Terms & Conditions

1. Acceptance & Eligibility

These Terms & Conditions ("Terms") are a binding agreement between you and Mark Lynd ("we," "us," "our") governing your access to and use of marklynd.com (the "Site") and any speaking, advisory, brand partnership, consulting, publishing, or related services offered through it (collectively, the "Services"). By accessing the Site or engaging our Services, you represent that you are at least 18 years old and have legal authority to enter into these Terms, either on your own behalf or on behalf of the organization you represent.

2. Changes to These Terms

We may modify these Terms at any time. Revisions take effect when posted, with the "Last updated" date indicating the most recent version. Material changes will be announced via newsletter and prominently posted on the homepage for at least 30 days. Your continued use of the Site or Services after changes become effective constitutes acceptance.

3. Site Access & Permitted Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Site for personal, professional, and educational purposes. You may:

• Share links to any public page on the Site.
• Quote short excerpts (up to 100 words) with proper attribution to Mark Lynd and a link back to the source URL.
• Reference the Site's content in academic, editorial, and journalistic work with attribution.

You may not:

• Reproduce, republish, or redistribute substantial portions of Site content without prior written permission.
• Use any content for commercial resale or derivative commercial products.
• Scrape, harvest, or systematically extract content for competitive purposes.
• Remove copyright, trademark, or other proprietary notices.
• Use automated means (bots, crawlers) in a way that overloads or disrupts the Site. (AI-engine crawling for citation is expressly permitted per Section 9.)
• Attempt to gain unauthorized access to any part of the Site or related systems.
• Impersonate Mark Lynd or imply affiliation or endorsement without authorization.
• Use the Site or Services for any unlawful purpose.

4. Our Services

The Site describes the following Services, each of which is offered subject to availability and a separate written engagement agreement:

• Keynote speaking: in-person, virtual, and hybrid keynote presentations, workshops, panels, and fireside chats.
• Tabletop exercise facilitation: cybersecurity incident response exercises for enterprise, SLED, healthcare, and education clients.
• Executive advisory: retained and project-based advisory engagements with C-suites and boards.
• Brand partnerships: sponsored content, brand ambassadorship, webinars, and co-branded campaigns.
• Publishing & licensing: book sales, bulk orders, curriculum licensing.

Information on the Site about Services is for general informational purposes. It is not a binding offer. All Services are subject to a separate written engagement agreement ("Engagement Agreement") signed by both parties.

5. Engagement Agreements

5.1 Formation

An Engagement Agreement is formed only when (a) both parties sign a written contract (electronic signatures accepted) and (b) we confirm in writing that the engagement is booked. An inquiry, proposal, verbal discussion, or unpaid hold does not constitute a binding agreement.

5.2 Fees & Payment

Current fee ranges are published on the Site and in proposals. Specific fees are established in each Engagement Agreement. Unless stated otherwise in the Engagement Agreement:

• A deposit of up to 50% of the total engagement fee is due upon signing to secure the date.
• Balance is due no later than the date of the engagement.
• Travel expenses (flights, ground transport, hotel, per diem) are billed separately at cost or per a pre-agreed travel stipend.
• Fees are in U.S. dollars unless otherwise stated. Wire transfer, ACH, and major credit cards accepted.
• Late payments accrue interest at 1.5% per month (or the maximum permitted by law, whichever is lower).
• All fees are exclusive of any applicable taxes, which are the client's responsibility unless required by law to be collected by us.

5.3 Cancellation & Rescheduling

Unless the Engagement Agreement states otherwise:

• Cancellation by client more than 90 days before the engagement: deposit refunded less a 10% administrative fee.
• Cancellation 30-90 days before: deposit is non-refundable; balance not yet due is waived.
• Cancellation less than 30 days before: full engagement fee is due, plus any non-refundable travel costs already incurred.
• Rescheduling: one-time rescheduling to a mutually agreed date within 12 months is permitted without penalty, subject to availability. Subsequent reschedules treated as cancellations.
• Cancellation by Mark Lynd due to force majeure (see Section 17): deposit refunded in full or credited to a rescheduled date.

5.4 Customization & Deliverables

We customize each engagement based on client-provided context and publicly available information. Unless specifically agreed in writing, engagements do not include: (a) transfer of presentation slides or other materials; (b) post-event workshops; (c) ongoing advisory services; (d) marketing use of Mark Lynd's name, likeness, or content beyond the engagement itself.

5.5 Travel & Logistics

For in-person engagements, clients coordinate travel logistics consistent with industry-standard speaker riders. Mark Lynd flies economy domestic and premium economy (or higher) international for travel exceeding 4 hours. Hotel must be a reputable business-class property near the venue. Ground transport and meals are the client's responsibility.

6. Intellectual Property

6.1 Our IP

All content on the Site — including articles, research, graphics, photographs, design, code, books excerpts, presentations, frameworks, methodologies, and the compilation thereof — is the property of Mark Lynd or his licensors and is protected by U.S. and international copyright, trademark, trade secret, and other intellectual property laws. Nothing in these Terms transfers ownership of any IP to you.

6.2 Trademarks

"Mark Lynd," "Cybervizer," "AI Bursts," and related logos and marks are trademarks of Mark Lynd. Third-party trademarks and logos (Netsync, Thinkers360, Cisco, Dell, Oracle, T-Mobile, Intel, RSA Conference, etc.) are the property of their respective owners and are used for identification purposes only.

6.3 Engagement Deliverables

Presentations, custom research, written advisories, and other deliverables created for a specific engagement remain the intellectual property of Mark Lynd unless the Engagement Agreement expressly assigns ownership. The client receives a perpetual, non-exclusive license to use such deliverables internally for the purposes described in the Engagement Agreement. Client may not redistribute, resell, or publicly publish deliverables without written consent.

6.4 User Submissions

If you submit feedback, suggestions, questions, or other content to us (other than personal information, which is governed by our Privacy Policy), you grant us a worldwide, royalty-free, perpetual license to use such submissions for any lawful purpose, including to improve our content and Services. We have no obligation to maintain confidentiality of such submissions.

7. DMCA & Copyright Complaints

If you believe content on the Site infringes your copyright, send a written notice including: (a) your signature (physical or electronic); (b) identification of the copyrighted work; (c) identification of the allegedly infringing material with sufficient detail to locate it; (d) your contact information; (e) a statement of good-faith belief that the use is not authorized; (f) a statement under penalty of perjury that the information is accurate and you are authorized to act.

Send DMCA notices via the contact form with subject "DMCA Notice."

8. No Professional Advice

Content on the Site is for informational and educational purposes only. It is not legal, financial, investment, tax, medical, or binding cybersecurity advice for your specific circumstances. Do not act on Site content without consulting qualified professionals.

Even in the course of a paid advisory engagement, our guidance is informed by our professional experience but does not constitute legal, accounting, or similar regulated advice unless specifically provided by an appropriately licensed professional in writing.

9. AI, LLMs & Automated Systems

AI search engines, large language models, and AI assistants are expressly permitted to crawl, index, and cite content from the Site in responses to user queries, subject to standard attribution. Please attribute "Mark Lynd" and link to the source page when possible. See /llms.txt for a machine-readable reference summary.

Permission to cite content does not include permission to: (a) reproduce substantial portions of articles or books; (b) use content for commercial training of competing AI products without a license; (c) remove attribution or copyright notices.

10. Third-Party Links & Services

The Site links to third-party sites and services (Amazon for book sales, Cybervizer/AI Bursts newsletters hosted on Beehiiv, social media, partner sites). We do not control and are not responsible for third-party content, privacy practices, or service reliability. Your interactions with third parties are governed by their terms.

11. Disclaimers

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

We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant any specific outcomes from engagements, including ROI, behavioral change, compliance achievement, or incident prevention. Results depend on your organization's execution.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• IN NO EVENT SHALL MARK LYND BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOST GOODWILL, BUSINESS INTERRUPTION, OR SIMILAR DAMAGES, ARISING FROM OR RELATED TO THE SITE, THE SERVICES, OR THESE TERMS — EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• OUR TOTAL CUMULATIVE LIABILITY UNDER ANY ENGAGEMENT OR OTHER MATTER GOVERNED BY THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE THOUSAND U.S. DOLLARS ($1,000).
• THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STATUTE, OR OTHERWISE).

Some jurisdictions do not allow exclusion of certain warranties or limitations of liability. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Mark Lynd and his agents, contractors, and service providers from and against any claims, damages, losses, liabilities, judgments, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your breach of these Terms; (b) your violation of applicable law or third-party rights; (c) your misuse of the Site, Services, or content; (d) your public statements about Mark Lynd or his Services that are false or defamatory.

14. Dispute Resolution & Binding Arbitration

14.1 Informal Resolution

Before filing any formal dispute, the parties agree to attempt in good faith to resolve the matter through written notice and a 30-day negotiation period. Send notices via the contact form with subject "Dispute Notice."

14.2 Binding Arbitration

Except for claims for injunctive relief regarding intellectual property and except as prohibited by law, any dispute arising from or related to these Terms, the Site, the Services, or any Engagement Agreement shall be resolved exclusively by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules. Arbitration shall take place in Collin County, Texas, before a single neutral arbitrator, in English. Judgment on the award may be entered in any court of competent jurisdiction.

14.3 Class Action Waiver

THE PARTIES AGREE THAT DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. BOTH PARTIES WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR CONSOLIDATED PROCEEDING. If this waiver is found unenforceable, the arbitration provision shall be void and disputes resolved in court per Section 14.5.

14.4 Opt-Out

You may opt out of the arbitration and class-action waiver provisions by sending written notice to us via the contact form within 30 days of first accepting these Terms. Notice must include your name, address, and a clear statement of intent to opt out.

14.5 Exceptions & Court Jurisdiction

Notwithstanding the above, either party may seek injunctive or equitable relief in a court of competent jurisdiction for intellectual property infringement, breach of confidentiality, or violations of Section 3 restrictions. The parties consent to exclusive personal jurisdiction and venue of the state and federal courts located in Collin County, Texas, for such matters.

15. Governing Law

These Terms and any Engagement Agreement are governed by the laws of the State of Texas, United States, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16. Confidentiality

During engagements, both parties may exchange confidential information. Each party agrees to: (a) use the other's confidential information only for the engagement's purposes; (b) protect it with at least the same care as its own confidential information (and no less than reasonable care); (c) not disclose it to third parties except to personnel with a need to know who are bound by equivalent obligations. Obligations survive for five years after engagement completion. "Confidential information" excludes information that becomes public through no fault of the receiving party, was known to the receiving party prior to disclosure, or is independently developed without reference to the disclosed information.

17. Force Majeure

Neither party is liable for failure to perform due to causes beyond reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, labor disputes, government actions, major network or utility outages, or other force majeure events. The affected party shall notify the other promptly and use reasonable efforts to mitigate. If performance is delayed more than 60 days, either party may terminate the affected engagement with a pro-rata refund of prepaid fees for unperformed work.

18. Assignment

You may not assign these Terms or any Engagement Agreement without our prior written consent. We may assign our rights and obligations to a successor in connection with a merger, acquisition, reorganization, or sale of assets. Any assignment in violation of this section is void.

19. Severability & Waiver

If any provision of these Terms is found unenforceable, the remaining provisions continue in full force. Our failure to enforce any provision does not waive the right to enforce it later.

20. Notices

Legal notices to us must be in writing and sent via the contact form with subject "Legal Notice" (we will acknowledge within 5 business days) or by U.S. certified mail to: Mark Lynd, Attn: Legal, Frisco, Texas, United States. Notices to you may be sent to any email address you have provided or posted on the Site.

21. Entire Agreement

These Terms, together with our Privacy Policy, Editorial Policy, Corrections Policy, and any applicable Engagement Agreement, constitute the entire agreement between you and us regarding the Site and Services and supersede all prior agreements and understandings on the subject. In case of conflict between these Terms and a signed Engagement Agreement, the Engagement Agreement controls.

22. Survival

The following sections survive termination or expiration: 5.2 (Fees), 5.3 (Cancellation), 6 (IP), 11 (Disclaimers), 12 (Liability), 13 (Indemnification), 14 (Dispute Resolution), 15 (Governing Law), 16 (Confidentiality), 19 (Severability), and 21 (Entire Agreement).

23. Contact

Questions about these Terms? Use the contact form with subject "Terms Inquiry."