These Terms of Service ("Terms") govern your use of daveturchin.com (the "Site"), operated by Hourglass Services LLC ("Hourglass," "we," "us"), and the general terms on which we offer recruiting and search services. By using the Site or engaging our services, you agree to these Terms.

1. Our services

Hourglass provides executive search and recruiting services for go-to-market, growth, and technical roles. Descriptions of our services on the Site are for general information only and do not constitute an offer. Every client engagement is governed by a separate written agreement (an "Engagement Agreement") that sets out the scope, fees, payment terms, guarantees, and other specifics. If these Terms conflict with an Engagement Agreement, the Engagement Agreement controls.

2. Fees and payment

Fees for search services are set out in the applicable Engagement Agreement and invoiced by Hourglass Services LLC. Invoices are payable according to the terms stated on them, and payments may be made by card or bank transfer through our payment processor, Stripe. Charges will appear on statements as HOURGLASS LLC. Late payments may accrue interest as permitted by law. Refunds and placement guarantees, if any, are governed solely by the Engagement Agreement.

3. Candidates

If you share information with us as a candidate, you represent that it is accurate and that you have the right to share it. You authorize us to present your professional profile to prospective employers for roles we discuss with you. We do not charge candidates for our services. You may withdraw from any process or ask us to stop contacting you at any time by emailing dave@daveturchin.com. Any employment relationship you enter into is between you and the employer; Hourglass is not a party to it.

4. Acceptable use

You agree not to use the Site to send spam or unsolicited messages, to scrape or harvest data, to attempt to gain unauthorized access to any system, to interfere with the Site's operation, or for any unlawful purpose. Submissions through the Site's forms must be truthful and made in good faith.

5. Intellectual property

The Site, including its text, design, logos, and the Hourglass name and mark, is owned by Hourglass Services LLC or its licensors and is protected by copyright and trademark law. You may view and share links to the Site for personal or business reference. You may not copy, reproduce, or create derivative works from the Site's content without our written permission. Third-party names and logos that appear on the Site belong to their respective owners and are used for identification only; their appearance does not imply endorsement.

6. Confidentiality

Information exchanged in the course of an engagement, including candidate identities, client hiring plans, and compensation details, is confidential and may be used only for the purpose of that engagement, except as required by law or as set out in the Engagement Agreement.

7. Third-party links and services

The Site may link to third-party websites and relies on third-party services (such as Netlify, Google, LinkedIn, and Stripe). We do not control and are not responsible for their content, practices, or availability. Your use of them is subject to their own terms.

8. Disclaimers

The Site is provided "as is" and "as available." To the fullest extent permitted by law, Hourglass disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Site will be uninterrupted or error-free, or that any candidate or role will meet your expectations. Placement outcomes depend on many factors outside our control.

9. Limitation of liability

To the fullest extent permitted by law, Hourglass will not be liable for any indirect, incidental, consequential, special, or punitive damages, or for lost profits, revenue, or data, arising from your use of the Site or our services. Our total liability for any claim relating to the Site or an engagement will not exceed the fees you paid to Hourglass for the engagement giving rise to the claim during the twelve months before the claim arose, or one hundred U.S. dollars if no fees were paid.

10. Indemnification

You agree to indemnify and hold harmless Hourglass and its members, managers, and agents from any claims, losses, or expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your misuse of the Site, or information you provide that is inaccurate or that you had no right to share.

11. Governing law and disputes

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. Any dispute arising from these Terms or the Site will be brought exclusively in the state or federal courts located in New York County, New York, and you consent to their jurisdiction. Disputes arising under an Engagement Agreement are governed by that agreement.

12. Changes

We may update these Terms from time to time. The effective date above will change when we do. Continued use of the Site after a change means you accept the updated Terms.

13. Contact

Questions about these Terms: dave@daveturchin.com, or visit our Support page.