Terms of service
Agreement to these terms
These terms govern your use of sivadentllc.com and any content, tools, or forms made available through it. The site is operated by Sivad Enterprises LLC, a limited liability company based in Denver, Colorado. In these terms, “Sivad Enterprises,” “we,” “us,” and “our” mean Sivad Enterprises LLC, and “you” means anyone using the site.
By using the site you accept these terms. If you do not accept them, do not use the site.
These terms cover the website. They do not cover consulting, training, coaching, advisory, or speaking work, which is governed by a separate written agreement described in Section 7.
Using the site
You may read, print, and share our published content for your own professional and internal business purposes, with attribution to Sivad Enterprises and without alteration.
You may not: copy or republish our content commercially or as part of a competing offering; use our content to train a machine learning model or build a derivative product; scrape, crawl, or harvest the site by automated means beyond ordinary search engine indexing; attempt to gain unauthorised access to any part of the site or its underlying systems; interfere with the site’s operation or its security features; use the site to send unlawful, misleading, defamatory, or infringing material; or misrepresent yourself or your affiliation when contacting us.
We may suspend or withdraw access to the site, in whole or in part, at any time and without notice. We do not guarantee that the site will be available without interruption.
Intellectual property
Website content
All content on this site, including text, graphics, page design, photographs, article content, and the arrangement of it, is owned by Sivad Enterprises LLC or licensed to us, and is protected by United States and international copyright law. The Sivad Enterprises name, the four-mark brand system, the wrench mark, and the phrase “conversational negotiation” as used to describe our method are our marks. Nothing on this site grants you a licence to use them.
Training materials, curricula, and frameworks
This section matters more than the one above it, because it covers what clients actually receive.
All course materials, curricula, workbooks, exercises, negotiation scenarios, assessment instruments, scoring rubrics, playbooks, templates, models, methodologies, and frameworks developed by Sivad Enterprises remain our property, including where they were developed or adapted in the course of an engagement and including where the client paid for that development. We license them; we do not transfer them.
What a participant or client organisation receives. A non-exclusive, non-transferable, perpetual licence to use the materials internally, for the education of its own personnel, for its own business purposes. That licence covers reproducing the materials internally for that purpose.
What that licence does not include. The right to deliver our training to anyone outside your organisation. The right to train your own instructors to deliver our curriculum, unless we have separately agreed a train-the-trainer arrangement in writing. The right to sell, sublicense, or distribute the materials. The right to incorporate them into a product or service you offer to others. The right to use them to build a competing training offering. The right to submit them to a machine learning system for training or fine-tuning purposes. The right to remove or obscure our attribution.
Recordings. Sessions may not be recorded without our written agreement in advance. Where recording is agreed, the recording is subject to the same licence and the same restrictions as the written materials, and the agreement will state how long the recording may be retained.
What is yours. Your data, your documents, your contracts, your supplier information, and your commercial facts remain yours. Where an engagement produces a deliverable built specifically around your business, such as a supplier strategy, a negotiation plan, or an assessment of your contract portfolio, that deliverable is yours to use as you see fit. The underlying method used to produce it remains ours. Where the two are difficult to separate, the separate written agreement for the engagement governs, and it should say so explicitly.
Feedback
If you send us suggestions about our materials or our site, we may use them without obligation to you and without compensation. This is not intended to reach confidential information you share with us during an engagement, which is covered in Section 8.
Website content is not professional advice
The articles, case studies, service descriptions, and other content on this site are published for general information. They are not consulting advice, legal advice, accounting advice, or a recommendation about any specific situation, and reading them does not create a consulting relationship, an advisory relationship, or any other professional relationship between you and Sivad Enterprises.
This matters in our field more than in most. We write about the Federal Acquisition Regulation, the Defense Federal Acquisition Regulation Supplement, cost and pricing data, contractor purchasing system reviews, subcontract flowdowns, and negotiation strategy. Those subjects turn on facts, on the specific contract in front of you, on your contract type, on your customer, and on regulations that change. What is right for one supplier is wrong for another, and what was right last year may not be right now.
