Terms of Use

Effective Date: October 4, 2026
Last Updated: October 4, 2026

Welcome to Holivay & Co.

These Terms of Use ("Terms") govern your access to and use of holivayandco.com and the content, resources, information, and functionality made available through the website (collectively, the "Website").

The Website is owned and operated by Holivay & Co. LLC, a Texas limited liability company ("Holivay & Co.," "we," "us," or "our").

By accessing or using this Website, you agree to these Terms. If you do not agree with these Terms, please do not use the Website.

1. Website Purpose

The Holivay & Co. Website provides information about our company, services, methodologies, resources, assessments, and advisory offerings.

Information presented on the Website is provided for general informational and business purposes. Your use of the Website alone does not create a client, advisory, consulting, fiduciary, partnership, joint venture, or other professional relationship between you and Holivay & Co.

A professional relationship is established only through a separate written agreement or other engagement process expressly accepted by Holivay & Co.

2. No Professional Advice

Content provided through the Website is intended for general business and informational purposes and should not be considered legal, tax, accounting, investment, financial, employment, valuation, brokerage, or other regulated professional advice.

Holivay & Co. provides strategic and operational advisory services. You remain responsible for your business decisions and for obtaining appropriate professional advice when necessary.

Nothing on this Website constitutes an offer to raise capital, broker securities, facilitate a securities transaction, provide investment advice, or act as a broker dealer or other regulated financial intermediary.

3. Intellectual Property

Unless otherwise stated, the Website and its content are owned by or licensed to Holivay & Co. and are protected by applicable intellectual property laws.

This includes, without limitation:

• Text and written content
• Graphics and visual materials
• Branding and design elements
• Frameworks and methodologies
• Assessment structures
• Diagnostic models
• Operational Intelligence concepts and materials
• Reports and report structures
• Worksheets and resources
• Processes and systems
• Software related materials
• Training and educational materials
• Other proprietary content developed by Holivay & Co.

The names Holivay & Co., Operational Readiness Assessment, and other names, marks, logos, slogans, or branding displayed on the Website may be trademarks, service marks, trade names, or other proprietary identifiers of Holivay & Co. or their respective owners.

Nothing in these Terms grants you ownership of Holivay & Co.'s intellectual property.

4. Permitted Use

You may access and use the Website for lawful personal or internal business purposes.

Unless Holivay & Co. provides prior written permission, you may not:

• Copy, reproduce, republish, distribute, sell, license, or commercially exploit Website content
• Modify or create derivative works from our proprietary materials
• Reproduce or use Holivay & Co. frameworks, assessments, methodologies, diagnostic structures, or other proprietary materials to provide services to others
• Remove copyright, trademark, or other proprietary notices
• Use Website content to develop, train, improve, benchmark, or replicate another commercial product, service, assessment, methodology, artificial intelligence system, or diagnostic tool
• Scrape, harvest, extract, or systematically collect Website content or data through automated means
• Attempt to gain unauthorized access to the Website, systems, accounts, or infrastructure
• Interfere with the operation or security of the Website
• Use the Website for unlawful, fraudulent, abusive, or harmful purposes
• Misrepresent your affiliation with Holivay & Co.

5. Assessments, Resources, and Proprietary Materials

Holivay & Co. may make assessments, questionnaires, reports, frameworks, educational materials, downloads, tools, or other resources available through the Website or in connection with our services.

Unless otherwise stated in a separate written agreement, these materials are provided for the recipient's own internal business use.

Purchasing or receiving a Holivay & Co. assessment, report, or resource does not transfer ownership of the underlying methodology, framework, software, assessment architecture, analytical process, or other Holivay & Co. intellectual property used to create it.

Specific terms applicable to purchased assessments or services may be provided separately and will govern those services in addition to these Terms.

6. Purchases and Scheduling

Certain Holivay & Co. services may be purchased or scheduled through third party scheduling or payment platforms linked from the Website.

By purchasing a service, you may be required to agree to additional terms applicable to that service.

Prices, service descriptions, deliverables, scheduling requirements, cancellation terms, and other conditions applicable to a particular service will be presented through the applicable booking process, service agreement, assessment terms, or other documentation.

