The rules for using this site.

1. Acceptance of terms

By accessing or using m38partners.com (the “Site”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree, please do not use the Site. These Terms apply to all visitors, users and clients who access the Site.

2. About M38 Partners

M38 Partners is a business name of Meraki Business Consulting LLC (“M38 Partners,” “we,” “us,” or “our”), a registered limited liability company. M38 Partners is an operating practice for DTC, eCommerce and marketplace businesses: we take the seat at the level of a Head of eCommerce, run the storefront, the marketplaces, the demand, the answer layer and the unit economics as one business, and hand it back running.

3. Services

The Site describes our services, which may include running Shopify storefronts; running marketplaces such as Amazon, Walmart, TikTok Shop and Instacart; paid media, CRM, email and SMS; answer engine and generative engine optimization; and P&L, pricing, forecasting and vendor management.

Any services engaged through or as a result of the Site are governed by a separate written agreement or statement of work signed by both parties. These Terms are not a service agreement, and nothing on the Site, including the results of the needs assessment, creates an engagement, a warranty of results, or an obligation on either side.

4. The needs assessment

The needs assessment on the Site is a short diagnostic based only on the answers you give. It is general commentary, not advice tailored to your business, and it is not a substitute for the audit or engagement it describes. You are responsible for any decisions you make based on it.

5. Use of the Site

You may use the Site for lawful purposes and in accordance with these Terms. You agree not to:

• use the Site in any way that violates applicable local, state, federal or international law;
• submit false information through our forms, or impersonate any person or business;
• send unsolicited or unauthorized advertising or promotional material through the Site;
• attempt to gain unauthorized access to any part of the Site or the systems behind it;
• use automated means to scrape, crawl or extract data from the Site beyond what a normal search engine does;
• introduce viruses, malware or other harmful code;
• reproduce, copy, sell or otherwise exploit any part of the Site without our written permission.

6. Intellectual property

All content on the Site, including text, graphics, logos, images, the assessment and its results copy, and written materials (“Content”), is the property of Meraki Business Consulting LLC and is protected by applicable intellectual property laws. The M38 Partners name and wordmark are our marks.

You may not reproduce, distribute, modify, create derivative works from, publicly display or commercially exploit any Content without our prior written consent. Limited personal, non-commercial use is permitted provided you do not alter the Content and you retain all copyright and proprietary notices.

7. Disclaimer of warranties

THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components, or that any content on the Site is accurate, complete or current. Information on the Site, including case studies, statistics and the needs assessment, is provided for general informational purposes only and does not constitute professional business, legal, financial or marketing advice. Results described for other clients do not guarantee results for you.

8. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MERAKI BUSINESS CONSULTING LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability to you for any claim arising out of or related to these Terms or your use of the Site shall not exceed one hundred dollars ($100.00). Some jurisdictions do not allow limitations on liability, so these limitations may not apply to you.

9. Third-party links and services

The Site links to third-party websites and services, including scheduling through Google Calendar. These links are provided for convenience only. We have no control over, and assume no responsibility for, the content, privacy policies or practices of third-party sites. Using them is at your own risk and subject to their terms.

10. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. It explains what we collect through the contact form and the needs assessment, and what we do with it.

11. Contact and communications

By submitting your contact information through any form on the Site, you consent to being contacted by M38 Partners about your inquiry or a potential engagement. You may opt out of further communication at any time by replying with a request to stop.

12. Changes to the Site and these Terms

We may modify or discontinue the Site, or any part of it, at any time without notice. We may also update these Terms; when we do, we will update the effective date at the top of this page. Your continued use of the Site after a change means you accept the revised Terms.

13. Governing law and dispute resolution

These Terms are governed by and construed in accordance with the laws of the state in which Meraki Business Consulting LLC is registered, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or your use of the Site will first be addressed through good-faith negotiation. If unresolved, it will be submitted to binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction for intellectual property violations.

14. General

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any right or provision is not a waiver of it. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding your use of the Site.

15. Contact

Questions about these Terms: together@M38partners.com.