CEO Express Check-Up™
Terms of Use
Effective Date: September 11, 2026 · Last Updated: September 11, 2026
These Terms of Use (the "Terms") govern your use of the public CEO Express Check-Up™ provided by Evolve & Grow Studio LLC ("Evolve & Grow," "we," "us," or "our").
By checking the required agreement box and submitting the Check-Up, you agree to these Terms and acknowledge the Privacy Policy. If you do not agree, do not use the Check-Up.
1 · Eligibility and United States scope
You must be at least 18 years old and located in the United States to use the Check-Up. The Check-Up is not offered to individuals outside the United States.
If you use the Check-Up on behalf of an organization, you represent that you have authority to provide the submitted information and to accept these Terms on its behalf.
2 · Purpose of the Check-Up
The Check-Up is a structured self-reflection tool intended to help CEOs and other business leaders consider aspects of their leadership and organization. Results are intended to support reflection and discussion and may identify areas that merit further exploration.
The Check-Up is not:
- a clinical, medical, or psychological assessment;
- a medical or mental-health diagnosis or therapy;
- an employment or personnel assessment;
- legal, tax, accounting, financial, or investment advice; or
- a prediction or guarantee of personal, leadership-team, organizational, or business performance.
You remain solely responsible for your business, professional, and personal decisions and should obtain qualified professional advice when appropriate.
3 · Access and contact information
The public Check-Up does not require an account. You agree to provide accurate contact information where required so that we can deliver your results. You are responsible for access to the email account you provide and for protecting any copy of your results.
By providing an email address, you consent to transactional electronic communications necessary to deliver and administer the Check-Up. Contact about an optional debrief or other marketing requires a separate choice and is not required to receive results.
4 · Information you submit
You are responsible for information you submit. You agree not to submit information that is unlawful, infringes another person's rights, or that you are not authorized to disclose.
The public Check-Up is not a confidential advisory channel. Do not submit trade secrets, attorney-client privileged material, material nonpublic information, passwords, financial-account information, health information, or unnecessary confidential information about another person or organization.
Our collection and use of personal information are described in the Privacy Policy.
5 · License to process your information
You retain ownership of information you submit. You grant Evolve & Grow a limited, nonexclusive, worldwide license to host, store, reproduce, process, transmit, and display that information solely as reasonably necessary to operate, secure, provide, and improve the Check-Up as described in the Privacy Policy. This license does not transfer ownership of your information to Evolve & Grow and ends when the information is deleted, except to the extent continued retention is permitted under the Privacy Policy or required by law.
6 · Your results
You may save, print, and share your own individual report for your personal or internal business purposes. Your results are generated from the information you provide and from Evolve & Grow's scoring and reporting methodology.
Results may include automated or artificial-intelligence-assisted narrative commentary. That commentary may contain errors, omissions, or interpretations with which you disagree. The Check-Up is intended to stimulate reflection, not to provide an authoritative evaluation.
7 · Intellectual property
Evolve & Grow Studio LLC owns or licenses the Check-Up, including its selection and arrangement of questions, scoring and reporting methodology, frameworks, structure, software, reports, visual design, trademarks, branding, and related materials, to the extent protected by applicable law.
Except for your permitted use of your own individual results, you may not, without our prior written permission:
- reproduce or distribute the Check-Up questions or methodology;
- copy, discover, derive, or reverse engineer the scoring or reporting system;
- systematically extract, scrape, or archive Check-Up content;
- create a derivative assessment substantially based on the Check-Up;
- use Check-Up content or methodology to develop, train, test, or improve a competing product or service;
- remove proprietary notices; or
- commercially exploit Evolve & Grow's intellectual property.
CEO Express Check-Up™, Evolve & Grow, and related names and marks are proprietary to Evolve & Grow Studio LLC to the extent protected by applicable law. No right or license is granted except as expressly stated in these Terms.
8 · Acceptable use
You agree not to:
- disrupt, damage, overload, probe, or interfere with the Check-Up or its infrastructure;
- attempt to bypass security or access controls;
- obtain unauthorized access to systems, information, or another person's results;
- submit malicious code or use the Check-Up for unlawful purposes;
- use automated means to scrape or systematically copy the Check-Up without written authorization;
- impersonate another person or misrepresent your affiliation; or
- use the Check-Up to screen, rank, diagnose, select, or make employment, compensation, promotion, credit, insurance, healthcare, or other consequential decisions about another person.
