Terms of Service Disclaimer and Limitation of Liability

1. Binding Acceptance

By accessing this website, requesting information, or engaging services, you acknowledge and agree to be legally bound by these Terms. If you do not agree, you must immediately discontinue use of the website and services.

2. Nature and Scope of Services

All services are strictly educational, informational, and advisory in nature. Services may include compliance reviews, inspection readiness preparation, mock inspections, documentation assessments, training, and strategic regulatory guidance.

No services provided constitute:

    • Legal representation
    • Regulatory certification or approval
    • Product release authorization
    • Government endorsement
    • Assumption of regulatory responsibility

We do not act as manufacturer, specification developer, marketing authorization holder, authorized representative, regulatory sponsor, importer, distributor, or responsible person in any jurisdiction.

3. Sole Responsibility of Client

The client retains full and exclusive responsibility for:

    • Compliance with all applicable laws and regulations worldwide
    • Product design, manufacture, validation, labeling, distribution, and post-market activities
    • Regulatory submissions and communications
    • Implementation of any recommendation
    • All business and operational decisions

No responsibility transfers to the consultant under any circumstances.

4. No Warranty and No Guarantee

All services and materials are provided ‘as is’ and ‘as available,’ without warranty of any kind, express or implied.

No representation or guarantee is made regarding:

    • Inspection outcomes
    • Regulatory approvals or clearances
    • Avoidance of enforcement actions
    • Market authorization
    • Commercial success or compliance status

5. Absolute Limitation of Liability

To the fullest extent permitted by applicable law worldwide, the consultant shall have no liability for any claim arising out of or related to the use of the website or services.

Under no circumstances shall the consultant be liable for:

    • Regulatory enforcement actions or penalties
    • Warning letters, recalls, seizures, injunctions, import alerts, consent decrees
    • Product liability claims
    • Business interruption
    • Loss of revenue, profits, contracts, goodwill, data, or reputation
    • Consequential, incidental, indirect, exemplary, or punitive damages

If liability is imposed notwithstanding this provision, total aggregate liability shall not exceed the total professional fees actually paid for the specific engagement giving rise to the claim.

6. Indemnification and Defense

The client agrees to defend, indemnify, and hold harmless the consultant and its affiliates from any and all claims, liabilities, losses, damages, penalties, regulatory actions, costs, and expenses, including attorneys’ fees, arising from:

    • The client’s products or services
    • The client’s regulatory status
    • Reliance upon advisory guidance
    • Implementation or failure to implement recommendations

7. No Agency or Fiduciary Relationship

Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship. The consultant acts solely as an independent contractor.

8. Mandatory Arbitration; Waiver of Jury and Class Actions

Any dispute arising from these Terms or services shall be resolved exclusively through binding arbitration in the State of California before a single arbitrator.

The parties waive trial by jury and participation in class or collective actions.

9. Governing Law

These Terms shall be governed by and construed under the laws of the State of California.

10. Force Majeure

The consultant shall not be liable for delay or failure to perform resulting from causes beyond reasonable control, including governmental action, regulatory changes, natural disasters, cyber incidents, labor disruptions, or other force majeure events.

11. Global Application

These Terms apply to clients and users worldwide. Regulatory compliance obligations remain solely with the client regardless of jurisdiction.

12. Severability and Survival

If any provision is found unenforceable, the remaining provisions shall remain in full force and effect. Limitation of liability, indemnification, arbitration, and governing law provisions survive termination.

13. Entire Agreement

These Terms constitute the entire understanding relating to website use and advisory services unless superseded by a separately executed written agreement.

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