation of any law or the rights of a third party; or (d) any content or information you submit through the Site.

Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Sarasota County, Florida for any dispute that cannot be resolved through good-faith negotiation. You waive any objection to venue or personal jurisdiction in those courts.

Dispute Resolution

Before filing any claim, you agree to attempt to resolve the dispute informally by contacting our legal team at [email protected]. We will work in good faith for at least thirty (30) days to resolve the matter. If we cannot resolve it informally, the parties may proceed in court as described above, or by mutual agreement may submit the dispute to mediation or binding arbitration under the rules of the American Arbitration Association.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full effect. The unenforceable provision will be construed to give effect to the parties’ intent to the greatest extent permitted by law.

Changes to These Terms

We may update these Terms from time to time. For material changes, we will post a prominent notice on the Site at least thirty (30) days before the revised Terms take effect, and we will update the “Last updated” date at the top of this page. For non-material changes (such as corrections of typographical errors or clarifications that do not affect your rights), updating the date is sufficient notice. We will not rely on continued use of the Site alone as meaningful consent to materially revised Terms. Where consent is required by applicable law, we will seek it expressly.

Contact

Questions about these Terms? Reach us at: