Terms of Use

Agreement to These Terms

We are Prism CFOs (“Company,” “we,” “us,” “our”), a company registered in California, United States.

We operate the website https://www.prismcfos.com (the “Site”), as well as any other related products and services that refer or link to these terms (the “Terms”) (collectively, the “Services”).

Fractional CFO and financial consulting services for cannabis businesses.

You can contact us by phone at (650) 241-8222 or by email at info@amywelker.com.

These Terms form a legally binding agreement between you, whether personally or on behalf of an entity, and the Company, concerning your access to and use of the Services. By accessing the Services, you confirm that you have read, understood, and agreed to be bound by all of these Terms. If you do not agree with these Terms, you must discontinue use of the Services immediately.

The Services are intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Services.

1. Our Services

The information provided through the Services is not intended for distribution to or use by any person in any jurisdiction where such distribution would be contrary to law or regulation. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations such as HIPAA, FISMA, or GLBA. If your use of the Services would be subject to such laws, you may not use the Services.

2. Intellectual Property Rights

Our Intellectual Property

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws and treaties in the United States and around the world. The Content and Marks are provided through the Services for your personal, non-commercial use or internal business purpose only.

Your Use of Our Services

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

No part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. To request permission, contact us at info@amywelker.com.

We reserve all rights not expressly granted to you. Any breach of these intellectual property rights will constitute a material breach of these Terms and your right to use the Services will terminate immediately.

Your Submissions

By sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. We will own the Submission and may use it for any lawful purpose without acknowledgment or compensation to you.

You are solely responsible for your Submissions and agree to reimburse us for any losses we suffer because of your breach of this section, any third party's intellectual property rights, or applicable law.

3. User Representations

By using the Services, you represent and warrant that: (a) you have the legal capacity to agree to these Terms; (b) you are not a minor in the jurisdiction in which you reside; (c) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (d) you will not use the Services for any illegal or unauthorized purpose; and (e) your use of the Services will not violate any applicable law or regulation.

4. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without our written permission.
• Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive information.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Disparage, tarnish, or otherwise harm us or the Services, in our opinion.
• Use any information obtained from the Services to harass, abuse, or harm another person.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party's use and enjoyment of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Attempt to impersonate another user or person.
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Attempt to bypass any measures designed to prevent or restrict access to the Services.
• Copy or adapt the Services' software, including but not limited to HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any software making up a part of the Services.
• Use the Services as part of any effort to compete with us or for any revenue-generating or commercial enterprise.
• Sell or otherwise transfer your profile.

5. Services Management

We reserve the right, but not the obligation, to: (a) monitor the Services for violations of these Terms; (b) take appropriate legal action against anyone who violates the law or these Terms, including reporting such user to law enforcement; (c) in our sole discretion, refuse, restrict access to, or limit the availability of the Services; (d) remove from the Services any files and content that are excessive in size or burdensome to our systems; and (e) otherwise manage the Services in a manner designed to protect our rights and property and facilitate proper functioning of the Services.

6. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy at https://www.prismcfos.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms.

The Services are hosted in the United States. If you access the Services from any other region with laws governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services you consent to have your data transferred to and processed in the United States.

7. Term and Termination

These Terms remain in full force and effect while you use the Services. We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services to any person for any reason, including for breach of any representation, warranty, or covenant contained in these Terms or any applicable law or regulation.

If we terminate or suspend your access for any reason, you are prohibited from creating a new account under your name, a false name, or the name of any third party. In addition to terminating your access, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

8. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time for any reason at our sole discretion without notice. We have no obligation to update any information on our Services, and we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance.

9. Governing Law

These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

10. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms, the parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

Binding Arbitration

If the parties are unable to resolve a dispute through informal negotiations, the dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes, both of which are available at the AAA website. The arbitration may be conducted in person, through document submission, by phone, or online. The arbitrator will make a decision in writing and must follow applicable law. Except where otherwise required by applicable AAA rules or applicable law, the arbitration will take place in California.

If for any reason a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in the State of California, and the parties consent to the jurisdiction of such courts.

Restrictions

The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The following disputes are not subject to the arbitration provisions above: (a) any dispute seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a party; (b) any dispute related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

11. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

12. Disclaimer

The Services are provided on an “as-is” and “as-available” basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations about the accuracy or completeness of the Services' content or the content of any websites linked to the Services, and we assume no liability for any: (1) errors, mistakes, or inaccuracies of content; (2) personal injury or property damage resulting from your access to and use of the Services; (3) unauthorized access to or use of our servers or any personal or financial information stored therein; (4) interruption or cessation of transmission to or from the Services; (5) bugs, viruses, Trojan horses, or the like transmitted through the Services by any third party; or (6) errors or omissions in any content or loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Services.

13. Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages. In no event shall Prism CFOs, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Prism CFOs hereunder or $100.00, whichever is greater.

14. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (a) your use of the Services; (b) breach of these Terms; (c) any breach of your representations and warranties set forth in these Terms; or (d) your violation of the rights of a third party, including intellectual property rights.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

15. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption.

16. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services.

17. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

18. Changes to These Terms

We may update these Terms from time to time. The revised Terms will be posted on this page with an updated “Last Updated” date. We encourage you to review these Terms periodically. Your continued use of the Services after any changes constitutes your acceptance of the revised Terms.

If we make material changes to these Terms, we will provide notice through the Services or by other means at least thirty (30) days before the changes take effect.

19. Miscellaneous

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Services.

20. Contact Us

To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: