Legal
These terms cover your use of this website and the messages you receive from us. Section 6 sets out our text messaging program in full, including how consent is collected and how to stop messages at any time.
These Terms and Conditions govern your use of getberkley.com and any communication you receive from Berkley Consulting as a result of contacting us through this site, including our chat widget, web forms, email, and text messages. By using the site, submitting a form, opening a chat, calling us, or opting in to our text messages, you agree to these terms. If you do not agree, including to the mandatory arbitration provision and class action waiver in section 14, please do not use the site.
If you are accessing or using this site on behalf of another person or entity, you represent that you are authorized to accept these terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or they violate these terms.
Berkley Consulting is a trade name of Berkley Financial Group LLC, a limited liability company with a place of business at 244 Madison Avenue, Suite 326, New York, NY 10016. In these terms, "Berkley Consulting", "we", "us" and "our" mean Berkley Financial Group LLC operating under that trade name. "You" means the person using the site or receiving our messages.
Our contact details appear in section 24 and are the same details used to register our messaging program with the mobile carriers.
Berkley Consulting provides business consulting services in five areas: business management, training and enablement, marketing, customer acquisition, and technology.
We do not provide legal, tax, accounting, investment, or financial advisory services. Nothing on this site and nothing said in a consultation is legal, tax, accounting, investment, or financial advice, and none of it creates a professional relationship of that kind. Where a decision carries legal, tax, or accounting consequences, take advice from a licensed professional in that field.
Nothing on this site is an offer of any regulated financial product or service.
You must be at least 18 years old to use this site, to submit a form, to use the chat widget, and to consent to receive text messages from us. By doing any of those things you confirm that you are 18 or older, that the information you give us is accurate, and that where you provide a phone number you are the subscriber or the customary user of that number and are authorized to give consent for it.
You represent and warrant that your access to and use of the site will comply with all applicable laws, including those that relate to privacy, data protection, and the sending of electronic communications. You will not provide us, or take any action with respect to, any content or contact information for which you do not have a lawful basis, permission, or consent.
An inquiry, a call, a proposal, or an estimate does not create a consulting engagement and does not obligate either of us. A consulting engagement begins only when both parties sign a separate written agreement setting out scope, deliverables, timing, and fees. If anything in that signed agreement conflicts with these terms, the signed agreement controls for that engagement.
Any figure, rate, timeline, or estimate shown on this site is illustrative and is not a quote.
Program name. Berkley Consulting, operated by Berkley Financial Group LLC.
We run two text messaging programs. They are consented to separately, on their own checkboxes, and you can be opted in to one, both, or neither. Opting out of one does not opt you out of the other.
Messages tied to something you started or something you have already bought:
Message frequency varies, up to 10 messages per month. Conversational replies depend on how often you message us.
Promotional messages, sent only if you tick the separate marketing consent box:
Message frequency varies, up to 4 messages per month.
Neither program is ever used for lending, credit offers, loan servicing, debt collection, or the marketing of any financial product or service, and never for any other content restricted by the mobile carriers. Both exist to support consulting work only.
Non-marketing:
Marketing:
We only text people who have given us prior express consent. Consent is collected in one of these ways:
Consent is not a condition of purchase. You do not have to agree to receive text messages in order to contact us, to receive a proposal, or to become a client. Consent is not transferable: it applies only to messages from Berkley Consulting and we never pass it to anyone else.
Message and data rates may apply. Berkley Consulting does not charge you for text messages, but your mobile carrier may. Check your plan.
You can opt out at any time. Reply STOP to any message from us, or reply END, QUIT, CANCEL, UNSUBSCRIBE, or REVOKE. We will send one final message confirming that you have been unsubscribed, and after that we will not send you further messages in this program. That confirmation reads:
“Berkley Consulting: you have been unsubscribed and will receive no further messages from us. Reply START to rejoin.”
STOP applies to the program the message came from. To leave both, reply STOP to a message from each, or tell us and we will remove you from both. You can also opt out by emailing support@getberkley.com or calling +1 646-347-2825. To rejoin, reply START or opt in again through a form.
Reply HELP to any message for assistance. The reply reads:
“Berkley Consulting: for help call +1 646-347-2825 or email [email protected]. Msg & data rates may apply. Reply STOP to opt out.”
You can also contact us at support@getberkley.com or +1 646-347-2825, Monday to Friday, 9am to 6pm ET.
Delivery of text messages depends on your mobile carrier and is not guaranteed. Carriers are not liable for delayed or undelivered messages. Message delivery is supported on major United States carriers, and carrier participation can change without notice. Do not use text messaging to send us anything urgent, confidential, or time critical.
How we handle your mobile number and your consent record is set out in our Privacy Policy. In short: mobile information and text messaging consent are never sold, rented, or shared with third parties, affiliates, or lead generators for marketing or promotional purposes.
If you give us your email address we may reply to your inquiry and send you information related to an active or prospective engagement. If we ever send commercial email, every message will carry an unsubscribe link. Unsubscribing from commercial email does not stop the operational email needed to run an active engagement.
By contacting us through this site, the chat widget, or a form, you consent to receive electronic communications from Berkley Consulting (for example, via email, SMS where you have opted in, chat, or notices posted on this site). These communications may include replies to your inquiry, appointment details, and other transactional information, and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications we send you electronically will satisfy any legal communication requirement that such communications be in writing.
You agree not to use this site to break the law, to interfere with the site or its security, to scrape or harvest data by automated means, to submit another person’s personal information without their permission, or to submit a phone number you are not authorized to give consent for. You are solely responsible for your conduct while accessing or using the site. Without limiting the foregoing, you will not:
We may suspend or restrict your access to the site if we suspect that your messages include spam or otherwise duplicative or unsolicited communications in violation of applicable laws. If you think anyone using the site is violating these terms, please notify us immediately at support@getberkley.com.
The content on this site, including text, layout, graphics, the Berkley name and marks, and the underlying code, belongs to Berkley Financial Group LLC or its licensors and is protected by intellectual property law. You may view and print pages for your own reference. You may not copy, republish, or use our content commercially without written permission.
Ownership of anything created during a consulting engagement is set out in the signed agreement for that engagement, not here.
This site may link to, or embed tools from, third parties. We do not control those third parties and we are not responsible for their content, their availability, or their privacy practices. A link is not an endorsement.
This site is provided on an "as is" and "as available" basis. To the fullest extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the site will be uninterrupted, error free, or free of harmful components.
We do not guarantee results. Consulting outcomes depend on your market, your team, your execution, and conditions outside anyone’s control. Any example, figure, or outcome described on this site is illustrative and is not a promise, a projection, or a typical result.
To the fullest extent permitted by law, neither Berkley Financial Group LLC nor its members, officers, employees, or contractors are liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising out of or relating to your use of this site, even if we were advised that such damages were possible.
Our total aggregate liability arising out of or relating to this site and these terms is limited to one hundred dollars ($100). That limit does not apply to liability arising under a signed consulting agreement, which is governed by the liability terms in that agreement, and does not apply where the law does not permit the limit.
You agree to indemnify and hold harmless Berkley Financial Group LLC and its members, officers, employees, and contractors from any claim, loss, liability, or expense, including reasonable legal fees, arising out of your breach of these terms, your misuse of the site, or your submission of a phone number or personal information you were not authorized to provide.
These terms are governed by the laws of the State of New York, without regard to its conflict of laws rules.
Please read this section carefully. It affects how disputes are resolved.
Any dispute arising out of or relating to these terms or this site that cannot be resolved informally will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in New York County, New York. Judgment on the award may be entered in any court with jurisdiction.
You and Berkley Consulting each waive any right to a jury trial, and each agree that claims may be brought only in an individual capacity, not as a plaintiff or class member in any class or representative proceeding.
Either party may instead bring an individual claim in small claims court where the claim qualifies. Nothing here prevents either party from seeking injunctive relief in court to protect intellectual property or confidential information.
Before starting arbitration, please contact us at support@getberkley.com and give us 30 days to try to resolve the matter directly.
Any claim arising out of or related to these terms or this site must be filed within one year after such claim arose; otherwise the claim is permanently barred. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted this section by emailing support@getberkley.com. To be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. If you opt out, disputes will be resolved in the state or federal courts sitting in New York County, New York, as described above.
Any questions, comments, suggestions, ideas, original or creative materials, or other information you submit about Berkley Consulting or our services (collectively, “Feedback”) is non-confidential and will become our sole property. We will own exclusive rights, including all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
We have a policy of limiting access to this site and terminating use by people who infringe the intellectual property rights of others. If you believe that anything on this site infringes a copyright you own or control, you may notify us at support@getberkley.com with a description of the work, the material you claim is infringing, your contact information, and a statement made under penalty of perjury that you are authorized to act on behalf of the copyright owner.
To the fullest extent permitted by applicable law, you release Berkley Financial Group LLC and its members, officers, employees, and contractors from responsibility, liability, claims, demands, and damages of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
By accessing or using this site, you consent to the processing, transfer, and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law. Our customer relationship, chat, form, email, and text messaging tools are operated with the assistance of service providers, including LeadConnector / GoHighLevel, who process that information on our instructions so we can provide the services described in these terms. Details are in our Privacy Policy.
Your use of this site may be subject to export control and economic sanctions laws of the United States and other applicable authorities. You agree to abide by those laws as they relate to your access and use of the site. You will not, directly or indirectly, access or use the site if you are located in a jurisdiction where provision of the site is prohibited by law, including Cuba, Iran, North Korea, Syria, and the Crimea region, or if you are identified on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce’s Denied Persons List or Entity List, or any other export control or economic sanctions list. You represent that you are not named on or subject to any such list, are not located in a prohibited jurisdiction, and will comply with applicable laws regarding the transmission of technical data exported from the United States and the country in which you are located.
You will comply with all applicable United States and international anti-corruption and anti-bribery laws, including the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act, as they relate to your access to and use of this site. You acknowledge that you have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value in connection with these terms.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use this site, including the chat widget and messaging programs. We are not responsible for any loss or harm related to your inability to access or use the site. Sections that by their nature should survive termination will survive, including intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and miscellaneous terms.
We may update these terms. The last-updated date at the top of this page shows when the current version took effect. Material changes to the text messaging program in section 6 will be published here before they take effect. Unless we say otherwise, amended terms are effective when posted, and your continued access to and use of the site after we post changes will confirm your acceptance of the changes. If you do not agree to the amended terms, you must stop accessing and using the site.
If any provision or part of a provision of these terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these terms and does not affect the validity and enforceability of any remaining provisions.
These terms constitute the entire agreement between you and Berkley Financial Group LLC relating to your access to and use of this site. Any additional or different terms proposed by you in any purchase order, request for proposal, or other document are objected to and shall be void. Our failure to exercise or enforce any right or provision of these terms will not operate as a waiver of such right or provision. The section titles in these terms are for convenience only and have no legal or contractual effect. Except as otherwise provided, these terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. These terms may not be assigned or transferred by you except with our prior written consent. These terms may be executed and delivered electronically.
Berkley Consulting, a trade name of Berkley Financial Group LLC
244 Madison Avenue, Suite 326, New York, NY 10016
Phone: +1 646-347-2825
Email: support@getberkley.com
Hours: Monday to Friday, 9am to 6pm ET
See also our Privacy Policy.