These Terms of Use (“Terms”) govern access to and use of longwardleadership.com (the “Website”), which is operated by Fractal Design SAS under the LONGWARD brand (“LONGWARD,” “we,” “us,” or “our”). Please read these Terms carefully. By accessing or using the Website, you acknowledge these Terms. If you do not agree with them, do not use the Website.

1. Purpose of the Website

The Website provides general information about LONGWARD, its leadership philosophy, methodologies, products, assessments, diagnostic approaches, advisory work, leadership development offerings, and related content.

Website content is provided for general informational and business purposes only. Nothing on the Website, standing alone, constitutes a leadership assessment, hiring or promotion recommendation, legal or employment advice, a consulting engagement, a fiduciary relationship, or a contractual commitment by LONGWARD.

2. No Client or Professional Relationship

Accessing the Website, submitting a contact form, downloading or viewing materials, or communicating with LONGWARD through the Website does not by itself create a client, advisory, consulting, fiduciary, employment, legal, or other professional relationship.

A professional relationship exists only when LONGWARD and the relevant client have expressly agreed to one in a separate written agreement or other written terms accepted by both parties.

3. Services and Separate Agreements

Any assessment, diagnostic, advisory, leadership development, training, licensing, or other paid service offered by LONGWARD may be subject to a separate proposal, order form, statement of work, service agreement, license, or other written terms (“Service Agreement”).

If a Service Agreement conflicts with these Terms regarding services covered by that Service Agreement, the Service Agreement controls.

Descriptions of HW-X™, LDR-7™, THE LINE™, or any other LONGWARD offering on the Website are summaries only and do not themselves define the complete scope, methodology, deliverables, limitations, pricing, or obligations applicable to a specific engagement.

4. Professional Judgment; Assessments and Diagnoses Are Not Guarantees

LONGWARD assessments, diagnoses, analyses, recommendations, ratings, classifications, observations, and other professional outputs reflect professional judgment based on the information reasonably available at the time they are prepared.

They are not guarantees, warranties, predictions, certifications, or representations that any individual, team, role, organization, risk, condition, or future outcome has been or will be described with complete or absolute accuracy.

Leadership readiness, behavior, organizational conditions, performance, relationships, culture, incentives, responsibilities, and surrounding circumstances may change over time. An assessment or diagnosis is therefore necessarily time-bound and context-dependent.

5. Independent Decision-Making and Client Responsibility

LONGWARD does not make employment, hiring, promotion, succession, compensation, disciplinary, termination, restructuring, investment, governance, or other material decisions on behalf of clients.

No LONGWARD assessment, diagnosis, recommendation, or other output should be treated as the sole basis for any such decision.

The client remains solely responsible for:

• evaluating all information relevant to a decision;
• exercising its own independent judgment;
• obtaining legal, human-resources, financial, clinical, or other specialized advice when appropriate;
• complying with applicable laws, regulations, collective agreements, internal policies, and procedural requirements; and
• making, documenting, communicating, implementing, and monitoring its own decisions.

LONGWARD does not act as the employer, final decision-maker, fiduciary, legal adviser, medical provider, psychologist, or clinical evaluator of any candidate, employee, leader, team, or organization.

6. Employment and Selection Decisions

Where LONGWARD content, assessments, or services are used in connection with hiring, promotion, succession, development, or other employment-related decisions, the employer or client is responsible for determining whether and how any selection procedure is appropriate for the role and purpose, for evaluating other relevant evidence, and for complying with applicable employment and anti-discrimination laws.

The Website does not represent that any assessment or methodology is legally sufficient, validated, or appropriate for every job, jurisdiction, population, decision, or employment purpose.

LONGWARD does not authorize or recommend using any single score, classification, assessment, or diagnostic conclusion as an automatic employment decision rule.

7. Information Supplied by Clients, Candidates, Employees, and Third Parties

LONGWARD may rely on information supplied by clients, candidates, employees, leaders, respondents, references, vendors, public sources, or other third parties.

Unless expressly agreed otherwise in writing, LONGWARD is entitled to rely on information as provided and is not responsible for conclusions materially affected by information that is incomplete, inaccurate, outdated, misleading, withheld, misunderstood, or later changed.

LONGWARD may identify inconsistencies or concerns, but it does not guarantee independent verification of every statement, record, representation, credential, circumstance, or underlying fact.

8. No Guarantee of Outcomes

LONGWARD does not guarantee future performance, conduct, retention, promotion success, leadership effectiveness, team performance, engagement, culture, financial results, business outcomes, conflict avoidance, legal compliance, or any other result arising from a decision informed by LONGWARD content or services.

Past results, examples, statistics, case descriptions, or testimonials do not guarantee similar future results.

9. No Legal, Financial, Medical, or Clinical Advice

Website content is not legal, tax, accounting, investment, medical, psychological, psychiatric, or other regulated professional advice.

Where a decision raises legal, medical, psychological, financial, regulatory, or other specialized issues, users and clients should consult appropriately qualified professionals.

10. Intellectual Property

Unless otherwise indicated, the Website and its original content, including text, frameworks, methodologies, product architecture, graphics, visual identity, designs, logos, names, taglines, written materials, and other original materials are owned by or licensed to LONGWARD or Fractal Design SAS and are protected by applicable intellectual-property laws.

LONGWARD, HW-X, LDR-7, THE LINE, TRUSTED TO LEAD, associated logos, and other brand identifiers may be trademarks or proprietary identifiers of LONGWARD, Fractal Design SAS, or their respective owners.

Nothing on the Website grants any ownership interest or license in LONGWARD intellectual property except the limited right to access and view Website content for lawful informational purposes.

11. Permitted Use

You may access and use the Website for legitimate personal, professional, and business-information purposes.

Limited quotation or reference to publicly available Website content may be made where legally permitted, provided the material is accurately represented and appropriately attributed.

You may not reproduce, republish, sell, license, distribute, systematically extract, scrape, train models on, create derivative commercial products from, or otherwise exploit substantial portions of proprietary Website content or methodologies without prior written permission, except to the extent such restriction is prohibited by applicable law.

12. Prohibited Conduct

You may not use the Website to:

• violate applicable law or the rights of others;
• attempt unauthorized access to systems, accounts, networks, or data;
• introduce malware, malicious code, automated attacks, or other harmful technology;
• interfere with Website availability, security, or performance;
• impersonate another person or organization;
• misrepresent LONGWARD content, credentials, affiliations, findings, or services;
• use LONGWARD intellectual property in a way that falsely suggests sponsorship, endorsement, affiliation, or authorization; or
• systematically extract Website content in a manner that infringes rights or materially burdens the Website.

13. Communications and Confidential Information

Information submitted through the Website, including through general contact forms or ordinary email, should not be considered confidential unless LONGWARD has separately agreed in writing to treat it as confidential.

Do not send trade secrets, highly sensitive personal information, privileged material, regulated health information, or other information requiring special protection through the general Website contact form.

Confidentiality obligations applicable to a client engagement, if any, will be governed by the relevant Service Agreement or other written confidentiality terms.

14. Privacy

Use of the Website is also subject to our Privacy Policy, available at https://longwardleadership.com/privacy-policy/.

The Privacy Policy describes how LONGWARD collects, uses, discloses, protects, and retains personal information in connection with the Website.

15. Third-Party Links, Research, and Materials

The Website may link to or reference third-party websites, research, publications, statistics, organizations, authors, platforms, products, or services.

Such references may be provided for convenience, attribution, context, or additional information and do not necessarily imply sponsorship, endorsement, partnership, or affiliation.

LONGWARD does not control third-party resources and is not responsible for their availability, accuracy, security, privacy practices, products, services, or content. Third-party materials remain subject to the rights and terms of their respective owners.

16. Accuracy and Currency of Website Information

LONGWARD seeks to keep Website information useful and reasonably accurate, but Website content may become incomplete, outdated, or inaccurate over time.

We may update, correct, remove, or replace content without notice. Users should not rely on Website content as the sole basis for a significant employment, organizational, financial, legal, or business decision.

17. Website Availability and Security

We may modify, restrict, suspend, discontinue, or update any part of the Website at any time.

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

Users are responsible for taking reasonable precautions when accessing websites and transmitting information electronically.

18. 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.

LONGWARD AND FRACTAL DESIGN SAS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR ITS GENERAL INFORMATIONAL CONTENT, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, AVAILABILITY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR RESULTS, TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.

Nothing in these Terms excludes any warranty, duty, or right that cannot lawfully be excluded.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LONGWARD, FRACTAL DESIGN SAS, AND THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, OR DATA, ARISING FROM OR RELATING TO ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE WEBSITE OR ITS GENERAL INFORMATIONAL CONTENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LONGWARD AND FRACTAL DESIGN SAS WILL NOT BE RESPONSIBLE FOR LOSSES ARISING SOLELY FROM A USER’S OR CLIENT’S DECISION TO ACT OR NOT ACT BASED ON WEBSITE CONTENT, OR FROM TREATING GENERAL WEBSITE CONTENT AS A SUBSTITUTE FOR INDEPENDENT PROFESSIONAL JUDGMENT.

Liability arising from a paid Service Agreement, if any, will be governed by that Service Agreement. Nothing in these Terms limits liability to the extent such limitation is prohibited by applicable law.

20. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless LONGWARD, Fractal Design SAS, and their owners, directors, officers, employees, contractors, representatives, and affiliates from third-party claims, liabilities, losses, damages, and reasonable costs arising from your unlawful misuse of the Website, your infringement of another person’s rights, or your material violation of these Terms.

This Section does not require indemnification to the extent prohibited by applicable law and does not replace any indemnification provisions contained in a Service Agreement.

21. No Endorsement or Affiliation

References to third-party companies, military, governmental, academic, historical, sporting, research, or other institutions or environments are descriptive or analytical only unless LONGWARD expressly states otherwise.

Nothing on the Website should be understood as claiming membership in, endorsement by, sponsorship by, operational affiliation with, or credentials from any such organization solely because LONGWARD studies, cites, compares, or learns from its publicly known practices or history.

22. Changes to the Website or These Terms

We may update these Terms from time to time to reflect changes in the Website, our practices, services, technology, or applicable legal requirements.

When we update these Terms, we will revise the Effective Date above. Material changes will apply prospectively to the extent required by applicable law.

If affirmative consent is legally required for a particular change or transaction, LONGWARD may request such consent separately.

23. Governing Law

These Terms and use of the Website are governed by the laws of the Republic of Colombia, without regard to conflict-of-laws principles, except to the extent mandatory law applicable in another jurisdiction provides otherwise.

Any Service Agreement may establish different governing law, jurisdiction, venue, or dispute-resolution provisions, in which case the Service Agreement will control for the applicable engagement.

24. Severability; No Waiver

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

A failure by LONGWARD to enforce any provision does not constitute a waiver of that provision or of the right to enforce it later.

25. Entire Website Terms

These Terms, together with the Privacy Policy and any other policies expressly incorporated by reference, constitute the terms governing general use of the Website.

They do not replace a Service Agreement governing a paid engagement.

26. Contact

Questions regarding these Terms may be directed to:

LONGWARD
Operated by Fractal Design SAS
[email protected]