We may suspend or restrict access when reasonably necessary to protect the Check-Up, users, our service providers, or our intellectual property.
9 · No professional relationship
Using the Check-Up does not create an advisory, coaching, fiduciary, consulting, attorney-client, therapist-client, or other professional relationship with Evolve & Grow or Erik Musalem. Any advisory relationship must be established through a separate written engagement agreement. If a separate agreement applies, that agreement controls the services covered by it in the event of a conflict.
10 · Third-party services
The Check-Up may depend on or link to technology and services operated by third parties. Their availability and privacy practices are governed by their own terms and policies. Evolve & Grow is not responsible for outages, interruptions, errors, or acts of third-party services outside our reasonable control. A link does not imply endorsement.
11 · Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CHECK-UP IS PROVIDED "AS IS" AND "AS AVAILABLE." EVOLVE & GROW DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.
Evolve & Grow does not warrant that the Check-Up will be uninterrupted, secure, or error-free; that results will be complete or accurate; that any interpretation will be appropriate for your circumstances; or that use of the Check-Up will produce any particular outcome. Nothing in these Terms excludes a warranty or right that cannot legally be excluded.
12 · Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVOLVE & GROW STUDIO LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE CHECK-UP, INCLUDING LOST PROFITS, LOST OPPORTUNITIES, BUSINESS INTERRUPTION, LOSS OF DATA, OR DECISIONS MADE IN RELIANCE ON RESULTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVOLVE & GROW'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE PUBLIC CHECK-UP, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANOTHER THEORY, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID EVOLVE & GROW SPECIFICALLY FOR THE PUBLIC CHECK-UP DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US $100 IF YOU PAID NOTHING.
These limitations do not apply to liability that cannot legally be limited or excluded, including where applicable liability arising from gross negligence, willful misconduct, or fraud.
13 · Indemnification
To the extent permitted by law, you agree to indemnify, defend, and hold harmless Evolve & Grow Studio LLC and its owners, officers, employees, and contractors from third-party claims, liabilities, damages, judgments, losses, and reasonable costs arising from information you were not authorized to submit, your infringement of another person's rights, your material breach of these Terms, or your unlawful or intentional misuse of the Check-Up. This obligation does not apply to the extent a claim results from Evolve & Grow's gross negligence, willful misconduct, or violation of law.
14 · Changes and availability
We may modify, suspend, or discontinue all or part of the Check-Up. We may update these Terms periodically. Updated Terms apply prospectively from the effective date displayed. If a change materially affects existing users or previously submitted information, we will provide additional notice when reasonably appropriate or legally required.
15 · Governing law and venue
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. To the extent permitted by law, any dispute arising from or relating to the Check-Up or these Terms will be brought exclusively in the state or federal courts located in San Francisco County, California, and you consent to the personal jurisdiction of those courts.
16 · General provisions
- Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of all or part of our business.
- Force majeure. We are not responsible for delay or failure caused by events beyond our reasonable control, including failures of communications networks, infrastructure providers, natural disasters, governmental actions, labor disputes, or cyberattacks not caused by our failure to use reasonable safeguards.
- No waiver. A failure to enforce a provision is not a waiver of that provision or any other provision.
- Severability. If a provision is found unenforceable, the remaining provisions remain in effect, and the affected provision will be interpreted or modified to the minimum extent necessary to make it enforceable where permitted by law.
- Survival. Provisions concerning intellectual property, permitted processing, disclaimers, liability, indemnification, disputes, and other provisions that by their nature should survive will remain effective after use of the Check-Up ends.
- Entire agreement. These Terms and the Privacy Policy constitute the agreement governing your use of the public Check-Up, except where you and Evolve & Grow have entered into a separate written agreement covering other services.
17 · Contact
Evolve & Grow Studio LLC
3400 Cottage Way, Ste G2 23048
Sacramento, California 95825, United States
erik@evolvegrow.org
