1. Acceptance of Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and AvonRisk LLC ("AvonRisk," "we," "our," or "us"). By accessing our website, engaging our services, or communicating with us—including via SMS/MMS—you agree to be bound by these Terms. If you do not agree, you must cease use of our services immediately.
2. Services Description
AvonRisk LLC provides expert-led consulting, growth strategy advisory, business development, and related professional services tailored to boutique Third-Party Administrators (TPAs) in the insurance and benefits industry. Specific deliverables, timelines, and fees are set forth in individual service agreements or statements of work executed between the parties.
3. SMS / Text Message Terms (10DLC Compliance)
10DLC & TCPA Compliance — SMS Terms
Program Description: AvonRisk LLC operates an SMS messaging program to communicate with current and prospective clients regarding consulting services, appointment scheduling, program updates, and business-related information.
Consent Requirement: We will only send SMS/MMS messages to individuals who have expressly opted in. Opt-in may occur via web form submission, written agreement, or verbal consent documented in our records. Consent to receive SMS messages is not a condition of purchasing any service.
Message Frequency: Message frequency varies. Typical usage is 2–8 messages per month.
Message & Data Rates: Standard message and data rates may apply per your mobile carrier plan.
Opt-Out Instructions: Reply STOP at any time to unsubscribe. A final confirmation message will be sent. No further messages will be transmitted after opt-out is processed.
Help: Reply HELP or contact info@avonrisk.com for support.
No Sharing: Mobile opt-in data and phone numbers collected through our SMS program are not sold, shared, or disclosed to third parties for marketing purposes.
Compliance: Our SMS program complies with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, CTIA Messaging Principles, and applicable 10DLC carrier registration requirements.
4. Engagement and Payment
All consulting engagements are subject to a mutually executed service agreement. Fees, payment schedules, and project scopes are specified therein. Unless otherwise agreed:
5. Intellectual Property
All materials, methodologies, frameworks, tools, reports, and deliverables created by AvonRisk LLC ("AvonRisk IP") remain the exclusive intellectual property of AvonRisk LLC unless expressly transferred in writing. Upon full payment, clients receive a limited, non-exclusive, non-transferable license to use deliverables for their internal business purposes.
You may not reproduce, distribute, resell, or create derivative works from AvonRisk IP without prior written consent.
6. Confidentiality
Each party agrees to keep confidential all non-public, proprietary, or sensitive information ("Confidential Information") disclosed by the other party in connection with the engagement. This obligation survives termination of services for a period of three (3) years, except where disclosure is required by law or order of a court of competent jurisdiction.
7. Disclaimer of Warranties
Our services are provided on an "as is" and "as available" basis. AvonRisk LLC makes no representations or warranties, express or implied, regarding the accuracy, completeness, or fitness for a particular purpose of any advice, materials, or services provided. We do not guarantee specific business outcomes, revenue targets, or growth results.
8. Limitation of Liability
To the fullest extent permitted by applicable law, AvonRisk LLC's total cumulative liability to you for any claims arising out of or related to our services shall not exceed the total fees paid by you to AvonRisk LLC in the three (3) months preceding the claim.
AvonRisk LLC shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, even if advised of the possibility of such damages.
9. Indemnification
You agree to indemnify, defend, and hold harmless AvonRisk LLC and its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or related to: (a) your breach of these Terms; (b) your misuse of our services or deliverables; or (c) your violation of any applicable law or third-party rights.
10. Termination
Either party may terminate a service engagement upon written notice as specified in the applicable service agreement. Upon termination, all outstanding fees for services rendered become immediately due. Provisions relating to intellectual property, confidentiality, limitation of liability, and indemnification shall survive termination.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of [INSERT STATE], without regard to its conflict of law provisions. Any disputes arising hereunder shall first be subject to good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with proceedings conducted in [INSERT CITY, STATE]. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction.
12. No Attorney-Client Relationship
Nothing in these Terms or in any communications from AvonRisk LLC creates an attorney-client relationship. AvonRisk LLC provides business consulting and growth strategy advisory services and is not a law firm. Clients requiring legal advice are encouraged to consult qualified legal counsel.
13. Website Use
Access to and use of our website is subject to these Terms. You agree not to engage in any activity that interferes with or disrupts the website, attempt to gain unauthorized access to any portion of the site, or use the site for unlawful purposes.
14. Force Majeure
Neither party shall be liable for delays or failure to perform obligations due to circumstances beyond their reasonable control, including natural disasters, government actions, pandemics, cyberattacks, or carrier outages.
15. Entire Agreement
These Terms, together with any executed service agreement or statement of work, constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior negotiations, representations, or agreements.
16. Amendments
We reserve the right to modify these Terms at any time. Updated Terms will be posted on our website with a revised effective date. Continued engagement of our services after such posting constitutes acceptance of the amended Terms.
17. Severability
If any provision of these Terms is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
18. Contact Information
Please reach out to privacy@avonrisk.com with any questions.
