Terms of Use
1. Agreement to these terms
This website is operated by Gemstone Consulting Services, LLC ("Gemstone," "we," "us"). By using this website, completing an assessment or quiz, or purchasing a product or service from us, you agree to these Terms of Use and to our Privacy Policy. If you do not agree, do not use this website or our products and services.
If you use this website or make a purchase on behalf of an organization, you confirm that you are authorized to accept these terms for that organization.
2. Not legal advice
Gemstone is not a law firm and does not provide legal advice. Our templates, policies, forms, assessments, quizzes, sessions, workshops, and other materials are general information and practical starting points only. Using them does not create an attorney-client relationship.
Laws and regulations, including HIPAA, 42 CFR Part 2, and state confidentiality and employment laws, vary by organization and jurisdiction and change over time. You are responsible for having your own legal counsel or compliance officer review any policy, form, or practice before you adopt it.
3. Assessments, quizzes, and AI chat
Results from our assessments and quizzes are based only on the answers you provide. They are for informational purposes and are not a compliance determination, audit, or certification.
The chat assistant on our website is an automated AI tool. Its responses may be incomplete or inaccurate and are not professional advice. Do not enter confidential or health information into the chat.
4. Digital products
License. When you purchase a digital product, such as a toolkit, template, or guide, we grant you a limited, non-exclusive, non-transferable license to use it within your own organization, including all locations operated by the same legal entity. You may edit and adapt the materials for your organization's internal use.
Your license does not permit you to:
- share, sell, resell, or distribute the materials to anyone outside your organization, including affiliated organizations that are separate legal entities, grantees, members, or networks;
- use the materials to provide services to others, including as a consultant to other organizations;
- post the materials publicly or make them available for download by others.
Use beyond this license, such as across multiple organizations, requires a separate written license from us.
Access. Purchased digital products are available for 30 days after purchase. You are responsible for downloading and saving your files within that period. Access is not restored after it ends.
No refunds. All sales of digital products are final. Because digital products are delivered immediately, we do not offer refunds, exchanges, or credits for them.
5. Paid sessions and services
Scheduling. Paid sessions are scheduled through our booking calendar. You may cancel or reschedule a session at no charge with at least 24 hours' notice before the scheduled start time.
Late cancellations. If you cancel or ask to reschedule with less than 24 hours' notice, we will allow one reschedule the first time this happens, subject to a rescheduling fee. Any later late cancellation results in forfeiture of the session, with no refund.
No-shows. If you do not attend a scheduled session without notice, the session is forfeited and no refund is given.
Cancelling during a service. If you cancel a service after it has begun, you will receive a refund of the amount paid minus the cost of services already provided, calculated at our standard rates.
Payments. Payments are processed by Stripe. Prices are listed in U.S. dollars and may change at any time, but a change will not affect a purchase you have already made.
6. Client engagements
Consulting engagements, workshops, and other services provided under a signed agreement, proposal, or statement of work are governed by that agreement. If that agreement conflicts with these Terms of Use, the signed agreement controls.
7. Intellectual property
All content on this website and in our products and services, including text, templates, forms, assessments, quizzes, frameworks such as the RISE Method, graphics, logos, and podcast content, is owned by Gemstone or our licensors and is protected by copyright and trademark law. Except as allowed by a license in these terms, you may not copy, reproduce, distribute, sell, or create derivative works from our content without our written permission.
8. Acceptable use
You agree not to use this website to break the law, submit false information, interfere with the website's operation, attempt to gain unauthorized access to our systems, or collect information about other users. We may refuse service or end access for anyone who violates these terms.
9. Third-party tools and links
Our website and services may use or link to third-party tools and websites, such as payment processing, scheduling, and video meeting services. We do not control them and are not responsible for their content, availability, or practices. Your use of them is subject to their own terms and policies.
10. Privacy
Our collection and use of personal information is described in our Privacy Policy.
11. Disclaimer of warranties
This website and our products, materials, and services are provided "as is" and "as available." To the fullest extent allowed by law, we make no warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not guarantee that use of our materials will result in regulatory compliance, a successful survey or audit, or any particular outcome.
12. Limitation of liability
To the fullest extent allowed by law, Gemstone and its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or funding, arising from your use of this website or our products and services.
Our total liability for any claim relating to this website or our products and services will not exceed the amount you paid us for the product or service giving rise to the claim in the 12 months before the claim arose.
13. Indemnification
You agree to defend, indemnify, and hold harmless Gemstone and its owners, employees, and contractors from any claim, loss, or expense, including reasonable attorneys' fees, arising from your breach of these terms, your misuse of our materials, or your violation of any law or the rights of a third party.
14. Governing law and disputes
These terms are governed by the laws of the State of New York, without regard to its conflict of law rules. Any dispute arising from these terms or your use of our website, products, or services will be brought exclusively in the state or federal courts located in Westchester County, New York, and you consent to the jurisdiction of those courts.
15. Termination
We may suspend or end your access to this website or our products and services at any time if you violate these terms. Sections of these terms that by their nature should continue, including those on intellectual property, disclaimers, limitation of liability, indemnification, and governing law, survive termination.
16. General
If any part of these terms is found unenforceable, the rest remains in effect. Our failure to enforce any provision is not a waiver of it. These terms, our Privacy Policy, and any signed agreement described in Section 6 are the entire agreement between you and us about their subject matter.
17. Changes to these terms
We may update these terms at any time by posting a new version on this page and changing the "Last updated" date. Changes apply to use of the website and purchases made after they are posted.
18. Contact us
Questions about these terms: [email protected]
Gemstone Consulting Services, LLC, Westchester County, New York