Terms of Service

1. Acceptance of Terms

Welcome to Samuel Holley AI Consulting ("Company," "we," "us," or "our"). By accessing or using our website samuelholley.com (the "Site") or engaging our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Site or services.

Important: These Terms constitute a legally binding agreement between you and Samuel Holley AI Consulting. Please read them carefully.

2. Definitions

• "Site" refers to samuelholley.com and all associated subdomains
• "Services" refers to AI consulting, coaching, training, and related professional services
• "User," "you," "your" refers to any individual or entity accessing the Site
• "Content" refers to all text, images, videos, code, and materials on the Site
• "Client Agreement" refers to separate service contracts for consulting engagements

3. Modification of Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting with an updated "Last Updated" date. Your continued use of the Site after changes constitutes acceptance of the modified Terms. We recommend reviewing this page periodically.

Material Changes: For significant changes affecting your rights, we will provide prominent notice via email or a banner on the Site.

4. Use of the Site

A. Permitted Use

You may use the Site for lawful purposes only, including:

• Browsing content and learning about our services
• Contacting us for inquiries or consultations
• Scheduling appointments through our booking system
• Reading blog posts and educational materials
• Signing up for email newsletters

B. Prohibited Use

You agree NOT to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit viruses, malware, or malicious code
• Attempt to gain unauthorized access to our systems
• Scrape, crawl, or extract data using automated tools (without permission)
• Use the Site to spam, harass, or distribute unsolicited communications
• Impersonate Samuel Holley AI Consulting or our representatives
• Interfere with Site functionality or other users' access
• Copy, reproduce, or redistribute Site content without authorization
• Use the Site for any commercial purpose without our written consent

5. Intellectual Property Rights

A. Ownership

All content on the Site, including but not limited to:

• Text, articles, blog posts, and written materials
• Images, graphics, logos, and branding
• Videos and multimedia content
• Code, software, and technical implementations
• The "Reclaim by Design™" framework and methodology
• Site design, layout, and user interface

...is the exclusive property of Samuel Holley AI Consulting or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

B. Trademarks

"Samuel Holley AI Consulting," "Reclaim by Design™," associated logos, and branding are trademarks of Samuel Holley. Unauthorized use is prohibited.

C. Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes. This license does not include the right to:

• Download or copy content (except temporary caching for viewing)
• Modify or create derivative works
• Publicly display or distribute content
• Use content for commercial purposes

D. User-Generated Content

By submitting content to us (e.g., testimonials, comments, feedback), you grant us a worldwide, royalty-free, perpetual license to use, reproduce, modify, and display such content for business purposes.

6. Services & Client Agreements

Separate Agreements: These Terms govern use of the Site only. Consulting services are governed by separate Client Agreements that supersede these Terms in case of conflict.

A. Nature of Services

Our services include AI consulting, strategy development, implementation support, coaching, and training. Services are customized based on client needs and governed by individual Client Agreements.

B. No Guarantee of Results

While we strive for excellence, we make no guarantees regarding specific outcomes, revenue increases, or measurable results. Success depends on many factors beyond our control.

C. Independent Contractor

We operate as an independent contractor. Nothing in these Terms or Client Agreements creates an employment, partnership, joint venture, or agency relationship.

7. Payment & Refunds

A. Payment Processing

Payments are processed securely through Stripe. We do not store credit card information. By making a payment, you agree to Stripe's Terms of Service.

B. Refund Policy

For detailed refund terms, see our Refund Policy. Key points:

• First Session Guarantee: 100% refund if not satisfied with your first session
• Service Cancellations: 24-hour notice for individual sessions; 30 days for retainers
• Non-Refundable: Services already rendered, downloadable products, custom work

C. Late Payments

Invoices are due upon receipt unless otherwise specified. Late payments may incur a 1.5% monthly finance charge and suspension of services.

8. Disclaimers

A. Professional Services Disclaimer

Samuel Holley AI Consulting provides general consulting and educational services only. We do NOT provide:

• Legal advice - Consult a licensed attorney
• Financial advice - Consult a certified financial advisor
• Tax advice - Consult a CPA or tax professional
• Medical or health advice - Consult a licensed physician
• Therapy or psychological counseling - Consult a licensed therapist

You remain solely responsible for your own business decisions and actions.

B. "AS-IS" Disclaimer

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

C. No Warranty of Results

We make no warranties that:

• The Site will be uninterrupted, error-free, or secure
• Services will meet your specific requirements
• Results will be achieved or sustained
• Information on the Site is complete, accurate, or up-to-date

D. Third-Party Links

The Site may contain links to third-party websites (Calendly, Stripe, etc.). We are not responsible for their content, privacy practices, or services. Use at your own risk.

E. AI Technology Disclaimer

AI technologies evolve rapidly. Information about AI tools and strategies is current as of publication but may become outdated. We are not responsible for changes in third-party AI platforms.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

A. No Liability for Damages

SAMUEL HOLLEY AI CONSULTING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Lost profits or revenue
• Business interruption
• Loss of data or information
• Cost of substitute services
• Damage to reputation
• Personal injury (except where legally required)

B. Cap on Liability

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SITE OR SERVICES SHALL NOT EXCEED THE GREATER OF:

• (A) The amount you paid us in the 12 months prior to the claim, OR
• (B) $500

C. Force Majeure

We are not liable for failure to perform due to circumstances beyond our reasonable control, including natural disasters, acts of war, terrorism, labor disputes, internet outages, or third-party service failures.

10. Indemnification

You agree to indemnify, defend, and hold harmless Samuel Holley AI Consulting, its officers, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Site or Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your submission of content or materials
• Your negligence or willful misconduct

11. Privacy & Data Protection

Your use of the Site is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to our data practices as described in the Privacy Policy.

12. Dispute Resolution

A. Informal Resolution

Before initiating formal proceedings, you agree to contact us at sam@samuelholley.com to attempt resolution in good faith.

B. Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

C. Jurisdiction & Venue

Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Mendocino County, California. You consent to the personal jurisdiction of these courts.

D. Arbitration (Optional)

For disputes under $10,000, either party may elect binding arbitration under the rules of the American Arbitration Association (AAA).

13. Termination

We reserve the right to:

• Suspend or terminate your access to the Site at any time, with or without cause or notice
• Refuse service to anyone for any lawful reason
• Remove or disable any content that violates these Terms

Upon termination, your license to use the Site immediately ceases. Sections regarding intellectual property, disclaimers, liability limitations, and dispute resolution survive termination.

14. Miscellaneous

A. Entire Agreement

These Terms, together with our Privacy Policy and any Client Agreements, constitute the entire agreement between you and Samuel Holley AI Consulting regarding the Site.

B. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect.

C. No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

D. Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

E. Headings

Section headings are for convenience only and do not affect interpretation.

F. California Users

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a complaint, contact us at sam@samuelholley.com or (707) 371-6237. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

15. Contact Information

For questions about these Terms of Service, please contact: