Terms of Use

These Terms of Use (the “Terms”) govern your access to and use of tryoptheory.com and any other website operated by OpTheory that links to these Terms (collectively, the “Site”). By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.

1. About OpTheory

OpTheory provides business ecosystem strategy and consulting services. The Site describes OpTheory’s approach, services, and application process and allows prospective clients to request consideration for an engagement.

2. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Site. If you use the Site on behalf of a business or other organization, you represent that you are authorized to act on its behalf and to bind it to these Terms.

3. Website information is not professional advice

The Site provides general information only. It does not provide legal, tax, accounting, financial, investment, regulatory, cybersecurity, engineering, or other licensed professional advice. You are responsible for obtaining advice from appropriately qualified professionals when your circumstances require it.

Business, technology, and operational decisions involve risk. You remain responsible for evaluating and deciding whether to act on any information available through the Site.

4. No consulting engagement is created through the Site

Visiting the Site, submitting an inquiry or qualification form, communicating with OpTheory, or participating in a qualification call does not create a consulting relationship and does not obligate OpTheory to accept an engagement.

A consulting engagement begins only when OpTheory and the client have executed the applicable Master Services Agreement or Consulting Agreement and Statement of Work, and OpTheory has received any required initiation payment. Those executed agreements—not these website Terms—govern the consulting engagement. If these Terms conflict with an executed client agreement concerning paid services, the executed client agreement controls for those services.

5. Applications, inquiries, and submissions

You agree that information you submit will be accurate, current, and provided with proper authority. Do not submit information that you are prohibited from disclosing or that infringes another person’s rights.

Public application forms and ordinary email are not approved channels for passwords, API keys, authentication codes, banking credentials, government identification numbers, medical information, or other highly sensitive information. If a prospective or active engagement requires system access or sensitive materials, OpTheory will establish a separate access or transfer method.

OpTheory may accept, decline, defer, or request additional information regarding any inquiry or application in its discretion.

6. Service descriptions and availability

Descriptions of services, processes, timelines, deliverables, or pricing on the Site are general and may change. The scope, fees, schedule, responsibilities, dependencies, assumptions, and deliverables for a client engagement are established only in the applicable signed Statement of Work.

OpTheory does not guarantee that the Site or any service described on it will remain available, uninterrupted, error-free, or suitable for every business.

7. No guarantee of outcomes

Business outcomes depend on decisions, implementation, market conditions, third-party systems, client cooperation, and other factors outside OpTheory’s control. Nothing on the Site is a promise or guarantee of revenue, savings, funding, profitability, performance, regulatory compliance, technical results, or any other outcome.

8. Intellectual property

The Site and its original content—including text, branding, graphics, frameworks, service descriptions, page designs, and other materials—are owned by or licensed to OpTheory and are protected by applicable intellectual-property laws.

Subject to these Terms, OpTheory grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your own lawful internal evaluation of OpTheory’s services. You may not copy, reproduce, republish, sell, license, distribute, scrape, modify, create derivative works from, or commercially exploit Site content without prior written permission, except as permitted by law.

9. Acceptable use

You may not:

• use the Site for unlawful, fraudulent, deceptive, abusive, or harmful activity;
• attempt to gain unauthorized access to the Site, its hosting environment, accounts, forms, or connected systems;
• introduce malware, malicious code, or disruptive technology;
• interfere with the Site’s operation, security, or availability;
• use automated means to extract Site content or data except as permitted by applicable law or written authorization;
• impersonate another person or misrepresent your affiliation or authority; or
• use Site content to build or market a competing copy of OpTheory’s proprietary materials or service framework.

10. Third-party services and links

The Site may use or link to services operated by third parties, including hosting, forms, storage, scheduling, electronic-signature, payment, and communication providers. Third-party services are governed by their own terms and privacy practices. OpTheory is not responsible for third-party content, availability, security, or conduct and does not endorse a third party merely by linking to it.

11. Disclaimer of warranties

To the fullest extent permitted by law, the Site and its content are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. OpTheory does not warrant that the Site will be uninterrupted, secure, accurate, complete, or free of harmful components.

12. Limitation of liability

To the fullest extent permitted by law, OpTheory and its owner, affiliates, contractors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business opportunities, arising from or related to your use of or inability to use the Site.

To the fullest extent permitted by law, the total aggregate liability arising from or related to the Site or these Terms will not exceed one hundred U.S. dollars (US $100). These limitations do not apply where liability cannot lawfully be limited or excluded. Liability relating to a paid consulting engagement is governed by the applicable executed client agreement.

13. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless OpTheory and its owner, affiliates, contractors, and service providers from claims, damages, liabilities, losses, and reasonable costs arising from your unlawful use of the Site, your violation of these Terms, or information or materials you submit without proper authority. This section does not require indemnification for OpTheory’s own unlawful conduct.

14. Privacy

OpTheory’s Privacy Notice explains how personal information is collected, used, and disclosed in connection with the Site.

15. Governing law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. Any dispute arising from these Terms or the Site must be brought in a court of competent jurisdiction in Texas, unless applicable law requires otherwise.

16. Changes to these Terms

OpTheory may update these Terms periodically. The revised version will be posted on this page with an updated effective date. Your continued use of the Site after revised Terms become effective constitutes acceptance of the revised Terms.

17. General provisions

If any provision of these Terms is held unenforceable, it will be modified only to the extent necessary to make it enforceable, and the remaining provisions will remain in effect. OpTheory’s failure to enforce a provision is not a waiver. These Terms, together with the Privacy Notice, constitute the entire agreement governing use of the Site and do not replace an executed client agreement.

18. Contact

Questions about these Terms may be sent to optheoryconsulting@gmail.com.