1. INTRODUCTION
Gleam Communications Inc (hereinafter referred to as “GCI”, “we”, “us”, or “our”) welcomes you. This Terms and Conditions of Use & Sale (the “Terms”) govern your use of all websites operated by GCI, including but not limited to www.gleambusinessconsulting.com (the “Website” or “Site”), as well as our services, mobile applications (“Apps”), events, and any related content, features, or offerings (collectively, the “Services”).
IMPORTANT – PLEASE READ CAREFULLY:
These terms constitute a legally binding agreement (The “Agreement”) between you (and/or your business entity, referred to as “you”) and GCI. By accessing or using our Services—including visiting our websites, creating an account, subscribing, clicking to accept, purchasing services, or participating in any events—you agree that:
- You have read, understood, and agree to be bound by these Terms;
- You are of legal age to form a binding contract with GCI;
- The information you provide is true, accurate, and complete; and
- You have the authority to enter into this Agreement personally or on behalf of a business entity, and to bind that entity to this Agreement.
If you do not agree to these Terms, you must not access or use any of the Services.
Your access to and use of the Services is expressly conditioned upon your acceptance of and compliance with these Terms and our Privacy Policy.
2. CHANGES TO THE TERMS
These Terms may be updated from time to time at GCI’s sole discretion. Changes will be made available on the Site and/or App, and we will update the “Last Updated” date at the top of this page. If you continue using the Services after updates take effect, you are agreeing to the revised Terms. If you do not agree with any changes, you should discontinue your membership and use of our Services and Websites. Please regularly check the site to view the then-current terms.
3. WEBSITE USE
The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter a binding contract with us, and have read this Agreement and understand and agree to its terms.
4. WEBSITE USER CONDUCT AND RESTRICTIONS-LICENSE TERMS
All aspects of our website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever.
5. OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement. GCI reserves the right to modify its Privacy Statement in its reasonable discretion from time-to-time. Our Privacy Statement is incorporated into this Agreement by reference.
6. INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS
As a GCI user, you might be required to create an account with GCI. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your GCI user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You agree to immediately notify GCI of any unauthorized use of your password or username or any other breach of security related to your user account. You agree that GCI is not liable, and you will hold GCI harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations.
7. ORDER PLACEMENT AND ACCEPTANCE
If you order a service, membership or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at support@gleam-group.com to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
8. SERVICES
GCI offers a variety of Services, including, but not limited to, its Consulting Services, mentorship, events, executive coaching, and other services.
9. PAYMENTS
Clients engaging Gleam Communications Inc. (GCI) for consulting or advisory services agree to the payment structure as outlined during their onboarding and in their signed agreement. This typically includes:
- A retainer fee due upon acceptance of the service agreement.
- Subsequent monthly fees and/or performance-based fees, depending on the scope of work.
All payments must be made in full and on time according to the agreed schedule. GCI reserves the right to pause or terminate services in the event of late or missed payments. Late payments may be subject to additional charges, including interest or administrative fees, as permitted by law.
10. NO REFUND POLICY
All payments made to GCI for services are non-refundable. This includes, but is not limited to, retainers, consulting fees, and performance-based compensation.
By proceeding with payment, you acknowledge and agree that you are paying for access to professional services, time, and expertise—not guaranteed outcomes. Once services have begun, refunds will not be issued under any circumstances.
11. CANCELATION
Clients may cancel their engagement with GCI by providing written notice. However:
- Any fees already paid are non-refundable.
- Any outstanding fees, including those for work already performed or agreed upon in a signed agreement, remain due and payable.
- For monthly service agreements, cancellations must be received at least 30 days prior to the next billing cycle to avoid charges for the upcoming period.
12. TERMINATION
GCI reserves the right to terminate any client engagement at any time if:
- There is a breach of the agreed terms or unethical behavior by the client.
- Payments are not received on time and in full.
- Continued collaboration would negatively impact GCI’s operations, reputation, or staff.
In the event of termination by GCI, clients will be notified in writing. Any fees accrued up to the date of termination remain payable and are due immediately.
13. USER CONTENT
13.1. Privacy Policy: Please refer to our separate Privacy Policy document for details on how we collect, use, and protect your data.
13.2. Responsible Party for Content: You acknowledge that all content is the sole responsibility of the party from whom such content originated. This means that each User is entirely responsible for all content that they make available through the Services (“User Content”). GCI has no obligation to pre-screen any User Content. You use all User Content and interact with other Users at your own risk. GCI reserves the right, in its sole discretion, to pre-screen, refuse, or remove any User Content. Any views and opinions expressed in User Content reflect the author's point of view and are not necessarily those of GCI or its affiliated entities.
13.3. Ownership of Your Content: GCI does not claim ownership of any User Content you make available on the Services (“Your Content”). However, when you post or publish Your Content on or in the Services, you agree that you have all the necessary rights to grant GCI the license set forth in Section 13.4. (License to Your Content). Except with respect to Your Content, you agree that you have no right or title in or to any content that appears on or in the Services. Further, you acknowledge that if Your Content includes personal information, it will be processed in accordance with our Privacy Policy, applicable laws, and your choices (including settings).
13.4. License to Your Content: Subject to any applicable Account settings, you grant GCI a right to copy, use, display, and create derivative works from Your Content for purposes of operating and providing the Services. Other Users may search for, see, use, modify, and reproduce any of Your Content that you submit to any “public” area of the Services.
13.5. Your Information:
- GCI collects Personally Identifiable Information from you when you interact with our services and communicate with a member of our team, including but not limited to when you sign up for a subscription, grant access to documents, verify your identity, or send us an email. Personally Identifiable Information refers to information that allows us to identify you personally. This information may include, but is not limited to, information from your transactions with us, physical address, or other information you provide via email.
- Our collection of Personal Data is necessary to our legitimate interests, which serves as our lawful basis for processing your Personal Data. These legitimate interests include running our business, keeping our records updated, ensuring legal and regulatory compliance, fulfilling our obligations to you, the client, developing our services, and informing our marketing strategy.
- You acknowledge that all information you provide to GCI is provided voluntarily. For more information on how GCI collects, uses, and discloses personal information, please review our Privacy Policy. If you do not agree with any of the provisions of these Terms, please do not use this Site or our Services under any circumstances.
- GCI does not “sell” (as defined in the CCPA) the personal information of anyone in our network.
14. INTELLECTUAL PROPERTY
All content provided by GCI, including but not limited to logos, texts, graphics, and presentations, is the property of GCI and is protected by copyright and intellectual property laws.
Unauthorized use of any GCI materials without prior written permission is strictly prohibited.
15. INTERNATIONAL LAW MEMBERS
Services can be accessed from countries around the world and may contain references to Services and content that are not available in your country. These references do not imply that GCI intends to announce or promote the availability of such Services or content in your country. Services are controlled and offered by GCI from its facilities. GCI makes no representations that Services are appropriate or available for use in other locations. Those who access or use Services from other countries do so at their own volition and are responsible for compliance with local law.
16. DISCLAIMER OF WARRANTIES & CONDITIONS
16.1. General Disclaimer: You expressly understand and agree that your use of the Services, or attendance at any GCI organized event, is at your sole risk. The Services, and any GCI events are provided on an “as is” and “as available” basis, with all faults. To the fullest extent permitted under applicable law, GCI parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement arising from the use of the Services.
16.2. No Warranty: GCI parties make no warranty, representation, or condition that:
(1) The services will meet your expectations or requirements;
(2) The information, content, and data on the Services is accurate, complete, or current;
(3) Your use of the Services will be uninterrupted, timely, secure, or error-free;
(4) Any errors on the Services will be corrected;
(5) Your use of the services will not expose your hardware or networks to additional security risk;
(6) The services will be compatible with your devices.
16.3. No Guarantee of Results: We do not guarantee results and make no promise that your business will be profitable and that you will make money using GCI’s products and services. If you use the Websites or become a client/user of GCI, you do so at your own risk and are solely responsible for any decisions and actions that result from your decision to use the Website or our services. You agree to take full responsibility for any results you may or may not receive from use of the Website or our services.
16.4. Content Access: Any content downloaded from or otherwise accessed through the Services is accessed at your own risk. You are solely responsible for any damage to your property or others, including, but not limited to, your computer system and any device you use to access the Services, or any other loss that results from accessing such content.
16.5. Service Disruptions: The Services may be subject to delays, cancellations, and other disruptions. GCI makes no warranty, representation, or condition with respect to the Services, including but not limited to, the quality, effectiveness, reputation, and other characteristics of the Services.
Certain jurisdictions' laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the foregoing disclaimers may not apply to you, and you might have additional rights.
17. LIMITATION OF LIABILITY
17.1. Disclaimer of Certain Damages: The GCI is not liable for any personal injury or loss of property that may occur at GCI events or venues. GCI does not guarantee business outcomes resulting from participation in GCI events or any networking opportunities. To the fullest extent permitted by applicable law, GCI parties shall not be liable for any loss of profits or revenue, indirect, incidental, special, or consequential damages, or damages or costs due to loss of data, production, or use, business interruption, or procurement of substitute goods or services, whether or not GCI has been advised of the possibility of such damages. This includes losses that were not foreseeable to you or GCI when the agreement was formed and losses that were not caused by any breach by GCI. We do not limit or exclude the GCI parties' liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors, and for fraud or fraudulent misrepresentation.
17.2. Limitation of Liability: GCI will not be liable for any loss of profit or any other commercial damages, including but not limited to direct, indirect, special, incidental, or consequential damages, arising out of or in connection with the use of our Site or Services. This includes, without limitation, claims arising from malfunctions or defects in the site or related software, inability to access or use the site, failures of performance, errors, omissions, interruptions, defects, delays in operation or transmission, computer viruses, or telecommunications or system malfunctions.
17.3. No Liability for Conduct of Third Parties: You acknowledge and agree that GCI parties are not liable, and you agree not to seek to hold GCI liable, for the conduct of third parties, including operators of external sites. The risk of injury from such third parties rests entirely with you.
17.4 Cap on Liability: Under no circumstances will the total aggregate amount that the GCI parties are liable to you exceed $100 (One Hundred US Dollars). The laws of some jurisdictions do not allow this limitation. If these laws apply to you, some or all of the limitations set forth in this section may not apply to you, and you might have other rights.
18. DISPUTE RESOLUTION
18.1. Governing Law: These Terms and Conditions, and any use of our site and GCI services, shall be governed by the laws of the State of New York, United States of America, regardless of any conflict of law provisions. If you use our website and/or services from other locations, you are solely responsible for compliance with all applicable state, local, federal, or international laws.
18.2. Exclusive Jurisdiction: Subject to the arbitration provisions below, any legal action or proceeding arising out of or related to these Terms and Conditions, the use of the GCI site, or GCI services shall be brought exclusively in the state or federal courts located in New York County, New York, USA. You hereby irrevocably consent to the jurisdiction and venue of such courts.
19. BINDING ARBITRATION
Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, your use of the GCI website or services, or any agreement with GCI (a “Dispute”), shall be resolved through final and binding arbitration administered by JAMS under its Comprehensive Arbitration Rules or Streamlined Arbitration Rules, as appropriate, and governed by the Federal Arbitration Act (FAA).
The arbitration may be conducted in person, by phone, online, or through document submission. If in-person, arbitration will take place in the U.S. county where you reside.
Exceptions: Either party may (i) bring an individual claim in small claims court in the jurisdiction of their residence if eligible; or (ii) seek provisional, equitable, or injunctive relief from a court of competent jurisdiction.
Arbitration decisions shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.
20. CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) You may not bring a Dispute as a representative of others or as a private attorney general.
YOU AGREE THAT YOU MAY ONLY BRING CLAIMS AGAINST GCI IN YOUR INDIVIDUAL CAPACITY.
21. EQUITABLE RELIEF
You acknowledge and agree that aNY breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, may cause irreparable harm to GCI. Accordingly, GCI may seek injunctive or equitable relief from a court of competent jurisdiction to prevent or stop such a breach, without waiving its right to arbitration. You irrevocably consent to the jurisdiction of the state and federal courts located in New York County, New York for purposes of any such action.
22. SEVERABILITY
If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. The remaining provisions will continue in full force and effect.
23.CONTACT INFORMATION For any questions or concerns about these Terms & Conditions, please contact us at support@gleam-group.com.
Last Updated Date on January 1, 2025