Third party payment processors and scheduling platforms may also impose their own terms and privacy practices.

7. No Guarantee of Results

Holivay & Co. provides strategic analysis, operational insight, recommendations, and advisory support based on the information available to us and the scope of the applicable service.

Business results depend on numerous factors outside Holivay & Co.'s control.

Accordingly, we do not guarantee any particular business, operational, financial, revenue, profitability, growth, transaction, valuation, financing, investment, hiring, exit, or other outcome from using this Website, purchasing an assessment, implementing a recommendation, or engaging Holivay & Co.

Examples, observations, case studies, testimonials, or descriptions of past results do not guarantee similar results for any other business.

8. Accuracy and Availability

We make reasonable efforts to provide useful and accurate information through the Website. However, Website content may contain errors, omissions, or information that becomes outdated.

We may modify, remove, suspend, or discontinue any portion of the Website or its content at any time.

We do not guarantee that the Website will always be available, uninterrupted, error free, or free from harmful components.

9. Third Party Websites and Services

The Website may contain links to third party websites, platforms, applications, scheduling systems, payment processors, or other services.

These third parties operate independently from Holivay & Co.

We are not responsible for the content, availability, security, privacy practices, policies, products, or services of third parties.

Your use of a third party service is subject to that provider's applicable terms and policies.

10. Privacy

Your use of the Website is also subject to our Privacy Policy, which describes how Holivay & Co. collects, uses, and handles information.

Where you purchase or participate in a Holivay & Co. service, additional privacy, confidentiality, or information handling provisions may also apply.

11. User Submitted Information

If you submit information through the Website, a questionnaire, form, assessment, scheduling process, or other communication channel, you represent that you have the right to provide that information.

You agree not to knowingly submit information that:

• Violates applicable law
• Infringes another person's rights
• Contains malicious software or harmful code
• Is fraudulent or intentionally misleading
• You do not have authority to disclose

Your submission of business information does not transfer ownership of that information to Holivay & Co.

Information submitted in connection with a service may be used as reasonably necessary to provide that service and as described in our Privacy Policy and any applicable service agreement.

12. 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.

Holivay & Co. makes no warranties, express or implied, regarding the Website or its content, including warranties of merchantability, fitness for a particular purpose, noninfringement, accuracy, reliability, or availability.

Some jurisdictions may not permit certain warranty exclusions, so portions of this section may not apply to you.

13. Limitation of Liability

To the fullest extent permitted by applicable law, Holivay & Co. and its owners, officers, employees, contractors, representatives, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of, or inability to use, the Website.

This includes, without limitation, loss of profits, revenue, data, business opportunities, goodwill, or other intangible losses.

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited under applicable law.

Any limitations applicable to paid services may be addressed separately in the agreement governing those services.

14. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Holivay & Co. and its owners, officers, employees, contractors, representatives, and affiliates from claims, liabilities, damages, losses, and reasonable expenses arising from your unlawful use of the Website, violation of these Terms, or infringement of another person's rights.

15. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

Any dispute arising solely from use of the Website will be subject to applicable state and federal laws and jurisdictional requirements.

Any separate agreement governing a paid Holivay & Co. service may contain additional dispute resolution or governing law provisions.

16. Changes to These Terms

Holivay & Co. may update these Terms periodically to reflect changes to our Website, services, business practices, or legal requirements.

When changes are made, the "Last Updated" date at the top of this page will be revised.

Your continued use of the Website after updated Terms are posted constitutes acceptance of the revised Terms to the extent permitted by applicable law.

17. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

18. Entire Agreement Regarding Website Use

These Terms, together with our Privacy Policy and any other policies expressly incorporated by reference, constitute the agreement between you and Holivay & Co. regarding use of the Website.

Separate agreements, engagement terms, or assessment terms may govern paid services and will control in the event of a conflict regarding those services.

19. Contact

Questions regarding these Terms may be directed to:

Holivay & Co. LLC
Dallas, Texas
Email: hello@holivayandco.com

Website: holivayandco.com