Do not act on anything published here without advice appropriate to your situation. Nothing on this site is a substitute for your own counsel, your own contracts organisation, or your own compliance function. If you need advice on your circumstances, engage us or someone else properly, in writing, with the facts on the table.
Accuracy and availability
We take care with what we publish and we correct errors when we find them. We do not warrant that the content is complete, current, or free of error, and regulatory content in particular ages. Where a page cites a regulation, check the current text of the regulation rather than relying on our description of it.
We may change, suspend, or remove any part of the site at any time.
Engagement terms are separate
Nothing on this site is an offer to contract, and no engagement begins because a form was submitted, a call was held, or a proposal was discussed.
Consulting, training, coaching, advisory, and speaking work is governed by a separate written agreement signed by both parties, which will set out scope, deliverables, schedule, commercial terms, expenses, cancellation and rescheduling, confidentiality, ownership of deliverables, insurance, indemnities, term, and termination. Any statement of work or engagement letter forms part of that agreement.
Order of precedence. Where these terms conflict with a signed engagement agreement, the engagement agreement governs for the work it covers. These terms continue to govern your use of the website.
A purchase order, a supplier portal registration, or a set of standard terms attached to a payment system does not vary the engagement agreement unless we have agreed to that variation in writing and signed it.
Confidentiality
What you send us through this website is not confidential. The contact form and email are ordinary channels with ordinary security. Do not send proprietary information, competitively sensitive information, pricing data, contract documents, restricted government information, or export-controlled technical data through them. If you need to discuss something sensitive, tell us and we will agree an appropriate channel and, where warranted, a non-disclosure agreement before you send anything.
What you tell us during an engagement is confidential. Under a signed engagement agreement we treat your commercial information, supplier relationships, pricing, contract terms, negotiation positions, and personnel matters as confidential, use them only for the engagement, and disclose them only to people who need them for the work. Those obligations survive the end of the engagement.
We do not use one client’s information for another client’s benefit. Given that we work across suppliers and primes in the same industry, that is worth stating plainly rather than leaving to inference. Where two engagements would create a conflict, we will tell you before accepting the second one.
General knowledge and experience. Nothing in this section prevents us from using the general skill, knowledge, and experience we accumulate. What we may not use is your specific confidential information.
Client references. We do not name a client, describe an engagement in identifiable terms, or use a client’s logo without written permission. Where we publish case material, it is anonymised unless the client has agreed otherwise in writing.
Export control and technical data
Sivad Enterprises works with organisations in the aerospace and defense industry. Both of us have obligations under United States export control law, and this section sets out how they apply.
Site content. Content published on this website is general commercial information intended for public release. It is not technical data as defined by the International Traffic in Arms Regulations (22 CFR Parts 120 to 130), and it is not technology or software subject to the Export Administration Regulations (15 CFR Parts 730 to 774), and it is not intended to constitute a defense service.
What you must not send us. Do not transmit ITAR-controlled technical data, EAR-controlled technology or software, or restricted or sensitive government information to us through this website, through the contact form, through the scheduling calendar, or by ordinary email. Doing so may itself be an unauthorised export, and it is your responsibility as the holder of that data, not ours. Where an engagement requires access to controlled data, the handling method, the authorisation basis, and any required licence or agreement will be established in writing before the data moves.
Foreign persons and deemed exports. Releasing controlled technical data to a foreign person inside the United States is an export to that person’s country of nationality. Training rooms are where this most often gets missed. If any participant in a session is a foreign person as defined in 22 CFR 120.63, or if a session will be delivered outside the United States or attended remotely from outside the United States, tell us before the session is scheduled so that content and delivery can be structured appropriately. Sivad Enterprises training content is written for public release, but material a client brings into the room, including its own contracts, drawings, specifications, and supplier data, may not be.
