Terms of Use

Everything on this Site is general information about preparing a business for sale. It is not, and is not intended to be, legal, tax, accounting, financial, investment, or brokerage advice. Reading this Site, contacting us, or having an introductory conversation does not create an advisor-client, fiduciary, or confidential relationship of any kind. You should not act on anything you read here without consulting qualified professionals who know the specifics of your situation.

An advisor-client relationship with SD Exit Advisory is formed only by a separately signed written engagement agreement. Until such an agreement is in place, no work product, opinion, or recommendation from us — formal or informal — should be relied on.

The free introductory call is exploratory only. It is a chance for both sides to understand whether a future engagement makes sense. During the call we do not provide advice, and neither side incurs any obligation to proceed. Either of us can decline to move forward for any reason.

We treat all inquiries and conversations with discretion as a matter of professional practice. However, formal contractual confidentiality protection only applies once a non-disclosure agreement (NDA) is signed. NDAs are available on request before any detailed discussion of your business — please ask, and one will be put in place before we go beyond general topics.

Until an NDA is signed, please do not submit confidential financial details, customer information, trade secrets, or other sensitive business information through the contact form or in early conversations. Any information you submit before an NDA is in place is treated as non-confidential, even if you describe it as confidential.

Selling a business is complex and outcomes depend on many factors outside our control — market conditions, buyer behavior, your own decisions, the performance of your business, and the work of other professionals. Nothing on the Site or in any conversation with us is a guarantee, projection, or warranty of any particular sale price, valuation multiple, timeline, buyer interest, tax outcome, or transaction result.

The Site 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 merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, and uninterrupted availability.

To the fullest extent permitted by law, SD Exit Advisory and its principals will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or business interruption, arising out of or relating to the Site or these Terms — even if advised of the possibility.

Our total aggregate liability for any claim arising out of or relating to the Site or these Terms is capped at the greater of (a) one hundred U.S. dollars ($100) or (b) the fees you have actually paid us in the twelve months preceding the event giving rise to the claim.

You agree to indemnify and hold harmless SD Exit Advisory and its principals from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your misuse of the Site, your breach of these Terms, or your violation of any law or third-party right in connection with your use of the Site.

Please do not send confidential business information, trade secrets, financial details, or sensitive operational data through the contact form or any other channel before an engagement agreement and, where appropriate, an NDA are in place. Any information submitted to us before those agreements exist is treated as non-confidential and non-proprietary, and we are free to use, retain, or discard it at our discretion, subject to the Privacy Policy.

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to the arbitration clause below, the exclusive venue for any dispute is the state and federal courts located in San Diego County, California, and you consent to personal jurisdiction there.

Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our interactions with you (other than claims for injunctive relief to protect intellectual property) will be resolved by final and binding arbitration administered by JAMS or, if JAMS is unavailable, the American Arbitration Association (AAA), under their then-current commercial arbitration rules. Arbitration will be conducted in San Diego County, California, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

You and SD Exit Advisory each waive the right to bring or participate in any class, collective, or representative action. Disputes must be brought in your individual capacity only.

If you are a resident of a jurisdiction where this arbitration clause or class action waiver is unenforceable, the unenforceable portion will not apply to you, and the remaining portions will continue in effect.

We may modify these Terms from time to time. The updated version will be posted on this page with a new "Last updated" date. Your continued use of the Site after changes are posted means you accept the updated Terms.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and SD Exit Advisory regarding use of the Site, and supersede any prior understandings on that subject.

Questions about these Terms can be sent to privacy@sdexit.com.