Effective Date: 26 September, 2023
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”, “Agreement”) carefully before using the www.theexcelcfo.com (“www.excel-cfo.com”) website operated by Simon Turner Consulting, LLC dba The Excel CFO (“The Excel CFO”, “Excel CFO”, “Company”, “we”, “us”, or “our”).

This Agreement documents the legally binding Terms and Conditions attached to the use of our website.  By using or accessing, viewing, or browsing the website in any way, or by using our services viewing or browsing the website, you as the visitors and/or users (“user”, “your”, “client”, or “you”),are agreeing to be bound by these Terms and Conditions.  If you disagree with any part of these Terms and Conditions, then do not access our website or use our services.

 This website is offered and available to users who are 18 years of age or older.  By using this website, you represent and warrant that you are of legal age to form a binding contract with the us and meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the website.

 What We Do

Our services include outsourced financial modelling and spreadsheet work for business owners and executives.

 Acceptance of Agreement

This Agreement is between you and the Company.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, OR ACCESSING, OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EVERY TERM AND CONDITION SET FORTH HERE, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT ACCESS IT OR BROWSE IT FURTHER.

Except as otherwise noted, this Agreement makes up the entire and only Agreement between you and the Company and supersedes all other Agreements, representations, warranties, and understandings about our website, and the subject matter here. However, for you to use our website you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.

Client Registration

To use our website, you must be at least (18) years of age or older. Any registration by, use of, or access to our website by anyone under that age is unauthorized, unlicensed, and in violation of this Agreement. By using our website, you represent and warrant that you are (18) years old or older and agree to obey all the terms of this Agreement. The Company has sole right and discretion to decide whether to accept a Client and may reject a Client’s registration with or without explanation.

When you complete the registration process, you may receive a password that will allow you to access our website. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur by using your password.

You agree to immediately tell us of any unauthorized use of your password or any other breach of security. You agree that we cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

Privacy Policy

Our Privacy Policy is considered part of this Agreement and is available on this website. You must review our Privacy Policy. If you do not accept and agree to be bound by all the terms of this Agreement, including the Privacy Policy, do not use our website.

Arbitration

Any legal controversy or claim arising from or relating to this Agreement and/or our website, excluding legal action taken by us to collect or recover damages relating to the use of intellectual property, will be settled solely by binding arbitration following the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in the state of Massachusetts, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in the state of Massachusetts, necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.

Choice of Law and Jurisdiction

This Agreement will be treated as if it were executed and performed in the state of Massachusetts, and will be governed by and construed following the laws of the state of Massachusetts without regard to conflict of law provisions. Also, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you about our website must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Limited License

The Company grants you a nonexclusive, nontransferable, revocable license to access and use our website strictly under this Agreement. Your use of our website is solely for internal, personal, and non-commercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our website may be used by you in any litigation or arbitration matter at all under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our website, and any software provided within.

Our Relationship with You

This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and the Company.

Our Intellectual Property

Permission is granted to download and print Content from this website only for viewing, reading, and retaining for reference the materials for personal, non-commercial purposes. Any other copying, distribution, or modification of or preparation of derivative works based upon, or any framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, this website or any materials on this website, whether in electronic or hard copy form, without the express prior written permission from us is strictly prohibited.

Our website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our website does not constitute any right or license for you to use our service marks or trademarks without our prior written permission. Our Content, as found within our website, is protected under the United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our website does not grant you any ownership rights to our Content.

New Services, Modifications, and Updates

Whenever new and/or modified services are introduced on the website, your use of such new or modified services will be subject to this Agreement unless the Company notifies you otherwise.

Errors, Corrections, and Changes

We do not represent or otherwise warrant that our website will be error-free or free from viruses or other harmful components. We do not represent or warrant the information available on or through our website will be correct, accurate, timely, or reliable.

Financial, Investment, and Legal Advice

You acknowledge that nothing contained in our website will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and the Company or our Clients.

Warranty Disclaimer

The Company is not responsible or liable in any manner for any Content posted on our website whether posted or caused by Clients of our website, or by the Company. Although we provide rules for Client conduct and postings, we do not control and are not responsible for what Clients post, transmit, or share on our website and are not responsible for any offensive, inappropriate, unlawful, or otherwise objectionable content you may encounter using our website. The Company is not responsible for the online or offline conduct of any Client of our website.

Our website may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Client communications.

The Company is not responsible for any technical problem or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or any failure of email because of technical problems or traffic congestion on the Internet, or any combination–including injury or damage to Clients’ or any other person’s computer, mobile phone, or other hardware or software–related to or resulting from the use or downloading of materials in connection with our website, including, without limitation, any software provided through our website.

Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our website, or any interactions between Clients of our website, whether online or offline. Reference to any services, processes, or other information by trade name, trademark, manufacturer, or supplier, does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our website by third parties or by any of the equipment or programming associated with or used by our website.

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUR WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.

THE COMPANY, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY AT ALL FOR YOUR USE OF OUR WEBSITE. THE COMPANY CAN NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO RELATED SOFTWARE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR ANY SOFTWARE FOUND WITHIN OUR WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR WEBSITE AND RELATED SOFTWARE IS DISCLAIMED.

WITHOUT LIMITATION, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF IT AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY.

OUR WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DESPITE ANYTHING TO THE CONTRARY HERE, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE AT ALL, AND REGARDLESS OF THE FORM OF THE ACTION, WILL ALWAYS BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR USING OUR WEBSITE DURING THE PREVIOUS MONTH BEFORE THE EVENT RESULTING IN LIABILITY.

As a Client, you agree NOT to use our website to do any of the following:

Upload, post, or transmit any Client Content that:

1.     Violates any local, state, provincial, federal, or international laws

2.     Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party

3.     Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable

4.     Links directly or indirectly to any materials to which you do not have a right to link

5.     Contains any private information of any third-party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers

6.     Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware, or telecommunications equipment, or to extract information from our website

7.     Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation

8.     In the sole judgment of the Company is objectionable or restricts or inhibits any other person from using or enjoying our website, or which may expose the Company, our affiliates, or our Clients to any harm or liability of any type

Use our website to:

1.     Develop a competing website

2.     Create compilations or derivative works as defined under United States and foreign copyright laws

3.     Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism

4.     Decompile, disassemble, or reverse engineer our website and any related software

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we judge appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

Linking to Our website

You may provide links to our website if (a) you do not remove or obscure any portion of our website by framing, (b) your website does not engage in illegal or pornographic activities, and (c) you stop providing links to our website immediately on our request.

Links to Other Websites

Our website may from time to time contain links to third-party websites. The inclusion of links to other websites does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites. The Company has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the Privacy Policy and Terms and Conditions of those websites to fully understand what information is collected and how it is used.

Termination of Client Privileges

Your Client privileges with us are effective until terminated by you or us. Your rights under this Agreement may terminate without notice from us if you fail to comply with any terms of this Agreement. On termination, you will stop representing yourself as a Client. You must delete or destroy any information or Content (including all copies) obtained from our website. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.

Indemnification

You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our website.

Severability and Survival

Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.

Changes to Our Agreement

We reserve the right to change this Agreement at any time by giving you advance notice of the changes by email. We will also post these changes on our website. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of this Agreement, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our website after any change to this Agreement and our telling you will constitute your acceptance of such change. If you do not agree with the changes to this Agreement, you can choose to discontinue the use of our website.

Contact Us

If you have any questions about our Terms and Conditions, contact us in writing by email at simon@excel-cfo.com.