I. General Conditions
Please carefully read these Terms & Conditions before using our Services. By using our Services, you agree to be bound by these Terms & Conditions, including the Binding Arbitration Clause and Class Action Waiver described in Section IX, and the Privacy Policy. If you do not agree to these Terms & Conditions, you must not use our Services. If you violate these Terms & Conditions, we reserve the right to deny you access to our Services, together with any and all other legal remedies. The headings used herein are included for convenience only and will not limit or otherwise affect these Terms & Conditions.
II. Non-Exclusive, Non-Transferable License To Use Our Services
We grant you a limited, revocable, non-exclusive, non-transferable license to access and use our Services (including our website, dusktree.pro) and related content for your personal, non-commercial career planning purposes—provided you comply with these Terms & Conditions and applicable law. Our “Services” include personalized career planning consulting, one-on-one coaching, career transition support, skills gap analysis, resume reviews, custom action plans, and related digital deliverables. We reserve the right to terminate or limit your access to our Services and/or the licenses granted herein for any reason (or no reason) in our sole discretion.
III. Intellectual Property
All content, features, and functionality available through our Services—including but not limited to design, text, graphics, logos, software, digital tools, coaching methodologies, custom career plans, resume templates, action guides, and their selection and arrangement (“Materials”)—are either the proprietary property of Dusktree LLC (“Dusktree,” “we,” “us,” or “our”), our affiliates, or licensors. These Materials are protected by United States and international intellectual property laws.
Client Deliverables: Customized materials created for you (e.g., personalized career action plans, resume drafts, coaching session notes) are licensed to you for personal, non-commercial use only. You may not modify, copy, distribute, reproduce, republish, sell, or share these deliverables with third parties (including employers, competitors, or other individuals) without our prior written permission.
General Materials: Non-custom content (e.g., blog posts, career tips, public resources) may be downloaded or printed for non-commercial use, provided you retain all copyright or proprietary notices and do not alter, republish, or distribute such content.
Restrictions: You may not modify, copy, distribute, frame, reproduce, or sell any Materials in whole or in part without our prior written permission. Systematic extraction, data harvesting, or scraping of our Services (including client data or proprietary methodologies) is strictly prohibited. All trademarks, service marks, and trade dress associated with Dusktree (e.g., logo, brand name) may not be used without our prior written consent.
IV. Prohibited Uses
In addition to other prohibitions herein, you are prohibited from using the Services or related content:(a) for any unlawful or fraudulent purpose (e.g., providing false career information to obtain coaching);(b) to solicit others to perform or participate in unlawful acts;(c) to violate any federal, state, or local laws or regulations;(d) to infringe upon our intellectual property rights or the rights of others (e.g., sharing custom deliverables without permission);(e) to harass, abuse, defame, or discriminate against our team or other users;(f) to submit false or misleading information (e.g., inaccurate career history, goals, or credentials);(g) to upload or transmit viruses, malware, or malicious code that impairs the functionality of our Services;(h) to collect or track the personal information of others (including our clients or team members);(i) to send spam, phishing communications, or unsolicited advertising;(j) to interfere with or circumvent the security features of our Services (e.g., unauthorized access to client portals);(k) to use our Services for commercial or competitive purposes (e.g., reselling our coaching services, using our methodologies to compete with us);(l) to systematically retrieve data or content to create databases, directories, or competing tools without written permission;(m) to impersonate another person or entity (e.g., posing as a client or team member);(n) to share your account credentials (username/password) with third parties;(o) to decompile, reverse engineer, or adapt any software or code used in our Services;(p) to upload or transmit material that contains spyware, web bugs, or other passive data collection tools;(q) to disrupt or burden our Services (e.g., excessive session rescheduling, spam in communication channels);(r) in any way that violates our Privacy Policy or these Terms & Conditions.
We reserve the right to terminate your use of the Services for violating any prohibited uses.
V. Children’s Information
Our Services are intended for adults (18+) and are not targeted to minors under the age of 13. You confirm that you are 13 years of age or older (or the applicable age of majority in your jurisdiction) and that you are not using the Services on behalf of a minor. We do not knowingly collect personal information from minors. If we become aware that a minor has provided us with information, we will take steps to delete it in compliance with applicable law. Contact us if you believe we have mistakenly collected information from a minor.
VI. Accuracy, Completeness & Timeliness Of Information
Errors, Inaccuracies, & Omissions
Our Services and related content may contain typographical errors, inaccuracies, or omissions related to service descriptions, pricing, or program details. We do not warrant the accuracy, completeness, or timeliness of this information and disclaim all liability for reliance on such data. We reserve the right to correct errors, update information, or modify service offerings at any time without prior notice (including after service booking, subject to our Refund Policy). We are not obligated to update or clarify information except as required by law.
Links on the Services
Our Services may include links to third-party websites (e.g., professional networking platforms, job boards, skills development resources). We are not responsible for the content, accuracy, or privacy practices of these third-party sites. We do not warrant or assume liability for any third-party materials, products, or services. Your use of third-party links is at your own risk—we recommend reviewing their terms and privacy policies before engaging.
VII. Warranty Disclaimer
OUR SERVICES (INCLUDING CAREER CONSULTING, COACHING, DELIVERABLES, AND WEBSITE CONTENT) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND DURABILITY.
We do not guarantee that your use of the Services will be uninterrupted, error-free, or secure.
We do not guarantee specific career outcomes (e.g., job offers, promotions, salary increases), as such results depend on factors beyond our control (e.g., employer preferences, market conditions, individual performance).
We do not warrant that coaching recommendations, action plans, or resume reviews will result in desired outcomes.
We reserve the right to modify, suspend, or discontinue the Services at any time without notice.
TO THE FULLEST EXTENT PERMITTED BY LAW, DUSKTREE LLC, ITS EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOST OPPORTUNITIES, OR DATA LOSS) ARISING FROM YOUR USE OF THE SERVICES OR RELATED CONTENT—EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
VIII. Governing Law
These Terms & Conditions and any related service agreements shall be governed and construed in accordance with the laws of the State of Georgia, USA, without reference to conflict of law rules. You agree not to use the Services in any country or manner prohibited by applicable laws or regulations.
IX. Arbitration Clause And Class Action Waiver – Important – Please Review As This Affects Your Legal Rights
Arbitration Notice
You and Dusktree agree that any dispute, claim, or controversy arising from or related to these Terms & Conditions, the Privacy Policy, or our Services shall be resolved by confidential binding arbitration in McDuffie County, Georgia—rather than in court—after first providing written Notice of the Dispute (“Notice”) to the other party and allowing 30 days to resolve the issue informally.
Notice to Dusktree: Send Notice to: Dusktree LLC, 1082 CHURCH ST, AVERA, GA 30803-6253. The Notice must include your name, contact information, a description of the dispute, and the relief sought.
Arbitration Initiation: If the dispute is not resolved within 30 days of Notice, either party may initiate arbitration through the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes.
Waiver of Jury Trial: YOU KNOWINGLY AND VOLUNTARILY WAIVE YOUR RIGHT TO A TRIAL BY JURY AND TO PURSUE DISPUTES IN COURT. Arbitration shall be conducted by a neutral arbitrator, and the award shall be binding and enforceable in court.
Class Action Waiver
YOU AND DUSKTREE AGREE THAT DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER COLLECTIVE DISPUTE RESOLUTION PROCESS. This waiver applies to all claims, whether based in contract, tort, or statute.
Claims Must Be Filed Within One Year
Any cause of action or claim related to the Services must be commenced within one (1) year after the claim arises. This limitation applies to all heirs, successors, and assigns.
X. Severability
If any provision of these Terms & Conditions (including the Arbitration Clause or Class Action Waiver) is deemed unlawful, void, or unenforceable, such provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be severed. This shall not affect the validity of the remaining provisions.
XI. Termination
These Terms & Conditions are effective until terminated. We may terminate this agreement and deny you access to the Services at any time, for any reason, without notice. You may terminate this agreement by discontinuing use of the Services and notifying us in writing. Upon termination:
Your license to use the Services and Materials shall cease.
You must cease all use of custom deliverables (except for personal, non-commercial reference).
Any outstanding payments shall remain due.
XII. Indemnification
To the fullest extent permitted by law (except for claims arising from our gross negligence or intentional misconduct), you agree to indemnify, defend, and hold harmless Dusktree LLC, its employees, contractors, licensors, and service providers from any claim, demand, or damages (including reasonable attorneys’ fees) arising from:
Your breach of these Terms & Conditions or the Privacy Policy;
Your violation of any law or third-party rights;
Your use of the Services (including false information provided to our team);
Your sharing of custom deliverables with third parties without permission.
We reserve the right to assume exclusive defense of any matter subject to indemnification by you, and you shall cooperate with our defense. You may not settle any claim on our behalf without prior written consent.
If you are a California resident (or resident of a state with similar law), you waive California Civil Code § 1542 (or equivalent) regarding unknown claims.
XIII. No Third-Party Beneficiaries
These Terms & Conditions do not create any third-party beneficiary rights. We may assign our rights or delegate responsibilities to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets.
XIV. Billing Terms (Incorporated By Reference)
Service Models: We offer One-Time Consulting Services (single sessions, resume reviews) and Subscription Packages (monthly/quarterly coaching). All pricing and scope are outlined at checkout.
Billing Description: Charges on your payment statement will appear as dusktree.pro.
Payment Requirements: Full payment is required upfront for one-time services. Subscriptions require recurring payment and may be canceled with 30 days’ written notice (no partial refunds).
Checkout Requirement: To complete a booking, you must check the mandatory checkbox confirming you have read and agree to these Terms & Conditions, the Privacy Policy, and the Refund Policy. Full policy links are provided in the checkout explanation card.
XV. Changes To These Terms & Conditions
We reserve the right to modify these Terms & Conditions at any time. Updates will be posted on our Website with a revised “Last Updated” date. Your continued use of the Services after changes are posted constitutes acceptance of the modified Terms & Conditions. We recommend reviewing these Terms & Conditions periodically.
XVI. How To Contact Us
If you have any questions about these Terms & Conditions, contact us at:
Email: major@dusktree.pro
Phone: (774) 426-6057
Mail: Dusktree LLC, 1082 CHURCH ST, AVERA, GA 30803-6253, USA
