Terms of Service

1. Client engagements are governed by their own agreements

Our consulting, assessment and coaching services are provided under a separate written agreement, such as a statement of work, proposal, enrollment agreement or data processing addendum, signed or accepted by the client ("Client Agreement").

If there is any conflict between these Terms and a Client Agreement, the Client Agreement controls. These Terms do not add to, change or replace any obligation in a Client Agreement. Personal data we process on a client's behalf is governed by the Client Agreement and our Privacy Policy.

2. Who can use the Sites

The Sites are intended for business professionals who are at least 18 years old. You agree to provide accurate information when you fill out a form, book a call, take a scorecard or sign up for a program.

3. Use of the Sites

We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Sites for your own business and informational purposes, subject to these Terms.

You agree not to:

• copy, reproduce, republish, sell or distribute content from the Sites, except for sharing links or brief quotes with attribution;
• scrape, crawl or use automated means to collect content or data from the Sites;
• use content from the Sites to train, fine-tune or build any artificial intelligence or machine learning model;
• attempt to gain unauthorized access to the Sites or the systems behind them, or interfere with their operation or security;
• upload or send anything unlawful, harmful, misleading, or that contains malicious code; or
• use the Sites in any way that violates applicable law or the rights of others.

4. Intellectual property

The Sites and everything on them, including text, graphics, logos, the 589, 2mm Club and Sales, Actually names and marks, frameworks, scorecards, tools, videos, podcast episodes and other materials, are owned by 589 or its licensors and are protected by copyright, trademark and other laws. Nothing in these Terms transfers any ownership to you.

Assessment questionnaires, scoring methods and related materials provided through Objective Management Group are the property of Objective Management Group and are used by 589 under license.

Ownership of deliverables created for a client is set out in that client's Client Agreement.

5. Tools, scorecards and content are informational

The 2mm Scorecard, calculators, articles, podcast episodes, videos and other content on the Sites are provided for general informational purposes. Results from self-service tools are based only on the answers you enter and are not a substitute for a full assessment or for advice tailored to your business.

Nothing on the Sites is legal, financial, tax, accounting or employment law advice. Assessment findings delivered under a Client Agreement are intended to be one input among several in any employment decision and should not be the sole basis for one.

6. Information you send us

When you submit a form, scorecard, message or other information through the Sites, you confirm that you have the right to share it. We handle personal information as described in our Privacy Policy.

If you send us ideas, suggestions or feedback about our services or content, we may use them without any obligation to you. This does not apply to confidential information shared under a Client Agreement or a nondisclosure agreement.

7. Programs, bookings and purchases

Pricing, schedules, payment terms, cancellation terms and refund terms for the 2mm Club and other paid programs are set out in the enrollment agreement, proposal or invoice for that program, and those terms apply to your purchase. Prices shown on the Sites may change at any time but will not change for a purchase already confirmed in writing.

When you book a call through a scheduling tool, please give notice if you need to cancel or reschedule.

8. Podcast and events

If you appear as a guest on the Sales, Actually podcast or at a 589 event, any recording and publication will be handled under the guest or speaker arrangement agreed with you.

9. Third-party sites and services

The Sites may link to or use third-party websites and services, such as LinkedIn, YouTube, podcast platforms, scheduling tools and payment providers. We do not control them and are not responsible for their content, policies or practices. Your use of them is governed by their own terms.

10. Disclaimers

The Sites and their content are provided "as is" and "as available." To the fullest extent permitted by law, 589 disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not guarantee that the Sites will be uninterrupted, error free or free of harmful components, or that any content is complete or current.

We do not guarantee any particular business result from using the Sites, their content or their tools.

11. Limitation of liability

To the fullest extent permitted by law, 589 and its owners, employees, contractors and licensors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or relating to your use of the Sites, even if we were advised of the possibility of those damages.

To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the Sites or these Terms is limited to one hundred U.S. dollars (US $100).

This section applies to your use of the Sites only. Liability in connection with services provided under a Client Agreement is governed solely by that Client Agreement.

12. Indemnity

You agree to defend, indemnify and hold harmless 589 and its owners, employees and contractors from any claims, losses and expenses (including reasonable attorneys' fees) arising from your misuse of the Sites or your violation of these Terms. This section does not apply to services provided under a Client Agreement, which carries its own terms.

13. Suspension

We may suspend or restrict access to the Sites, or any part of them, at any time, including if we believe you have violated these Terms. Sections 4, 5, 10, 11, 12, 14 and 15 continue to apply after your use of the Sites ends.

14. Governing law and disputes

These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict of law rules. Any dispute arising out of or relating to these Terms or the Sites will be brought exclusively in the state or federal courts located in Harris County, Texas, and you and 589 consent to the jurisdiction of those courts. Before filing any claim, each party agrees to try in good faith to resolve the dispute informally by contacting the other.

15. General

These Terms, together with our Privacy Policy, are the entire agreement between you and 589 about your use of the Sites, except where a Client Agreement applies. If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce any part of these Terms is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets.

16. Changes to these Terms

We may update these Terms from time to time. When we do, we will change the "Last updated" date at the top. Your continued use of the Sites after an update means you accept the updated Terms. Changes do not affect a Client Agreement already in place.

17. Contact us

589 Group LLC
Houston, Texas, United States
Email: kk@589inc.com