Sanctions and restricted parties. We do not provide services to persons or entities located in embargoed or sanctioned jurisdictions, or to parties on United States restricted party lists, including the Specially Designated Nationals and Blocked Persons List, the Denied Persons List, the Entity List, and the Debarred List. By engaging us you confirm that you are not such a party and are not acting on behalf of one.
Your compliance. You are responsible for complying with export control law in your use of this site and in any engagement, including obtaining any licence, agreement, or authorisation required for your data.
Satisfaction guarantee
No warranty
The site and its content are provided as they are and as available, without warranty of any kind. To the fullest extent permitted by law we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the site will be uninterrupted, secure, error-free, or free of harmful components.
We do not warrant that any result described on this site will be achieved in your circumstances. Outcomes in negotiation and supply chain work depend on facts we do not control, including your counterparty, your contract, your programme, and your organisation.
Limitation of liability
To the fullest extent permitted by law, Sivad Enterprises LLC and its members, officers, and personnel will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, lost savings, lost data, or business interruption, arising out of or relating to your use of this site, whether the claim is in contract, tort, statute, or otherwise, and whether or not we were advised that such damages were possible.
Our total aggregate liability arising out of or relating to your use of this site will not exceed one hundred United States dollars.
Liability arising from an engagement is governed by the limitation of liability in the signed engagement agreement for that engagement, not by this section.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so parts of the two sections above may not apply to you. Nothing here limits liability for fraud, fraudulent misrepresentation, or anything else that cannot lawfully be limited.
Indemnification
You agree to indemnify and hold harmless Sivad Enterprises LLC and its members, officers, and personnel from any claim, loss, liability, or expense, including reasonable legal fees, arising from your use of the site in breach of these terms, your violation of any law or the rights of a third party, or your transmission to us of information you were not authorised to transmit, including restricted or sensitive government information sent contrary to Section 9.
Third-party links and services
This site links to and embeds services operated by others, including the scheduling calendar and contact form provided by Zoho. We do not control those services, are not responsible for their content or their availability, and a link is not an endorsement. Their own terms and privacy policies apply to your use of them. How information passing through them is handled is described in our privacy policy.
Governing law
These terms and any dispute arising out of them or out of your use of this site are governed by the laws of the State of Colorado, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
You agree that the state and federal courts located in Denver County, Colorado have exclusive jurisdiction, subject to Section 16.
Dispute resolution
Talk to us first. Before starting formal proceedings, contact us with a written description of the dispute and what you want to resolve it. We will do the same. Most disputes of this size resolve in a conversation, and both parties are better off for having had it. Neither party may commence formal proceedings until 30 days after that notice, except to seek urgent injunctive relief.
Mediation. If the dispute is not resolved within 30 days, the parties will attempt mediation in Denver, Colorado before a mutually agreed mediator, sharing the mediator’s costs equally.
Time limit. Any claim arising out of your use of this site must be brought within one year of the events giving rise to it, to the extent that limitation is enforceable.
Changes to these terms
We may update these terms. The effective date at the top shows when the current version took effect, and continuing to use the site after a change means you accept the updated terms. A change to these terms does not alter a signed engagement agreement already in place.
General
Severability. If any provision is found unenforceable, the rest remains in force and the unenforceable provision is applied to the maximum extent permitted.
No waiver. If we do not enforce a provision, that is not a waiver of it.
Assignment. You may not assign your rights under these terms. We may assign ours in connection with a merger, acquisition, or sale of assets.
Entire agreement. These terms, together with the privacy policy, are the entire agreement between you and Sivad Enterprises regarding your use of this site, and they supersede any prior understanding about it. They do not supersede a signed engagement agreement.
No third-party beneficiaries. These terms do not give rights to anyone who is not a party to them.
Contact
Sivad Enterprises LLC
Denver, Colorado