Welcome to the website of Obsidian Management (“Obsidian,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of obsidianhosp.com (the “Website”).By accessing or using the Website, you agree to these Terms. If you do not agree with these Terms, please do not use the Website.
1. Purpose of the Website
The Website provides general information about Obsidian Management, our capabilities, services, experience, approach, and potential business engagements. Content provided on the Website is for general informational purposes only and should not be considered professional, financial, legal, accounting, investment, employment, or other specialized advice.You should not make business, financial, operational, employment, or other material decisions solely in reliance on information presented on the Website.
2. No Client or Professional Relationship
Accessing the Website, submitting an inquiry, communicating with Obsidian, or scheduling or participating in an introductory meeting does not by itself create a client, consulting, advisory, fiduciary, employment, partnership, joint venture, agency, or other professional relationship between you and Obsidian Management.Any professional engagement with Obsidian will be subject to a separate written agreement defining the applicable scope of services, responsibilities, fees, terms, and conditions.Obsidian is under no obligation to accept or pursue any inquiry, opportunity, project, or proposed engagement submitted through the Website.
3. Website Inquiries and Submitted Information
When you submit information through the Website, you represent that the information you provide is accurate to the best of your knowledge and that you have the authority to provide it.Please do not submit confidential, proprietary, trade-secret, privileged, or highly sensitive information through the Website unless specifically requested by Obsidian.Submitting information through the Website does not create a confidential, fiduciary, or professional relationship. Information submitted through the Website will be handled in accordance with our Privacy Policy.
4. Intellectual Property
Unless otherwise stated, the Website and its contents—including text, graphics, branding, logos, design elements, photographs, images, layouts, concepts, and other materials—are owned by, licensed to, or used with permission by Obsidian Management and are protected by applicable intellectual-property laws.You may access and use the Website for legitimate personal or business informational purposes.You may not, without prior written permission from Obsidian, reproduce, republish, distribute, modify, publicly display, commercially exploit, create derivative works from, or otherwise use substantial portions of Website content except as permitted by applicable law.Nothing on the Website grants any license or right to use Obsidian's trademarks, trade names, branding, logos, or other proprietary materials without prior written authorization.
5. Acceptable Use
You agree not to use the Website in a manner that:Violates applicable law or regulationInfringes the rights of Obsidian or any third partyAttempts to gain unauthorized access to the Website, systems, accounts, or infrastructure Introduces malicious software, harmful code, automated attacks, or disruptive technologiesInterferes with the operation, availability, security, or performance of the WebsiteUses automated means to scrape, extract, harvest, or systematically collect Website content or data without authorization Misrepresents your identity, affiliation, or authorityUses the Website for fraudulent, deceptive, abusive, or unlawful purposes. We may restrict or terminate access to the Website when reasonably necessary to protect Obsidian, our systems, other users, or third parties.
6. No Guarantee of Results
Any descriptions of Obsidian's services, methodologies, capabilities, strategies, experience, or potential outcomes are provided for informational purposes.Business and hospitality results depend on numerous factors outside Obsidian's control, including market conditions, ownership decisions, management execution, staffing, financial resources, competition, location, economic conditions, and other circumstances.Obsidian does not guarantee any particular financial, operational, commercial, staffing, development, revenue, profitability, or other outcome from the use of information on the Website or from any potential engagement.Any specific commitments or performance obligations applicable to a client engagement will be governed exclusively by the applicable written agreement.
7. Website Accuracy and Availability
We strive to maintain useful and accurate information on the Website, but we do not guarantee that all content will always be complete, accurate, current, or error-free.Information, services, descriptions, availability, and Website content may be modified, updated, suspended, or removed without notice.We do not guarantee uninterrupted or error-free access to the Website.
8. Third-Party Websites and Services
The Website may contain links to or integrations with third-party websites, platforms, social networks, scheduling systems, or other services.These links are provided for convenience and do not necessarily constitute endorsement, sponsorship, or approval by Obsidian.We do not control and are not responsible for the availability, content, security, accuracy, privacy practices, terms, or conduct of third-party websites or services.Your use of third-party services is subject to their respective terms and policies.
9. Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Website and its content are provided on an “as is” and “as available” basis.Obsidian Management disclaims warranties regarding the Website, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, accuracy, availability, and non-infringement, to the extent such warranties may lawfully be disclaimed. Nothing in these Terms excludes warranties or rights that cannot legally be excluded.
10. Limitation of Liability
To the fullest extent permitted by applicable law, Obsidian Management and its owners, officers, employees, contractors, representatives, and affiliates will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to your access to, use of, or inability to use the Website or reliance on Website content.Nothing in these Terms limits liability that cannot lawfully be limited or excluded.
11. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless Obsidian Management and its owners, officers, employees, contractors, representatives, and affiliates from claims, liabilities, damages, losses, and reasonable costs arising from your unlawful misuse of the Website, your violation of these Terms, or your infringement of the rights of another person or entity.
12. Privacy
Your use of the Website is also subject to our Privacy Policy, which describes how we collect, use, disclose, and protect personal information.Where there is a conflict between these Terms and the Privacy Policy regarding the handling of personal information, the Privacy Policy will govern that subject matter.
13. Changes to These Terms
We may revise these Terms periodically to reflect changes in the Website, our business, applicable law, or our practices.When these Terms are updated, the “Last Updated” date at the top of this page will be revised.Your continued use of the Website following an update constitutes acceptance of the revised Terms to the extent permitted by applicable law.
14. Governing Law
These Terms and disputes arising from your use of the Website will be governed by the laws of the state in which Obsidian Management maintains its principal place of business, without regard to conflict-of-law principles, except where applicable law requires otherwise.Any specific dispute-resolution, venue, arbitration, or governing-law provisions relating to professional services will be established separately in the applicable client agreement.
15. Severability
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.
16. Entire Agreement Regarding Website Use
These Terms, together with the Privacy Policy and any other policies expressly referenced herein, constitute the agreement between you and Obsidian concerning your use of the Website.These Terms do not replace or modify any separate written agreement between Obsidian and a client, vendor, employee, contractor, or other party.
17. Contact
Questions regarding these Terms may be directed to: