Overview
These Terms and Conditions of Use ("Terms") apply to your access to, and use of, the Promesa Consulting Group website located at www.promesacgi.com (the "Site"). The Site is operated by Promesa Consulting Group, Inc. ("Promesa," "we," "us," or "our"), a certified Service-Disabled Veteran-Owned Small Business (SDVOSB) headquartered at 1717 N Street NW, Suite 400, Washington, DC 20036.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING, BROWSING, OR OTHERWISE USING THE SITE. By accessing and using the Site, you accept these Terms in full, without limitation or qualification. If you do not agree to these Terms, please do not use the Site. If at any time any part of these Terms is no longer acceptable to you, please immediately discontinue your use of the Site.
Right to Change, Modify, or Delete These Terms
Promesa reserves the right to change, modify, add, or remove portions of these Terms at any time, without prior notice. Changes will be effective immediately upon posting to the Site. We encourage you to review these Terms periodically. Your continued use of the Site following the posting of any changes constitutes your acceptance of those changes.
Privacy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at www.promesacgi.com/privacy-policy.html for information regarding how Promesa collects, uses, stores, and protects your personal information. By using the Site, you also consent to the practices described in our Privacy Policy.
Copyright and Use of Site Content
This Site and all of its content — including but not limited to text, articles, reports, service descriptions, practice area overviews, press releases, biographies, photographs, illustrations, graphics, logos, trademarks, trade names, service marks, and other materials (collectively, the "Content") — is the property of Promesa Consulting Group, Inc. and is protected by U.S. copyright law, trademark law, international conventions, and other applicable intellectual property laws.
Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any Content without the prior written permission of Promesa. Unauthorized reproduction, redistribution, modification, or commercial use of the Content is strictly prohibited.
Subject to your full compliance with these Terms, Promesa authorizes you to view the Content, make a single copy for your own lawful, personal, non-commercial use, and print that copy — provided that you maintain all copyright, trademark, and other intellectual property notices contained in the Content, and provided that the Content is not modified in any way.
Promesa encourages and permits links to Content on the Site. However, Promesa does not grant any license or permission for links or other use of the Site or its Content if such use or link: (a) suggests that Promesa promotes or endorses any third party's causes, ideas, political campaigns, websites, products, or services; (b) copies, displays, disseminates, or otherwise uses the Content without Promesa's express written consent; or (c) uses the Content for any commercial purpose. Promesa reserves the right to withdraw permission for any link at any time.
Please note that client engagement agreements between Promesa and its clients may contain additional or superseding terms regarding intellectual property rights and the use of Content developed or delivered in connection with those engagements. Nothing in these Terms modifies or limits the terms of any such client engagement agreement.
Nature of Consulting Services — Important Disclaimer
The Content on this Site is provided for general informational purposes only and is intended to describe Promesa's consulting capabilities and service areas. The Content does not constitute and should not be construed as professional consulting advice, legal advice, financial advice, accounting advice, tax advice, or any other form of professional advisory opinion.
Promesa's consulting, financial advisory, information technology, and human services advisory services are provided exclusively pursuant to formal engagement agreements with clients. Nothing on this Site creates or implies a client relationship between Promesa and any visitor to the Site.
Readers are solely responsible for assessing the relevance and accuracy of the Content on the Site and for obtaining appropriate independent professional advice before acting on any information presented on the Site.
Prohibited Conduct
You may use the Site for lawful purposes only. You agree that you will not use the Site to:
- Post, upload, transmit, or distribute any content that is defamatory, obscene, abusive, harassing, threatening, or otherwise objectionable
- Upload or transmit any content that contains computer viruses, malware, worms, Trojan horses, or any other destructive or disruptive code
- Violate or infringe the intellectual property rights, privacy rights, or other rights of any person or entity
- Post or transmit any false, misleading, or fraudulent information
- Use the Site for any unauthorized commercial purpose, solicitation, or advertising
- Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site
- Use automated means such as bots, scrapers, or crawlers to access, collect, or copy Content from the Site without Promesa's prior written consent
- Engage in any conduct that restricts or inhibits any other person from using or enjoying the Site
- Violate any applicable federal, state, local, or international law or regulation
Promesa reserves the right to investigate violations of these Terms and to take any action it deems appropriate, including terminating your access to the Site and cooperating with law enforcement authorities.
Online Requests and Inquiries
Promesa may offer to provide information, publications, or materials in response to inquiries submitted through the Site's contact form or other means. Promesa reserves the right, in its sole discretion, to decline to respond to any inquiry, reject any request for information or materials, or discontinue the provision of such information or materials to any person, for any reason.
Submission of an inquiry or contact form through this Site does not create an consultant-client, or any other professional relationship between you and Promesa.
Third-Party Links and External Websites
The Site may contain links to third-party websites or resources that are not owned or controlled by Promesa. Promesa provides these links for your convenience only and does not endorse, control, or take responsibility for the content, privacy practices, or availability of any external website.
You acknowledge that Promesa is not responsible for the content, accuracy, or privacy practices of any external site, and that your access to and use of any external site is governed by the terms and privacy policies of that external site. The inclusion of any link on our Site does not imply endorsement by Promesa of that website or its content. Promesa shall not be liable for any damages or losses arising from your use of any external website.
Intellectual Property Infringement Claims
Promesa respects the intellectual property rights of others. If you believe that any content on this Site infringes your copyright or other intellectual property right, please submit a written notice to Promesa containing the following information:
- A description of the copyrighted work or intellectual property right claimed to have been infringed
- A description of the material on the Site that you claim is infringing, and sufficient information to allow Promesa to locate the material
- Your name, address, telephone number, and email address
- A statement that you have a good faith belief that the use of the material is not authorized by the intellectual property owner, its agent, or the law
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or are authorized to act on the owner's behalf
- Your physical or electronic signature
Notices should be submitted to:
Promesa Consulting Group, Inc.
Washington, DC 20036
Site Access and Availability
Promesa makes no guarantee that the Site will be available at all times or without interruption. The Site may become temporarily unavailable due to scheduled maintenance, technical failures, security incidents, or other circumstances beyond Promesa's control.
You are solely responsible for ensuring that your use of the Site and any information or content obtained from the Site does not expose your systems to viruses, malware, or other harmful code. Promesa is not responsible for any damage to your computer systems, software, or data arising from your use of the Site.
Security Incidents and Data Breach Notification: In the event of a security incident that results in — or that Promesa has reasonable belief may result in — the unauthorized access, acquisition, use, or disclosure of personal or proprietary information, Promesa will investigate and respond promptly and in compliance with all applicable data breach notification laws, including but not limited to the District of Columbia Personal Information Security Breach Notification Act (D.C. Code § 28-3851 et seq.) and any other applicable federal or state notification requirements.
Where required by applicable law, Promesa will provide timely notification to affected individuals and to relevant regulatory authorities. The content, timing, and method of any such notification will be determined in accordance with the requirements of applicable law and the specific circumstances of the incident.
Promesa will take reasonable steps to contain and mitigate the impact of any security incident, to assess the scope and nature of the incident, and to implement measures reasonably designed to prevent recurrence. Nothing in these Terms limits Promesa's obligations under applicable breach notification law or any other legal requirement.
Restriction, Suspension, or Termination of Access
Promesa reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any portion of the Site at any time, for any reason, without prior notice or liability. Promesa may also change, suspend, or discontinue any aspect of the Site at any time, including the availability of any feature, content, or functionality, without prior notice.
Accessibility
Promesa is committed to ensuring that its website is accessible to individuals with disabilities. Promesa endeavors to conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, as published by the World Wide Web Consortium (W3C), and to comply with applicable requirements under Section 508 of the Rehabilitation Act of 1973, as amended, and Title III of the Americans with Disabilities Act of 1990 (ADA), to the extent applicable to Promesa's website.
If you experience difficulty accessing any portion of the Site due to a disability, or if you require the content of this Site in an alternative format, please contact Promesa at:
Washington, DC 20036
Promesa will make reasonable efforts to accommodate accessibility requests in a timely manner. This commitment to accessibility reflects Promesa's values as a certified Service-Disabled Veteran-Owned Small Business and its commitment to equitable access in all its operations.
Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PROMESA CONSULTING GROUP, INC., TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
PROMESA DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROMESA DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENCY OF ANY CONTENT ON THE SITE. YOUR USE OF THE SITE AND ANY CONTENT OBTAINED FROM THE SITE IS AT YOUR SOLE RISK.
THE CONTENT ON THIS SITE IS NOT INTENDED TO CONSTITUTE, AND SHOULD NOT BE RELIED UPON AS, CONSULTING ADVICE, LEGAL ADVICE, FINANCIAL ADVICE, ACCOUNTING ADVICE, OR TAX ADVICE. READERS ARE SOLELY RESPONSIBLE FOR OBTAINING INDEPENDENT PROFESSIONAL ADVICE BEFORE TAKING ANY ACTION BASED ON CONTENT FOUND ON THIS SITE.
