1. Agreement to Terms
By accessing or using the website and services of Thomas E. MacDonald and the ProQ® ecosystem ("we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not access or use our website or services.
These Terms constitute a legally binding agreement between you and Thomas E. MacDonald regarding your use of our website, content, assessments, frameworks, and related services (collectively, the "Services").
2. Intellectual Property Rights
All content, materials, trademarks, service marks, logos, and intellectual property displayed on or available through our Services are the property of Thomas E. MacDonald, ProQ Systems Inc., or their respective owners and are protected by applicable intellectual property laws.
This includes but is not limited to: ProQ®, Progressive Intelligence™, Human Scalability™, Adaptive Leadership™, ProQ Framework™, ProQ ScaleLab™, CoPilot Certification™, ProQ Assessment™, and all related logos, content, methodologies, frameworks, and materials.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our materials without our prior written consent.
3. Use of Services
You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to:
• Use our Services in any way that violates any applicable law or regulation
• Use our Services to exploit, harm, or attempt to exploit or harm minors
• Transmit any advertising or promotional material without our prior written consent
• Impersonate or attempt to impersonate Thomas E. MacDonald, any employee, or another user
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services
4. Assessments and Tools
Our assessments, calculators, scorecards, and diagnostic tools (including the ProQ Assessment™, Chaos Tax Calculator™, Founder Dependency Scorecard™, and Business Cliff Assessment™) are provided for informational and educational purposes. Results are not intended to be professional advice, diagnosis, or treatment.
Your use of assessments and tools may be subject to additional terms provided at the time of use.
5. Disclaimer of Warranties
Our Services are provided on an "AS IS" and "AS AVAILABLE" basis. We make no representations or warranties of any kind, express or implied, as to the operation of our Services or the information, content, materials, or products included on our Services.
To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
6. Limitation of Liability
To the fullest extent permitted by applicable law, Thomas E. MacDonald and ProQ Systems Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:
• Your access to or use of, or inability to access or use, the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content
7. Indemnification
You agree to defend, indemnify, and hold harmless Thomas E. MacDonald, ProQ Systems Inc., and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the Services.
8. Governing Law
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.
9. Changes to Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.
10. Contact Information
Questions about the Terms of Service should be sent to us at:
Thomas E. MacDonald
Email: tom@proqsystems.com
Or through our contact page: