TERMS OF USE | D5 Consulting LLC

EFFECTIVE: OCTOBER 27, 2025

Acceptance of Terms

Welcome to D5 Consulting Group LLC ("D5," "we," "us," or "our"). By accessing our website (www.d5consultinggroupllc.com) or engaging our services, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms, please do not use our website or services.

Description of Services

D5 Consulting Group provides organizational resilience consulting, training, and assessment services, including but not limited to:

The 5 STRENGTHS Assessment™
Workplace violence prevention training
Active shooter response and crisis leadership training
Leadership development and executive coaching
Culture transformation and team effectiveness programs
Emergency preparedness and organizational development

Intellectual Property Rights

Proprietary Materials: The D5 STRENGTHS Model™, D5 STRENGTHS Assessment™, and all related frameworks, methodologies, training materials, reports, and content are proprietary to D5 Consulting Group LLC and are protected by copyright, trademark, and other intellectual property laws.

Restrictions: You may not:

Reproduce, distribute, or create derivative works from our proprietary materials without written permission
Use theD 5 STRENGTHS Model™ or Assessment™ for commercial purposes
Claim ownership of D5's intellectual property
Reverse engineer or attempt to extract our proprietary methodologies

Training Materials: Materials provided during training sessions are for the internal use of the client organization only and may not be shared, sold, or distributed to third parties without express written consent.

Service Engagement Terms

Proposals and Agreements: Specific consulting and training engagements are governed by separate written proposals, service agreements, or statements of work. In the event of conflict between these Terms of Use and a separate service agreement, the service agreement controls.

Assessment Process: The D5 STRENGTHS Assessment™ is a diagnostic tool providing observations and recommendations based on information provided during structured interviews. Assessment results are advisory in nature and do not guarantee specific outcomes.

Client Responsibilities: Clients are responsible for:

Providing accurate and complete information during assessments
Implementing recommendations in a manner appropriate to their organization
Ensuring participant attendance and engagement in training programs
Maintaining confidentiality of proprietary D5 materials

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

D5 Consulting Group provides consulting, training, and assessment services on an "AS IS" and "AS AVAILABLE" basis. While we strive to deliver high-quality, professional services:

We do not guarantee:

Specific outcomes or results from our services
Prevention of all workplace incidents or crises
Complete elimination of organizational risks
That implementation of recommendations will resolve all challenges

We are not liable for:

Decisions made by clients based on our recommendations
Incidents occurring despite training or preparedness efforts
Indirect, incidental, consequential, or punitive damages
Lost profits, revenue, or business opportunities
Damages exceeding the fees paid for services rendered

Important Note: Our training and consulting services are designed to enhance organizational preparedness and resilience. However, they do not replace legal counsel, mental health services, or other specialized professional services. Organizations should consult appropriate licensed professionals for specific legal, medical, or clinical matters.

Professional Disclaimer

D5 Consulting Group services are provided independently and are based on decades of practitioner experience in crisis response, organizational leadership, and training. Our training incorporates law enforcement best practices and is customized for civilian organizational contexts. We are not providing legal advice, and our services do not create an attorney-client relationship.

Indemnification

You agree to indemnify and hold harmless D5 Consulting Group LLC, its owners, employees, and affiliates from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from:

Your use of our services or website
Your violation of these Terms of Use
Your implementation of recommendations
Your violation of any third-party rights

Cancellation and Refund Policy

Training and Workshops:

Cancellations made [30+ days] prior to scheduled date: Full refund
Cancellations made [15-29 days] prior: [50%] refund
Cancellations made less than [14 days] prior: No refund
Rescheduling is available subject to availability

Assessments and Consulting: Terms specific to assessment and consulting engagements are outlined in individual service agreements.

Confidentiality

Both parties agree to maintain confidentiality regarding:

Proprietary business information
Assessment findings and organizational data
Strategic recommendations and implementation plans
Any information designated as confidential

Exceptions include information that is publicly available, independently developed, or required to be disclosed by law.

Testimonials and Case Studies

With your permission, we may use anonymized or attributed testimonials, success stories, and case studies in our marketing materials. Specific organizational details will only be shared with explicit written consent.

Website Use and Conduct

Acceptable Use: You agree not to:

Use our website for unlawful purposes
Attempt to gain unauthorized access to our systems
Interfere with website operation or security
Harvest or collect information about other users
Post or transmit malicious code or harmful content

Governing Law and Dispute Resolution

These Terms of Use are governed by the laws of the State of New York, without regard to conflict of law principles.

Dispute Resolution: In the event of any dispute arising from these Terms or our services:

Parties agree to first attempt good-faith negotiation
If unresolved, parties agree to mediation before pursuing litigation
Venue for any legal action shall be in Tioga County, New York

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full effect.

Entire Agreement

These Terms of Use, together with our Privacy Policy and any separate service agreements, constitute the entire agreement between you and D5 Consulting Group regarding use of our website and services.

Changes to Terms

We reserve the right to modify these Terms of Use at any time. Material changes will be posted on our website with an updated effective date. Continued use of our services after changes constitutes acceptance of modified terms.

Contact Information

Questions about these Terms of Use should be directed to:

D5 Consulting Group LLC
Amira Davis, Co-Founder
Email: info@d5consultinggroupllc.com
Phone: (607) 205-8658
Website: www.d5consultinggroupllc.com

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