Terms & Conditions

1. Acceptance of these terms

By accessing this website, submitting a consultation request, or otherwise communicating with Upturn Alliance ("Upturn Alliance," "we," "us," or "our"), you agree to these Terms & Conditions — including the SMS terms in section 8 — and to our Privacy Policy. If you do not agree, please do not use this site.

2. What we are — and are not

Upturn Alliance provides business consulting services. We are not a law firm, an accounting firm, a licensed financial adviser, a broker-dealer, an insurance producer or a lender. Nothing on this site or in any conversation with us is legal, tax, accounting, investment or financial advice, and no attorney-client, accountant-client or fiduciary relationship is created by using this site or by contacting us.

You should consult your own attorney, accountant or licensed adviser before acting on anything that has legal, tax or regulatory consequences for your business.

3. Eligibility

You may use this site and submit a request only if you are at least 18 years old, are located in the United States, and are the owner or an authorized representative of the business named in the request, with authority to share its information. Our services are intended for commercial and business purposes only.

4. Consultation requests

You agree that the information you submit is true, accurate, current and complete, and that you are entitled to share it. Submitting the form requests a free introductory call. It does not create a consulting engagement, does not obligate us to accept the work, and does not obligate you to hire us.

5. Engagements, scopes and fees

Consulting work is performed only under a written scope of work that you approve in advance. Each scope states the questions we will address, the deliverables, the named consultant, the timeline and the fixed fee. Fees quoted in an approved scope do not change unless you and we agree a change in writing.

Where a scope and these terms conflict, the signed scope governs for that engagement. Fractional advisory arrangements may be cancelled by either party on thirty days' written notice. Invoicing terms are set out in the scope.

6. Results and expectations

Consulting outcomes depend on factors outside our control — your market, your team, your budget and how fully our recommendations are implemented. Any figures, timeframes, case studies or client stories on this site are illustrative composites of typical engagements and are not guarantees, promises or projections of results for your business. We do not guarantee any particular revenue, saving, growth rate or other outcome.

7. Phone and email communications

By submitting the consultation form you consent to be contacted by Upturn Alliance at the phone number and email address you provide, about the request you made. You may withdraw that consent at any time by telling us, though we may then be unable to continue helping you. Text messaging is separate and is governed by section 8 below.

8. SMS terms & conditions (text messaging program)

This section is the complete terms of the Upturn Alliance text messaging program. It applies only if you affirmatively opt in.

8.1 Program description

Upturn Alliance operates a single, combined text message program covering both message types below. You opt in with one optional checkbox on our consultation request form, and you may join or not join.

• Appointment & customer-care messages (non-marketing). Confirmations and reminders for your consultation, scheduling changes, and replies to questions you have sent us. Example: “Upturn Alliance: your intro call is confirmed for Tue 10:00am EST. Reply STOP to opt out, HELP for help.”
• Marketing messages. Occasional information about our consulting services, availability and offers. Example: “Upturn Alliance: our Q3 operations diagnostic slots are open. Reply STOP to opt out, HELP for help.”

The program is operated by Upturn Alliance and messages are sent to the mobile number you provide. Opting in covers both message types above.

8.2 How you opt in

Consent is collected only through the web form on this site. The opt-in is a single checkbox and it is never selected for you in advance. You must actively check it before we send you any message under the program. If you leave it unchecked, we treat that as a no.

Consent to receive text messages is not a condition of any purchase or service. Declining text messages has no effect on your consultation request, the service you receive, or the fees you are quoted — we will simply contact you by phone and email instead.

We record the date, time and page on which you gave consent, along with the exact wording shown to you, so that your opt-in can be verified.

8.3 Message frequency

Message frequency varies. If you opt in, expect approximately up to 4 messages per month. Appointment and customer-care messages are sent only in connection with your own request and may be fewer.

8.4 Cost

Upturn Alliance does not charge for text messages. Message and data rates may apply depending on your mobile plan. Contact your wireless provider for details about your plan.

8.5 How to opt out (STOP)

You can cancel at any time. Reply STOP to any message from us. You will receive a single confirmation message and then no further messages from that program. You may also opt out by emailing gjohnson@upturnalliance.com or calling (302) 406-5850.

If you opt out of one program you remain opted in to the other unless you tell us otherwise. To rejoin, complete the form again and select “Yes.”

8.6 How to get help (HELP)

Reply HELP to any message and you will receive our contact information. You can also reach us at gjohnson@upturnalliance.com or (302) 406-5850, Monday to Friday, 9am to 6pm EST.

8.7 Supported carriers and delivery

The program is available on major US wireless carriers. Carriers are not liable for delayed or undelivered messages. Delivery is subject to effective transmission by your wireless provider and is outside our control. Message availability may change without notice.

8.8 Your mobile information

No mobile information will be sold or shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent are not shared with any third parties. Your mobile number and consent status are used only to send you the messages you asked for.

We share your mobile number with our messaging service provider solely to deliver those messages on our behalf, under contract and with no right to use it for their own purposes. Our Privacy Policy explains how the rest of your information is handled.

8.9 Eligibility for the messaging program

You must be at least 18 years old and the account holder of, or authorized to use, the mobile number you provide. Do not submit someone else's mobile number.

9. Confidentiality

We treat information you share about your business as confidential and use it only to evaluate and deliver your engagement. Every engagement is covered by a mutual confidentiality agreement, and we will sign yours if you prefer. We will not name you as a client publicly without your written permission.

10. Acceptable use of the site

• Do not submit false, misleading or fraudulent information, or someone else's contact details or mobile number.
• Do not use the site to violate any law or to infringe anyone's rights.
• Do not attempt to gain unauthorized access to the site, scrape it, or interfere with its operation.
• Do not use automated systems to submit requests or to send unsolicited communications.

We may suspend or refuse service to anyone who violates these terms.

11. Intellectual property

The content, design, text, graphics and code on this site are owned by Upturn Alliance or its licensors and are protected by intellectual property laws. Deliverables produced for you under a signed scope are licensed or assigned to you as that scope states; our underlying frameworks, templates and methods remain ours. You may not copy, republish or sell material from this site without our written permission.

12. Third-party sites and providers

This site may link to third-party websites, and we may recommend third-party tools or providers. We do not control them and are not responsible for their content, products, terms or privacy practices. Any engagement you enter into with a third party is solely between you and that party.

13. Disclaimers

This site is provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the site will be uninterrupted, error-free or secure. Consulting services are provided with reasonable professional skill and care as described in the applicable scope, and no other warranty is given.

14. Limitation of liability

To the fullest extent permitted by law, Upturn Alliance and its officers, employees, contractors and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business opportunity or loss of data, arising out of or relating to this site or our services. Our total aggregate liability for any claim relating to this website will not exceed one hundred US dollars ($100); for a consulting engagement, it will not exceed the fees you actually paid us under the scope giving rise to the claim. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

15. Indemnification

You agree to indemnify and hold harmless Upturn Alliance from any claims, losses, liabilities and expenses (including reasonable attorneys' fees) arising out of your use of the site, your breach of these terms, or information you submitted that was inaccurate or that you were not authorized to share.

16. Governing law and disputes

These terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these terms or this site will be resolved in the state or federal courts located in Delaware, and you consent to their jurisdiction. Nothing here limits any non-waivable rights you have under the law of your home state.

17. Changes to these terms

We may update these terms from time to time. Changes take effect when posted, and we will update the "Last updated" date. Your continued use of the site after a change means you accept the revised terms.

18. Contact us

Upturn Alliance
511 N Boardwalk, 1st Floor, Rehoboth Beach, DE 19971
Phone: (302) 406-5850
Email: gjohnson@upturnalliance.com
Hours: Monday–Friday, 9am–6pm EST

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