Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and Misfit Island LLC ("we," "us," "our," or "Company"), the operator of Fix the Front Office (fixthefrontoffice.com) (the "Services"), governing your use of our website and services.

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must discontinue use of our Services immediately.

1. Acceptance of Terms

By accessing our website, completing our assessment, booking or engaging our services, or otherwise engaging with our content, you agree to comply with and be legally bound by these Terms, as well as our Privacy Policy and Cookie Policy, which are incorporated by reference into these Terms.

These Terms apply to all users of the Services, including visitors, clients, and any other individuals or entities that access or use our Services.

If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

2. Description of Services

Fix the Front Office provides facilitation and advisory services for sports organizations and leadership teams. These services include:

2.1 Facilitated Working Sessions

Designing and leading in-person or remote working sessions with leadership teams to surface stalled decisions, clarify ownership, and produce agreed-upon next steps. This includes the Unstuck Session and related engagements.

2.2 Assessment and Diagnostic Tools

The Find the Gap assessment and related diagnostic tools that help organizations identify where they are stuck across dimensions such as clarity, alignment, execution, and momentum.

2.3 Advisory and Facilitation Support

One-on-one interviews, advisory conversations, and facilitation support provided before, during, and after working sessions.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3. Use of the Assessment and Website

3.1 Accurate Information

When you complete the Find the Gap assessment or otherwise provide information through our Services, you agree to provide accurate and complete information to the best of your ability. The value of any output depends on the accuracy of the information you provide.

3.2 No Account Required

Our assessment does not require you to create an account or provide an email address to see your results. If you choose to share contact information to receive follow-up, you consent to us contacting you in connection with that request.

3.3 Responsibility for Use

You are responsible for how you use the Services and any output, summary, or recommendation provided through them.

4. Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Services to transmit any harmful, offensive, or illegal content
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Services or servers
• Use automated systems (bots, scrapers) without our written permission
• Reverse engineer, decompile, or disassemble any part of the Services
• Remove, alter, or obscure any proprietary notices or labels
• Impersonate any person or entity or misrepresent your affiliation
• Transmit any viruses, malware, or other malicious code
• Collect or harvest personal information about other users
• Use the Services for any commercial purpose without our written consent (except as expressly permitted by purchased services)
• Attempt to circumvent any access controls or usage restrictions

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, assessment instruments, methodologies, and the compilation thereof (collectively, "Our Content"), are the exclusive property of Misfit Island LLC or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of Our Content without our prior written consent, except as follows:

• You may temporarily download one copy of materials for personal, non-commercial viewing only
• You may print or download materials explicitly marked as downloadable for personal use
• You may share content via provided sharing features

5.2 Client Work Product

For facilitation and advisory services purchased by clients:

• Client-Provided Materials: You retain all rights to materials, data, and content you provide to us.
• Session Outputs: Summaries, decisions, and documentation produced during a working session belong to you, the client.
• Underlying Methodology: We retain ownership of any underlying frameworks, assessment instruments, templates, tools, or methodologies used in providing the Services, including the Find the Gap assessment.

5.3 Feedback and Suggestions

If you provide us with any feedback, suggestions, or ideas about our Services ("Feedback"), you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such Feedback for any purpose without compensation or attribution to you.

6. Payment Terms

6.1 Fees and Pricing

Certain Services require payment of fees. All fees are quoted in U.S. Dollars unless otherwise specified. Prices are subject to change with reasonable notice.

6.2 Payment Methods

We accept payment through third-party payment processors. By providing payment information, you represent and warrant that you are authorized to use the payment method provided.

6.3 Engagement Terms

For facilitation and advisory services:

• Fees and scope will be specified in your engagement confirmation or agreement.
• Sessions are typically offered on a flat-fee basis.
• Payment timing (deposit, in advance, or on completion) will be agreed before the engagement begins.

6.4 Cancellations and Rescheduling

Cancellation and rescheduling terms for booked sessions will be specified at the time of booking. Where a session has been delivered, fees for that session are non-refundable.

6.5 Taxes

Fees do not include applicable sales, use, or value-added taxes. You are responsible for paying all such taxes, except for taxes based on our income.

7. Not Professional Advice

Our Services, including facilitation, assessment outputs, and advisory guidance, are provided for business and informational purposes only and do not constitute legal, financial, medical, or other professional advice. You should consult with appropriate professionals before making decisions based on information from our Services.

8. Confidentiality

8.1 Confidential Information

During the course of providing Services, both parties may disclose proprietary or confidential information ("Confidential Information"). We agree to:

• Maintain the confidentiality of your Confidential Information
• Use Confidential Information only for the purpose of providing Services
• Not disclose Confidential Information to third parties without your consent (except as required by law)
• Implement reasonable security measures to protect Confidential Information

8.2 Exclusions

Confidential Information does not include information that:

• Is or becomes publicly available through no breach of these Terms
• Was rightfully known prior to disclosure
• Is independently developed without use of Confidential Information
• Is rightfully received from a third party without confidentiality obligations

9. Warranties and Disclaimers

9.1 Limited Warranty

We warrant that our Services will be performed in a professional and workmanlike manner consistent with industry standards.

9.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MISFIT ISLAND LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• ANY LOSS OR DAMAGE ARISING FROM YOUR INABILITY TO ACCESS OR USE THE SERVICES
• ANY LOSS OR DAMAGE ARISING FROM UNAUTHORIZED ACCESS TO YOUR DATA

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Misfit Island LLC, its officers, directors, employees, agents, licensors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any content or information you submit through the Services
• Your negligent or willful misconduct

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

12. Third-Party Links and Services

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by Misfit Island LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods, or services.

13. Termination

13.1 Termination by You

You may stop using the Services at any time. Termination does not relieve you of any payment obligations for services already rendered.

13.2 Termination by Us

We reserve the right to suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to violation of these Terms, fraudulent or illegal activity, or non-payment of fees.

13.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease, and sections of these Terms that by their nature should survive termination will remain in effect. You remain liable for all fees and charges incurred prior to termination.

14. Dispute Resolution

14.1 Informal Dispute Resolution

Before filing a claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 60 days.

14.2 Binding Arbitration

If we cannot resolve a dispute informally, any dispute arising from or relating to these Terms or the Services will be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

The arbitration will be conducted in Colorado, United States, and judgment on the arbitration award may be entered in any court having jurisdiction.

14.3 Exceptions to Arbitration

Either party may seek injunctive or other equitable relief in court to protect intellectual property rights, prevent unauthorized access to systems, or seek enforcement of the arbitration provision.

14.4 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law principles.

Any legal action or proceeding (other than arbitration) arising from these Terms shall be brought exclusively in the federal or state courts located in Colorado, and you consent to the personal jurisdiction of such courts.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of these Terms and, for material changes, provide notice via prominent website notice.

Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Misfit Island LLC regarding the Services and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.

17.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms or any rights granted hereunder, by operation of law or otherwise, without our prior written consent. We may assign these Terms without restriction.

17.5 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, labor disputes, or government actions.

18. Contact Us

If you have any questions, concerns, or disputes regarding these Terms of Service, please contact us: