Terms of Service.

These Terms of Service (“Terms”) form a binding agreement between you (“you,” “user,” or “client”) and Set Apart Management LLC (“Set Apart Management,” “we,” “us,” or “our”). By accessing this website, submitting an inquiry, or engaging any service we offer, you accept these Terms in full. If you do not accept them, do not use this website or our services.

We may revise these Terms at any time. Revisions take effect when posted, with the effective date updated above. Continued use of the website or services after a revision constitutes acceptance of the revised Terms.

This website is provided for general informational purposes only. Nothing on it constitutes an offer, solicitation, recommendation, or commitment to provide services, nor does it create a client, advisory, fiduciary, agency, partnership, joint venture, or employment relationship of any kind.

Descriptions of capabilities, frameworks, sectors, or outcomes are illustrative. They are not guarantees, warranties, projections, or representations of results, and they may be changed or withdrawn without notice.

Set Apart Management provides private business management, executive oversight, governance design, operational, and strategic support services. We are not a law firm, accounting firm, tax practice, broker-dealer, investment adviser, insurance producer, or fiduciary of your enterprise unless a signed written agreement expressly states otherwise.

No content on this website and no service we offer constitutes legal, tax, accounting, audit, actuarial, securities, investment, medical, or regulatory advice. You are solely responsible for obtaining independent licensed counsel and professional advice before acting on any information, framework, recommendation, or deliverable.

No content or service constitutes an offer to sell, or a solicitation of an offer to buy, any security or interest in any entity.

Any service we perform is governed exclusively by a separate, signed engagement agreement, statement of work, or master services agreement between the parties (an “Engagement Agreement”). Scope, fees, deliverables, service levels, personnel, term, and termination rights are defined solely there.

If an Engagement Agreement conflicts with these Terms, the Engagement Agreement controls for that engagement, and these Terms continue to govern all other use of the website. No email, presentation, proposal, or website statement modifies an Engagement Agreement unless executed in writing by an authorized representative of each party.

Engagements are accepted by invitation and at our sole discretion. We may decline, pause, or discontinue any prospective or ongoing engagement, subject to the terms of any applicable Engagement Agreement.

You represent that you are at least eighteen years of age, that you have authority to bind any entity you act for, and that all information you provide is accurate, lawful, and complete. Our work necessarily relies on information, records, instructions, and access you supply, and we are not obligated to independently verify or audit it.

You retain full and exclusive authority over your business. All decisions, approvals, filings, transactions, employment actions, financial commitments, and compliance obligations remain yours. We do not assume management control, directorship, officer authority, or signing authority unless expressly appointed in a separate written instrument.

You are responsible for maintaining your own records, insurance, licensing, permits, tax filings, data backups, and regulatory compliance.

You agree not to: use the website unlawfully or for any unlawful purpose; submit false, fraudulent, defamatory, infringing, or malicious content; attempt to gain unauthorized access to any system, account, or data; probe, scan, or test the vulnerability of our infrastructure; interfere with or disrupt service availability; introduce malware or harmful code; scrape, harvest, or systematically extract content or contact data; use automated means to submit inquiries; or misrepresent your identity or affiliation.

We may monitor, restrict, suspend, or terminate access to the website at any time, without notice, and may report suspected unlawful activity to appropriate authorities.

Submitting an inquiry does not create a client relationship and does not obligate us to respond or to accept an engagement. Do not send confidential, privileged, proprietary, regulated, or sensitive personal information through this website or by unsecured email before a written confidentiality agreement is in place.

Information you submit before an engagement is not treated as confidential under any implied duty and is handled as described in our Privacy Policy. Confidentiality obligations arise only under a signed agreement.

Under an executed engagement, each party protects the other’s confidential information using no less than reasonable care, uses it only for the purposes of the engagement, and discloses it only to personnel and advisers with a need to know who are bound by comparable obligations.

Confidentiality obligations do not apply to information that is or becomes public without breach, was lawfully known without duty of confidence, is independently developed, or is lawfully received from a third party. Disclosure compelled by law, regulation, subpoena, or court order is permitted, with notice to the other party where legally allowed.

Neither party may use the other’s name, marks, or engagement details in publicity without prior written consent.

The website and all content, branding, marks, logos, text, imagery, layout, frameworks, methodologies, templates, and materials are owned by Set Apart Management or its licensors and are protected by intellectual property law. You receive no license except a limited, revocable, non-exclusive right to view the website for legitimate business evaluation.

Our pre-existing and independently developed methodologies, know-how, templates, and tools remain our exclusive property, including as embedded in or reflected by any deliverable. Rights in engagement deliverables are allocated solely by the applicable Engagement Agreement.

You may not copy, reproduce, republish, frame, mirror, adapt, reverse engineer, distribute, or create derivative works from our materials without prior written consent.

The website and our services may reference or rely on third-party platforms, tools, hosting, communications, analytics, financial institutions, and professional providers. We do not control third parties and disclaim all responsibility and liability for their content, availability, security, acts, or omissions.

Links to third-party sites are provided for convenience only and do not imply endorsement, affiliation, or verification.

The website, its content, and all services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, statutory, or arising from course of dealing or usage of trade. To the fullest extent permitted by law we disclaim all implied warranties of merchantability, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement.

We do not warrant that the website will be uninterrupted, timely, secure, or error-free, that content is current or complete, or that any particular financial, operational, growth, valuation, compliance, or strategic outcome will be achieved. Business results depend on factors outside our control, including your execution, markets, personnel, capital, and regulation.

To the fullest extent permitted by law, neither Set Apart Management nor its members, managers, officers, employees, contractors, affiliates, or agents will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business opportunity, lost or corrupted data, business interruption, reputational harm, or diminution in enterprise value, whether based in contract, tort, negligence, strict liability, statute, or otherwise, even if advised of the possibility of such damages.

Our total aggregate liability arising out of or relating to the website, these Terms, or any service, from all causes combined, will not exceed the greater of (a) the fees actually paid by you to Set Apart Management for the specific service giving rise to the claim during the three months immediately preceding the event, or (b) one hundred U.S. dollars (USD $100) where no fees were paid.

These limitations apply regardless of whether a limited remedy fails of its essential purpose, and are an essential basis of the bargain between the parties. Nothing in these Terms excludes liability that cannot lawfully be excluded, including for fraud, willful misconduct, or gross negligence where non-waivable.

You agree to defend, indemnify, and hold harmless Set Apart Management and its members, managers, officers, employees, contractors, affiliates, and agents from and against all third-party claims, demands, proceedings, losses, damages, liabilities, penalties, fines, and reasonable attorneys’ fees and costs arising out of or relating to: your use of the website; your breach of these Terms or any Engagement Agreement; information, instructions, or materials you provide; your business operations, employment practices, products, or services; your decisions and those of your officers, directors, and advisers; your violation of law or of any third party’s rights; and any unauthorized access occurring through your credentials or systems.

We will defend, indemnify, and hold you harmless against third-party claims to the extent they arise from our willful misconduct, gross negligence, or infringement of third-party intellectual property by materials we originate, subject to the Limitation of Liability above.

The indemnified party must promptly notify the indemnifying party, allow it to control the defense, and cooperate reasonably. No settlement imposing obligations on the indemnified party may be made without its written consent.

Neither party is liable for delay or failure in performance caused by events beyond its reasonable control, including acts of God, natural disaster, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labor disruption, governmental action, embargo, utility or telecommunications failure, cyberattack, or third-party platform outage. Payment obligations already accrued are not excused.

Except as otherwise agreed in writing, during an engagement and for twelve months afterward, neither party will knowingly solicit for employment or engagement any personnel of the other who were substantially involved in the engagement. General public advertising not targeted at such personnel is permitted.

Our personnel and contractors remain solely our personnel. No employment, co-employment, or agency relationship is created with you.

We may suspend or terminate your access to the website at any time for any reason, including suspected violation of these Terms. Termination of an engagement is governed by the applicable Engagement Agreement.

Provisions that by their nature should survive will survive termination, including sections on intellectual property, confidentiality, warranty disclaimers, limitation of liability, indemnification, non-solicitation, governing law, and dispute resolution.

These Terms are governed by the laws of the State of Arizona, excluding its conflict-of-laws rules and excluding the U.N. Convention on Contracts for the International Sale of Goods.

The parties will first attempt to resolve any dispute through good-faith negotiation between senior representatives for thirty days. Any dispute not so resolved will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Maricopa County, Arizona, and conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.

Disputes will be resolved individually. To the extent permitted by law, each party waives any right to participate in a class, collective, consolidated, or representative action and waives any right to a jury trial. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect confidential information or intellectual property.

Any claim must be brought within one year after the claim arose or it is permanently barred, to the extent such limitation is lawful.

If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions will remain in full force. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with a reorganization, merger, or sale of assets.

These Terms, together with the Privacy Policy, Cookie Policy, and any applicable Engagement Agreement, constitute the entire agreement regarding the website and supersede prior understandings on that subject. Headings are for convenience only.