THE SITE IS INTENDED SOLELY FOR USE BY INDIVIDUALS WHO ARE AT LEAST 18 YEARS OF AGE OR THE AGE OF MAJORITY IN THEIR JURISDICTION, WHICHEVER IS GREATER. BY USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU MEET THIS AGE REQUIREMENT AND THAT YOU HAVE THE LEGAL CAPACITY TO AGREE TO THESE TERMS. PROMESA DOES NOT KNOWINGLY PERMIT INDIVIDUALS UNDER THE AGE OF 18 TO USE THE SITE. IF PROMESA BECOMES AWARE THAT A PERSON UNDER THE AGE OF 18 HAS PROVIDED INFORMATION THROUGH THE SITE, PROMESA WILL TAKE STEPS TO REMOVE SUCH INFORMATION AND TERMINATE THAT PERSON'S ACCESS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROMESA CONSULTING GROUP, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE OR ANY CONTENT, EVEN IF PROMESA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, PROMESA'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You agree to indemnify, defend, and hold harmless Promesa Consulting Group, Inc. and its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the "Promesa Parties") from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of or access to the Site; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any content you submit, post, or transmit through the Site.
Promesa reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you agree to cooperate fully with Promesa's defense of any such claim.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the District of Columbia and applicable federal laws of the United States, without regard to conflict of laws principles. Any legal action or proceeding arising under or relating to these Terms or your use of the Site shall be brought exclusively in the federal or state courts located in Washington, DC, and you hereby consent to the personal jurisdiction and venue of such courts.
As a certified Service-Disabled Veteran-Owned Small Business operating primarily in the government contracting space, Promesa's engagements may additionally be subject to applicable federal acquisition regulations, agency-specific procurement rules, and other federal requirements. Nothing in these Terms modifies or supersedes any such obligations.
This Site is operated in the United States and is intended for users located in the United States. If you access the Site from outside the United States, you do so at your own initiative and are solely responsible for compliance with applicable local laws. Your use of the Site from outside the United States is subject to these Terms and the laws of the District of Columbia and the United States, regardless of where you are located.
Force Majeure
Promesa shall not be liable for any delay, failure, or interruption in the availability or performance of the Site arising from causes beyond Promesa's reasonable control, including but not limited to: acts of God; natural disasters; pandemics or public health emergencies; fire, flood, or earthquake; war, terrorism, civil unrest, or government actions; power outages or utility failures; internet service disruptions; cyberattacks, denial-of-service attacks, or other malicious interference with Promesa's systems; or any other event or circumstance beyond the reasonable control of Promesa (each, a "Force Majeure Event").
In the event of a Force Majeure Event, Promesa's obligations under these Terms shall be suspended for the duration of the Force Majeure Event. Promesa will use commercially reasonable efforts to restore Site availability as promptly as practicable following the conclusion of any such event. Nothing in this section limits Promesa's obligations under applicable data breach notification laws or other legal requirements.
Dispute Resolution and Arbitration
Informal Resolution: Before initiating any formal legal proceeding, you agree to contact Promesa at contact@rpnewmanlaw.com and provide a written description of the dispute, the relief sought, and your contact information. Promesa will attempt to resolve the dispute informally within thirty (30) days of receipt of your notice. Either party may pursue formal resolution if the dispute is not resolved within that period.
Binding Arbitration: Except as provided below, any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Site — including any question regarding the existence, validity, interpretation, breach, or termination of these Terms — that cannot be resolved informally shall be referred to and finally resolved by binding arbitration administered by JAMS (or any successor organization) in accordance with its then-current rules for commercial arbitration. The arbitration shall be conducted in Washington, DC, in the English language, before a single arbitrator.
The arbitrator shall have authority to award any relief that would be available in a court of competent jurisdiction. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The parties shall share equally the costs of arbitration, except that each party shall bear its own attorneys' fees unless the arbitrator determines that an award of fees is warranted.
Exceptions to Arbitration: Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or other irreparable harm, without first pursuing informal resolution or arbitration. Nothing in this section prevents Promesa from reporting suspected unlawful activity to law enforcement authorities.
Entire Agreement
These Terms, together with Promesa's Privacy Policy, constitute the entire agreement between you and Promesa with respect to your use of the Site and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral, relating to such subject matter.
No Waiver
Promesa's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver by Promesa of any breach or default shall be deemed a waiver of any preceding or subsequent breach or default. Any waiver by Promesa must be in writing and signed by an authorized representative of Promesa to be effective.
Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect.
Contact Us
If you have any questions about these Terms and Conditions, please contact us at:
Promesa Consulting Group, Inc.
Washington, DC 20036
