1Who we are and what these terms cover
Evenhurst Advisory LLC, a Wyoming limited liability company (“Evenhurst,” “we,” “us”), operates evenhurst.com and any pages, forms and content we publish on it (the “website”). These Terms of Use (the “Terms”) apply to everyone who visits or uses the website (“you”).
The website is intended for adults acting in a business or professional capacity, such as people and companies considering the acquisition of a business. You must be at least 18 to use it. If you use the website on behalf of a company or other entity, you confirm that you have authority to accept these Terms for it.
2How these terms relate to our other documents
- Our Privacy Policy explains how we handle personal information. It forms part of these Terms.
- Any services we provide are governed only by a written engagement letter signed by you and by us. If these Terms conflict with an engagement letter, the engagement letter controls for the matters it covers.
- If we offer services for purchase through the website, any additional purchase terms shown at checkout also apply to that purchase.
3Website content is general information, not advice
The website, including Deal Notes, sample analyses, illustrative figures, methodology descriptions and any tools, is provided for general information only. It is not financial, investment, valuation, accounting, tax or legal advice, and it is not a recommendation to buy, sell, finance or price any business or security. It does not take into account your circumstances or any particular transaction.
Examples, case studies and sample deliverables are illustrative. They are anonymized, simplified or fictional, and they do not describe the results of any particular client engagement. Past outcomes do not predict future results. Do not rely on website content when making a decision; obtain advice for your own situation from qualified professionals.
What we are not. Evenhurst is not a broker-dealer, investment adviser, lender, law firm or public accounting firm. We do not provide legal services, audit or other attest services, or investment advice about securities. Although members of our team may hold professional licenses, including as attorneys, no attorney–client or other professional relationship arises from your use of the website.
4No engagement until we both sign
Visiting the website, sending us an enquiry, booking a call, requesting or receiving a quote, or speaking with us does not make you our client and does not create any duty of care, fiduciary duty or advisory relationship. An engagement begins only when both parties have signed an engagement letter and any conditions in it, such as a conflict check or payment of a fee, have been met. We may decline any enquiry or engagement for any reason.
Quotes and fee indications given through the website or by email are based only on the information you provide. They are estimates, valid for 30 days unless we say otherwise, and subject to the final scope and terms of an engagement letter.
5Please don’t send confidential documents before we’re engaged
Please do not send us confidential deal documents, such as a target company’s financial statements, tax returns, confidential information memoranda or information you received under a non-disclosure agreement, until we have agreed in writing how they will be protected. Share only the basic information we ask for to prepare a quote, such as industry, deal size and revenue.
We treat personal information in enquiries as described in our Privacy Policy and handle enquiries with discretion. However, information you send before an engagement letter or a written confidentiality agreement is in place is not subject to any confidentiality obligation beyond what the law requires, and receiving it does not prevent us from acting for others.
6Information you provide
When you contact us or use a form on the website, you agree to give accurate and complete information and confirm that you have the right to share it, including any information about other people or companies. If you send us suggestions or feedback about the website or our services, we may use it without restriction or payment to you.
7Our intellectual property
The website and its content, including text, analyses, charts, methodology, designs, logos and the Evenhurst name, are owned by Evenhurst or our licensors and are protected by intellectual property laws. “Evenhurst” and the Evenhurst logo are our trademarks. You may not use them without our written permission.
We grant you a limited, revocable, non-exclusive, non-transferable license to view and print website pages for your own internal business use. You may share a link to any page. You may not otherwise copy, republish, sell, create derivative works from, or frame website content, or remove any copyright or proprietary notice.
8Acceptable use
You agree not to:
- use the website in a way that breaks any law or infringes anyone’s rights;
- use robots, scrapers or other automated means to access, copy or collect website content, or use it to train or improve any machine-learning or artificial-intelligence system, except for search-engine indexing allowed by our robots.txt file;
- try to gain unauthorized access to the website or our systems, probe or test their vulnerability, or interfere with their operation, including by introducing malware or overloading them;
- impersonate any person, misrepresent your affiliation, or submit false or misleading information; or
- use the website or our contact details to send spam or unsolicited promotions.
We may suspend or block access to the website for anyone who breaches these Terms.
9Third-party links and services
The website may link to, or use, services run by others, such as scheduling, video-call, e-signature and payment providers. Those services are governed by their own terms and privacy policies. We do not control them and are not responsible for their content, availability or practices.
10Protect yourself against payment fraud
We will never send or change payment instructions by email. If you receive a message in our name asking you to pay to new or different account details, do not act on it. Call us at a number you already know, or write to [email protected] from a new message, to confirm.
11Disclaimer of warranties
The website and its content are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of accuracy, completeness, merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the website will be uninterrupted, secure or free of errors or harmful components, or that content is current. We may change or remove content at any time without notice.
12Limitation of liability
To the fullest extent permitted by law, Evenhurst and its members, managers, personnel and service providers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or relating to the website or these Terms, even if advised of the possibility of such damages.
Our total liability for all claims arising out of or relating to the website or these Terms is limited to US$100.
This section does not apply to services provided under an engagement letter, which sets out its own terms on liability, and it does not limit liability that cannot be limited under applicable law.
13Indemnity
You agree to indemnify and hold harmless Evenhurst and its members, managers and personnel from any claims, losses and expenses, including reasonable attorneys’ fees, arising from your breach of these Terms or your misuse of the website.
14Governing law and disputes
These Terms and any dispute arising out of or relating to them or to the website are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules. The state and federal courts located in Wyoming have exclusive jurisdiction, and you and we consent to their personal jurisdiction and venue.
Jury and class waiver. To the fullest extent permitted by law, you and we each waive any right to a jury trial and agree that any dispute will be brought only on an individual basis, and not as a plaintiff or class member in any class, collective or representative proceeding.
Any claim relating to the website must be brought within one year after it arises, to the extent permitted by law.
15Changes to these terms
We may update these Terms from time to time. We will post the updated version on this page with a new “Last updated” date. Changes apply from the date they are posted. Your continued use of the website after that date means you accept the updated Terms.
16General
If any part of these Terms is found unenforceable, the rest remains in effect and the unenforceable part will be enforced to the maximum extent permitted. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger or sale of our business. These Terms, with the Privacy Policy, are the entire agreement between you and us about the website. Sections 3 to 5, 7 and 11 to 16 survive any end of your use of the website.
17Copyright concerns
If you believe content on the website infringes your copyright, write to [email protected] with a description of the work, where it appears on the website, your contact details, and a statement that you have a good-faith belief the use is not authorized.
18Contact us
Evenhurst Advisory LLC
30 N Gould St, Ste N, Sheridan, WY 82801
[email protected]