Terms of Service

01 Acceptance of Terms

By accessing or using cfoprofitadviser.com (the "Site") or by engaging Profit Adviser for services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Site or engage our services.

These Terms apply to all visitors, users, prospective clients, and clients of Profit Adviser.

02 About Us

Profit Adviser is a strategic business consulting and fractional CFO practice operated by Chris Peden, CPA, CMA, CFM, based in Manassas, Virginia. We provide financial leadership, advisory, and consulting services to growing businesses.

References to "we," "us," "our," and "Profit Adviser" mean Chris Peden and the Profit Adviser practice. References to "you" and "your" mean the individual or entity using the Site or engaging our services.

03 Services

Profit Adviser offers, among other things:

• Fractional CFO services
• Strategic business consulting
• Cash flow management and financial forecasting
• KPI dashboards and financial reporting
• Fundraising preparation and board / investor relations support
• Tax and compliance strategy
• Educational content, frameworks, and resources made available through the Site

Services may be provided directly by Chris Peden or by team members or subcontractors engaged by Profit Adviser. The specific services delivered to a client are governed by a separately signed engagement letter or service agreement.

04 No Professional Advice from the Site

The information published on this Site, including blog posts, articles, downloadable resources, frameworks, and the Peden Profit Method content, is provided for general informational and educational purposes only. It is not a substitute for personalized advice from a qualified professional.

Use of this Site, downloading materials, completing forms, or contacting us through the Site does not create:

• A CPA-client relationship
• A CFO or fractional CFO advisory relationship
• An attorney-client relationship
• An investment advisory relationship
• A fiduciary or other professional relationship

A professional advisory relationship is established only when both parties have signed a written engagement letter and the agreed-upon retainer or initial fees have been received.

05 Engagement of Services

If you engage Profit Adviser for services, the scope, deliverables, fees, term, and other engagement-specific terms will be set out in a separate written engagement letter or service agreement signed by both parties. In the event of a conflict between these Terms and a signed engagement letter, the engagement letter will control with respect to the matters it covers.

Discovery and Consultation Calls

Free consultation or "Clarity Call" conversations offered through the Site are exploratory in nature. Information shared during a free consultation is treated with discretion but does not, by itself, create a confidential professional relationship. A signed engagement letter is required for ongoing confidentiality and service obligations.

06 Fees and Payment

Fees for services are set out in the applicable engagement letter or order form. Unless otherwise agreed in writing:

• Recurring monthly retainers are billed in advance on or before the first business day of each service month.
• Project-based or hourly fees are billed in accordance with the engagement letter.
• All amounts are stated in U.S. dollars and exclude any applicable taxes, which are your responsibility unless we are required by law to collect them.
• Invoices are due upon receipt unless otherwise stated.

Late Payments

Past-due amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, and we may suspend services until the account is brought current.

Refunds

Fees paid for services already rendered are non-refundable. Refund eligibility for unused portions of a prepaid retainer, if any, will be addressed in the applicable engagement letter.

07 Confidentiality

During the course of a signed engagement, each party may receive confidential or proprietary information from the other. Each party agrees to:

• Use the other party's confidential information only for purposes of the engagement;
• Protect such information with at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care;
• Not disclose such information to third parties except to employees, contractors, and advisors with a need to know, who are themselves bound by confidentiality obligations.

Confidential information does not include information that is publicly available through no breach of these Terms, was already known to the receiving party, was independently developed, or is required to be disclosed by law or court order.

08 Intellectual Property

Our Content

All content on the Site, including text, graphics, logos, images, frameworks, methodologies, the Peden Profit Method, dashboards, templates, and other materials, is owned by Profit Adviser or its licensors and is protected by U.S. and international intellectual property laws.

You may view, download, and print Site content for your personal, non-commercial reference. Any other use, including reproduction, modification, distribution, or public display, requires our prior written permission.

Work Product

Ownership of deliverables produced under a paid engagement (such as financial models, dashboards, reports, and analyses) will be addressed in the applicable engagement letter. Absent a contrary written agreement, deliverables are licensed to the client for internal business use, while Profit Adviser retains ownership of underlying methodologies, frameworks, templates, and know-how.

Client Materials

Materials provided to us by a client (financial data, business records, etc.) remain the property of the client. We use such materials only for purposes of the engagement.

09 User Conduct

When using the Site, you agree not to:

• Use the Site or our services for any unlawful purpose or in violation of any applicable law;
• Submit false or misleading information through forms or in communications with us;
• Attempt to gain unauthorized access to the Site, our systems, or any associated networks;
• Interfere with or disrupt the operation of the Site, including by introducing malware or excessive automated traffic;
• Reproduce, scrape, or harvest content from the Site for commercial purposes without permission.

10 Third-Party Links and Tools

The Site may contain links to third-party websites, products, or services, and we may recommend or use third-party tools (such as accounting software, dashboard providers, or payment processors) in our work. We do not control these third parties and are not responsible for their content, policies, performance, or availability. Your use of any third-party site or service is governed by that third party's terms.

11 Disclaimers

The Site and any free content provided through it are made available "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted availability.

Services provided under a signed engagement are delivered with reasonable professional care consistent with applicable CPA standards. However, we do not guarantee any specific business outcome, financial result, return on investment, fundraising success, tax savings, or other result. Business outcomes depend on numerous factors outside our control, including your implementation, market conditions, and the actions of third parties.

12 Limitation of Liability

To the maximum extent permitted by law, in no event will Profit Adviser, Chris Peden, or any of our employees, contractors, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost data, lost business opportunities, or loss of goodwill, arising out of or related to your use of the Site or our services, even if we have been advised of the possibility of such damages.

Our total cumulative liability for all claims arising out of or related to the Site or our services, whether in contract, tort, or otherwise, will not exceed the greater of (a) the total fees paid by you to Profit Adviser during the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of the above may not apply to you.

13 Indemnification

You agree to indemnify, defend, and hold harmless Profit Adviser, Chris Peden, and our employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your violation of these Terms; (b) your misuse of the Site or our services; (c) your violation of any applicable law or third-party rights; or (d) any inaccurate, incomplete, or misleading information you provide to us.

14 Termination

We may suspend or terminate your access to the Site at any time, with or without cause and with or without notice.

Termination of a signed engagement is governed by the applicable engagement letter. In the absence of a contrary provision, either party may terminate an engagement with thirty (30) days' written notice. Sections of these Terms that by their nature should survive termination (including Confidentiality, Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution) will survive.

15 Governing Law and Venue

These Terms and any dispute arising out of or related to them or our services are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. Subject to Section 16 below, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Prince William County, Virginia, for any action not subject to mediation or arbitration.

16 Dispute Resolution

Before initiating any formal legal proceeding, the parties agree to first attempt to resolve any dispute through good-faith negotiation for a period of at least thirty (30) days after written notice of the dispute is provided.

If the dispute is not resolved through negotiation, the parties agree to attempt to resolve the dispute through non-binding mediation in Prince William County, Virginia, with a mutually agreed mediator. The cost of mediation will be shared equally by the parties.

If mediation does not resolve the dispute, either party may pursue the dispute in the courts identified in Section 15. Each party waives the right to a jury trial to the extent permitted by law.

17 Changes to These Terms

We may update these Terms from time to time. The "Last Updated" date at the top of this page reflects the most recent version. Material changes will be communicated by updating the date and, where appropriate, by additional notice on the Site. Your continued use of the Site or our services after an update constitutes acceptance of the updated Terms.

18 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

19 Entire Agreement

These Terms, together with our Privacy Policy and any signed engagement letter or service agreement, constitute the entire agreement between you and Profit Adviser regarding the subject matter hereof and supersede any prior or contemporaneous agreements, understandings, or communications, whether written or oral.

20 Contact Us

Questions about these Terms? Reach out: