These Terms and Conditions (“Terms”) govern your access to and use of the website operated by Frak Finance (“Frak Finance,” “we,” “us,” or “our”) at frakfinance.com and any subdomains, pages, or related online properties (collectively, the “Site”). These Terms form a binding agreement between you and Frak Finance.
By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you must not access or use the Site.
These Terms govern only your use of the Site. They do not govern the delivery of professional services by Frak Finance. Professional services are provided exclusively under a separate, written engagement letter or master services agreement that, once executed, will control the scope, fees, deliverables, confidentiality, data handling, and other terms of that engagement.
1. Acceptance and Eligibility
By using the Site, you represent and warrant that you are at least eighteen years old, that you have the legal capacity to enter into these Terms, and that, where you act on behalf of a business, you have the authority to bind that business to these Terms. If you do not meet these requirements, you must not use the Site.
2. Description of the Site
The Site is an informational and marketing channel. It describes our firm, the services we offer, the industries we serve, case studies of past engagements, market commentary, and related content. The Site allows you to contact us, request a consultation, subscribe to our newsletter, and access publicly available resources.
The Site does not provide a means to engage Frak Finance for professional services. Engagement of Frak Finance requires the execution of a separate written engagement letter or master services agreement signed by both parties.
We do not sell your personal information for monetary consideration. We do not use information collected through the Site to make decisions that produce legal or similarly significant effects about you without human review.
3. No Professional Advice
All content on the Site, including articles, case studies, market commentary, newsletters, white papers, frameworks, calculators, infographics, and any other materials, is provided for general informational purposes only. Site content does not constitute financial, accounting, tax, legal, investment, valuation, or other professional advice.
Site content is not tailored to your specific facts, circumstances, business, industry, jurisdiction, or objectives. You should not act or refrain from acting on the basis of Site content without first obtaining advice from a qualified professional who has reviewed your particular situation. Any decision you make based on Site content is made at your own risk.
Past performance, case study outcomes, financial metrics, and projected results described on the Site are illustrative. They reflect specific client circumstances and do not guarantee future results for any other engagement or business.
4. No Client or Advisory Relationship Until Engagement
No client, advisory, fiduciary, or other professional relationship is created between you and Frak Finance by your use of the Site, by your submission of a contact form, by your request for a consultation, by your participation in an introductory call or discovery meeting, by your subscription to our newsletter, or by any communication preceding the execution of a written engagement letter or master services agreement.
Information you submit through the Site or share during preliminary discussions is not protected by any professional privilege and is not subject to any duty of confidentiality except as described in our Privacy Policy and as may be agreed separately in writing. Do not submit confidential, proprietary, or sensitive financial information through the Site or in preliminary communications.
5. Intellectual Property
The Site and all content on it, including text, graphics, logos, images, audio, video, charts, frameworks, methodologies, case studies, and software, together with the selection, arrangement, and design of that content, are owned by Frak Finance or its licensors and are protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.
Subject to your compliance with these Terms, Frak Finance grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal or internal business evaluation purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, license, or commercially exploit any Site content without the prior written consent of Frak Finance, except that you may print or download a single copy of a page for your personal, non-commercial reference.
“Frak Finance,” the Frak Finance logo, “Built to Exit,” and other marks displayed on the Site are trademarks or service marks of Frak Finance or its affiliates. You may not use these marks without our prior written permission. All other trademarks referenced on the Site are the property of their respective owners and are used for identification purposes only.
6. Permitted and Prohibited Use
You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Site in any manner that violates applicable federal, state, local, or international law or regulation.
- Use the Site to transmit any material that is unlawful, defamatory, fraudulent, infringing, harassing, threatening, obscene, or otherwise objectionable.
- Impersonate or attempt to impersonate Frak Finance, a Frak Finance employee, another user, or any other person or entity.
- Engage in any conduct that restricts or inhibits another person’s use or enjoyment of the Site or that may harm Frak Finance or other Site users.
- Use any robot, spider, scraper, or other automated means to access the Site, except for compliant search engine indexing.
- Use the Site to train, fine-tune, evaluate, or develop any artificial intelligence model or machine learning system without our prior written consent.
- Introduce viruses, worms, trojans, ransomware, or other malicious code, or attempt to gain unauthorized access to the Site, its servers, or any connected systems.
- Probe, scan, or test the vulnerability of the Site or breach any security or authentication measures.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software made available on the Site.
- Frame the Site, mirror any portion of the Site, or use Site content for competitive intelligence or to develop a competing service.
7. Your Submissions and Communications
If you submit content to Frak Finance through a contact form, email, comment, survey, or other communication, you represent that you own or control the rights to that content and that the content does not violate any law or any third party’s rights. You grant Frak Finance a non-exclusive, royalty-free, worldwide, perpetual license to use, store, reproduce, and analyze your submission for the purpose of responding to your inquiry, improving our services, and complying with our legal obligations.
Frak Finance does not solicit and is not obligated to consider unsolicited ideas, suggestions, proposals, or other materials. If you nevertheless submit such materials, you agree that Frak Finance may use them without restriction or compensation to you.
8. Third-Party Tools, Software, and Links
The Site may reference, describe, or integrate with third-party software, platforms, and services, including QuickBooks, Sage, Xero, Odoo, Bill.com, Gusto, ADP, Paychex, Paylocity, Shopify, Stripe, HubSpot, Salesforce, LinkedIn, Calendly, Substack, Google Analytics, and others. References to these third-party tools are descriptive only and do not constitute endorsements, partnerships, certifications, or guarantees of compatibility, performance, security, or availability.
The Site may contain links to third-party websites or resources. Frak Finance does not control these third-party sites and is not responsible for their content, policies, products, services, or practices. Your use of any third-party site or service is at your own risk and is subject to the terms and policies of that third party.
9. Newsletter and Marketing Communications
If you subscribe to our newsletter “Built to Exit” or to other marketing communications, you authorize Frak Finance to send those communications to the email address you provide. You may unsubscribe at any time using the link in any marketing email or by contacting us at the address in Section 18. Operational communications related to your inquiries may continue regardless of marketing preferences.
10. Disclaimers of Warranties
THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FRAK FINANCE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS, AND RELIABILITY.
Frak Finance does not warrant that the Site will be uninterrupted, secure, timely, error-free, or free of viruses or other harmful components, that defects will be corrected, that any content will be accurate or current, or that the Site will meet your requirements or expectations.
Statistics, market data, benchmarks, regulatory references, and other information presented on the Site may become outdated or may not apply to your specific facts. You are responsible for verifying any information before relying on it.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FRAK FINANCE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, DATA, OR USE, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF FRAK FINANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FRAK FINANCE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED US DOLLARS (USD $100). THIS LIMIT APPLIES IN THE AGGREGATE TO ALL CLAIMS YOU MAY BRING.
Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent any such limitation is not permitted, the limitation will apply to the maximum extent allowed by law.
12. Indemnification
You agree to defend, indemnify, and hold harmless Frak Finance and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your access to or use of the Site, your violation of these Terms, your violation of any law or any third party’s rights, or any content you submit through the Site. Frak Finance reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.
13. Confidentiality of Inquiries
Frak Finance will treat the substance of inquiries received through the Site as confidential business information and will not disclose it except as permitted by our Privacy Policy or as required by law. This commitment does not create any duty of professional confidentiality, attorney-client privilege, accountant-client privilege, or fiduciary duty. Such duties, where applicable, arise only under an executed engagement letter or master services agreement.
14. Governing Law and Venue
These Terms and any dispute arising out of or relating to these Terms or your use of the Site are governed by the laws of the State of Illinois, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Subject to Section 15, you and Frak Finance agree that the state and federal courts located in Cook County, Illinois have exclusive jurisdiction over any dispute not subject to arbitration. You consent to the personal jurisdiction of those courts and waive any objection based on inconvenient forum.
15. Dispute Resolution
15.1 Informal Resolution
Before initiating any formal proceeding, you agree to contact Frak Finance at the address in Section 18 and provide a written description of the dispute, the relief you seek, and your contact information. The parties will negotiate in good faith for at least sixty days to resolve the dispute informally.
15.2 Binding Arbitration
If the dispute is not resolved within sixty days, any remaining dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site, except as set out in Section 15.4, will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in Chicago, Illinois, in English, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
15.3 Class Action Waiver
You and Frak Finance agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.
15.4 Exceptions
Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property, confidential information, or to address unauthorized access to or misuse of the Site. Either party may also bring an individual action in small claims court for claims that qualify.
15.5 Time Limitation
Any claim arising out of or relating to these Terms or your use of the Site must be brought within one year after the cause of action arises, or such claim is permanently barred, unless applicable law requires a longer period that cannot be shortened by agreement.
16. Termination
Frak Finance may suspend or terminate your access to the Site at any time, with or without cause and with or without notice. Upon termination, your right to use the Site will cease immediately. Sections of these Terms that by their nature should survive termination, including Sections 3, 4, 5, 7, 10, 11, 12, 13, 14, 15, and 17, will survive.
17. Modifications to These Terms
Frak Finance may revise these Terms from time to time. The version in effect is identified by the date at the top of this page. Material changes will be communicated by posting an updated version on the Site or by other appropriate means. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site.
18. Notices and Contact
Notices and other communications under these Terms must be sent to:
Frak Finance LLC
Attn: Legal
[Street Address]
Chicago, IL [ZIP]
United States
Email: legal@frakfinance.com
Phone: [Phone Number]
Frak Finance may give notice to you by email to the address you have provided, by posting a notice on the Site, or by any other reasonable means. Notice is effective when sent or posted.
19. General Provisions
19.1 Entire Agreement
These Terms, together with the Privacy Policy and any executed engagement letter or master services agreement between you and Frak Finance, constitute the entire agreement between the parties regarding the Site and supersede all prior or contemporaneous understandings on that subject. If there is a conflict between these Terms and an executed engagement letter, the engagement letter controls with respect to the matters it addresses.
19.2 Severability
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
19.3 No Waiver
The failure of Frak Finance to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Waivers must be in writing and signed by an authorized representative of Frak Finance to be effective.
19.4 Assignment
You may not assign or transfer these Terms or any of your rights or obligations under them without the prior written consent of Frak Finance. Frak Finance may assign these Terms freely, including in connection with a merger, acquisition, financing, reorganization, or sale of assets. Any attempted assignment in violation of this section is void.
19.5 Force Majeure
Frak Finance is not liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, cyberattacks, government actions, public health emergencies, or shortages of materials or services.
19.6 No Third-Party Beneficiaries
These Terms are for the benefit of you and Frak Finance only and do not create any rights in favor of any third party, except that the limitations of liability and indemnification obligations also apply to and may be enforced by Frak Finance’s affiliates, officers, directors, employees, agents, and licensors.
19.7 Relationship of the Parties
Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Frak Finance.
19.8 Headings
Headings in these Terms are for convenience only and do not affect interpretation.
19.9 Language
These Terms are written in English. Any translation is provided for convenience only. In the event of any discrepancy, the English version controls.