Terms and Conditions

Top Down Strategies, Inc.

Effective Date: May 20, 2026

1. Introduction and Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of all websites, digital properties, services, content, and products owned or operated by Top Down Strategies, Inc. ("TDS," "we," "us," or "our"), including but not limited to topdownstrategies.com, TopDownDrumming.com, The Self-Fulfilling Formula platform, and any associated coaching, consulting, or educational offerings (collectively, the "Services").

By accessing or using any part of the Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, do not access or use the Services.

These Terms apply to all visitors, users, clients, and others who access or use the Services, regardless of how they found us or how they interact with our content.

 

2. Description of Services

Top Down Strategies, Inc. provides services across three primary areas:

 

2.1 Fractional CIO / CTO Consulting

TDS provides fractional executive technology leadership, including strategic IT advisory services, ERP consulting (Oracle, NetSuite, PeopleSoft, and/or others), cybersecurity guidance, AI and automation implementation, and data governance support. Consulting engagements are governed by separate written agreements. These Terms apply to website access and general inquiries; they do not supersede or modify any executed consulting contract.

 

2.2 The Self-Fulfilling Formula

TDS publishes and promotes The Self-Fulfilling Formula book and may offer related coaching programs, digital courses, speaking engagements, and educational content. Access to any paid programs is subject to the specific terms presented at purchase. All book sales are handled through third-party retailers (e.g., Amazon) subject to their terms.

 

2.3 TopDownDrumming.com

TopDownDrumming.com is a drumming education platform offering lessons, courses, and instructional content. Access to content on that platform may be subject to additional terms presented upon enrollment. The general terms in this document apply to all access and use of the platform.

 

3. Eligibility

The Services are intended for users who are 18 years of age or older. By accessing the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you are accessing the Services on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.

 

4. Intellectual Property

All content on TDS properties, including but not limited to text, graphics, logos, videos, audio recordings, course materials, podcast episodes, written works, and software, is the exclusive property of Top Down Strategies, Inc. or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

 

You may not:

       Copy, reproduce, distribute, or create derivative works from any TDS content without express written permission

       Remove or alter any copyright, trademark, or other proprietary notices

       Use TDS content for commercial purposes without a license

       Reverse engineer, decompile, or disassemble any proprietary software or systems

 

The Self-Fulfilling Formula® is a registered trademark of Top Down Strategies, Inc. Unauthorized use of this mark is strictly prohibited.

 

5. Acceptable Use

You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of others. You agree not to:

       Post, transmit, or distribute harmful, defamatory, abusive, obscene, or fraudulent content

       Attempt to gain unauthorized access to any portion of the Services or related systems

       Use automated tools, bots, scrapers, or crawlers to extract content without written permission

       Impersonate any person or entity or misrepresent your affiliation with any person or entity

       Use the Services to send unsolicited communications or spam

       Violate any applicable federal, state, or local law or regulation

       Interfere with or disrupt the integrity or performance of the Services or related infrastructure

 

TDS reserves the right to terminate or restrict access for any user who violates these Terms, without notice and without liability.

 

6. Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Services, you consent to the data practices described in the Privacy Policy. TDS does not sell personal information to third parties. Any personal data collected is used to operate the Services, communicate with clients and prospects, and improve our offerings.

 

7. Third-Party Links and Services

The Services may contain links to third-party websites, tools, or services, including social media platforms, podcast directories, book retailers, and payment processors. These links are provided for convenience only. TDS does not control third-party sites and is not responsible for their content, privacy practices, or terms. Accessing third-party sites is at your own risk.

 

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

TDS does not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. TDS does not warrant the accuracy, completeness, or usefulness of any content on the Services. Any reliance you place on such information is strictly at your own risk.

 

Nothing on TDS properties constitutes legal, financial, medical, or professional advice. Content shared on our websites, podcasts, social media, or other platforms is for informational and educational purposes only. Always consult qualified professionals before making business, legal, or financial decisions.

 

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOP DOWN STRATEGIES, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUCCESSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES.

 

IN NO EVENT SHALL TDS'S TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO TDS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

 

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full.

 

10. Indemnification

You agree to defend, indemnify, and hold harmless Top Down Strategies, Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

 

11. Payment Terms

Fees for consulting engagements, courses, or other paid offerings are set forth in individual proposals, statements of work, or checkout pages at the time of purchase. All fees are in U.S. dollars unless otherwise stated.

 

Refund policies for digital products and courses will be disclosed at the point of purchase. Consulting retainers and project fees are governed by the applicable consulting agreement. TDS reserves the right to update pricing at any time; changes will not affect existing confirmed engagements unless otherwise agreed in writing.

 

12. Termination

TDS may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice, without liability to you. Reasons for termination may include, but are not limited to, violation of these Terms, non-payment, fraudulent activity, or behavior that TDS determines, in its sole discretion, to be harmful to TDS or other users.

 

Upon termination, your right to access and use the Services immediately ceases. Sections of these Terms that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, limitations of liability, and governing law.

 

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware County, Pennsylvania.

 

You agree to first attempt to resolve any dispute informally by contacting TDS directly. TDS will make reasonable efforts to resolve disputes in good faith within thirty (30) days of receiving written notice.

 

14. Changes to These Terms

TDS reserves the right to update or modify these Terms at any time. When we make material changes, we will update the Effective Date at the top of this document. Your continued use of the Services after any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

 

15. Entire Agreement and Severability

These Terms, together with the Privacy Policy and any applicable consulting agreements or purchase terms, constitute the entire agreement between you and TDS regarding the Services and supersede all prior communications, agreements, and understandings.

 

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

 

16. Contact Information

If you have any questions about these Terms or the Services, please contact us:

 

Top Down Strategies, Inc.

Newtown Square, Pennsylvania

Email: [email protected]

Website: https://topdownstrategies.com