These Terms govern your access to and use of the website, content, and advisory offerings made available at the ACQ Consulting, LLC website (the "Service") operated by ACQ Consulting, LLC ("us", "we", or "our").
Your access to our Service is subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, engagement letters, and policies published or otherwise communicated by us from time to time.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to any part of the terms of the Agreement, you may not access or use our Services.
Intellectual Property
The Agreement does not transfer to you any of our or any third party's intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with ACQ Consulting, LLC and its licensors. This includes all transaction strategies, valuation models, financial analyses, marketing materials, target lists, reports, and other work product developed by us during the provision of services, unless otherwise specified in a separate written engagement letter.
Service Provision & Fees
Our advisory services — including mergers and acquisitions advisory, sell-side and buy-side representation, valuations, due diligence, and strategic consulting — are provided based on the scope of work, timeline, retainer, and success fee structure outlined in a formal engagement letter. Retainer fees are typically due at execution and at agreed milestones, while success fees are payable at closing. Failure to make timely payments may result in suspension or termination of services.
Third-Party Services
In using our Services, you may interact with third-party services, products, software, or applications developed by a third party ("Third-Party Services") — such as virtual data rooms, accounting platforms, legal counsel, tax advisors, escrow agents, or financial institutions engaged in connection with a transaction.
If you use any Third-Party Services, you understand that:
- Any use of a Third-Party Service is at your own risk, and we shall not be responsible or liable to anyone for those third-party websites or services.
- You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any content, goods, or services available through such third parties.
Accounts & Client Responsibilities
Where the performance of our Services requires access to your financial systems, data rooms, accounting platforms, or other secure accounts, you agree to provide us with timely and accurate access along with complete and truthful information. You will be solely responsible for maintaining the security of your own accounts and platforms. You must notify us immediately of any unauthorized use of your accounts or any other breach of security.
Links To Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by ACQ Consulting, LLC.
ACQ Consulting, LLC assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. ACQ Consulting, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
Termination
We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately, particularly in cases of non-payment, misrepresentation, conflict of interest, or breach of this Agreement.
If you wish to terminate the Agreement or your engagement with ACQ Consulting, LLC, you may do so subject to the cancellation, tail-period, and earned-fee terms outlined in your specific engagement letter.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, confidentiality, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer of Warranties
Our Services are provided "AS IS" and "AS AVAILABLE." ACQ Consulting, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither ACQ Consulting, LLC, nor its suppliers and licensors, makes any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted. We do not guarantee any specific transaction outcome, valuation level, or closing date, as transaction results are subject to market, regulatory, counterparty, and other factors beyond our direct control.
Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, this Agreement and any access to or use of our Services will be governed by the laws of the State of Colorado. The proper venue for any disputes will be the state and federal courts located in Boulder County, Colorado.
Changes
ACQ Consulting, LLC reserves the right, at our sole discretion, to modify or replace these Terms at any time. If we make material changes, we will provide at least 30 days' notice before the changes take effect. Your continued use of our Services after the new terms become effective will be subject to the new terms.