These Terms and Conditions ("Terms") govern access to and use of the website at boldenadvisors.com (the "Site") and the consulting, advisory, and coaching services (the "Services") provided by Bolden Advisors LLC ("Bolden Advisors," "we," "us," or "our"). By accessing the Site or engaging Bolden Advisors for Services, you ("you," "Client," or "your") agree to be bound by these Terms. If you do not agree, do not use the Site or engage our Services. Where a separate signed engagement letter, statement of work, or services agreement (an "Engagement Agreement") governs a specific engagement, that Engagement Agreement controls to the extent it conflicts with these Terms.
1. About Our Services
Bolden Advisors is a consultancy comprised of experienced operators and exited founders who provide business advisory, strategic, and coaching services to early-stage and growth-stage companies, which may include:
- Founder coaching and leadership development
- Early-stage business building and product strategy
- Fundraising strategy and capital-raise advisory
- Monetization and pricing strategy
- Mergers and acquisitions advisory support
Bolden Advisors does not design, build, license, or sell software products, applications, or platforms. We provide professional advisory and coaching services only. The scope, duration, deliverables, and fees for any engagement will be set out in a proposal, statement of work, or Engagement Agreement agreed between Bolden Advisors and the Client.
2. Not Legal, Financial, Investment, or Tax Advice
Bolden Advisors provides general business, strategic, and coaching advisory services. We are not a law firm, accounting firm, broker-dealer, investment adviser, or placement agent, and nothing we provide constitutes legal, accounting, tax, investment, or securities advice, or a recommendation, solicitation, or offer to buy or sell any security. Bolden Advisors does not guarantee that any company will obtain financing, complete a transaction, or achieve any particular business outcome. Clients are responsible for engaging qualified, licensed professionals (attorneys, accountants, registered broker-dealers, etc.) for advice on legal, tax, accounting, and securities matters and for any related transactions.
3. Eligibility and Client Responsibilities
Our Services are intended for businesses and their authorized representatives, not individual consumers. By engaging us, you represent that you are authorized to act on behalf of the business you represent and that all information you provide to us is accurate and complete. Clients are responsible for making their own business decisions; Bolden Advisors' role is advisory, and final decisions, including decisions regarding financing, hiring, pricing, M&A transactions, or strategy, remain solely the Client's responsibility.
4. Fees and Payment
Fees for Services will be set out in the applicable proposal, statement of work, or Engagement Agreement. Unless otherwise agreed in writing:
- Invoices are due upon receipt or as specified in the Engagement Agreement
- Late payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law
- Bolden Advisors may suspend Services for accounts with overdue balances
- Fees are exclusive of applicable taxes, which are the Client's responsibility unless stated otherwise
Any equity, advisory shares, warrants, or success-fee arrangements, where applicable, will be governed exclusively by the terms of the applicable Engagement Agreement.
5. Intellectual Property
5.1 Bolden Advisors Materials
All frameworks, methodologies, templates, presentations, training materials, and other content that Bolden Advisors creates or uses in delivering the Services ("Bolden Materials") remain the property of Bolden Advisors. Except as expressly agreed in an Engagement Agreement, Clients receive a limited, non-exclusive, non-transferable license to use Bolden Materials solely for their own internal business purposes.
5.2 Client Materials
Clients retain all rights to their own business information, data, products, trademarks, and materials provided to Bolden Advisors ("Client Materials"). Bolden Advisors will use Client Materials solely to perform the Services and will not claim ownership of Client Materials or of the Client's underlying business, product, or intellectual property.
5.3 Site Content
All content on the Site, including text, graphics, logos, and design, is owned by or licensed to Bolden Advisors LLC and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or create derivative works from Site content without our prior written consent.
6. Confidentiality
Each party may receive confidential or proprietary information from the other in connection with an engagement. Each party agrees to use the other's confidential information solely to perform or receive the Services and to protect it with the same degree of care it uses for its own confidential information, but no less than reasonable care, except where disclosure is required by law or regulation. This obligation survives termination of any engagement and these Terms, and may be supplemented by a separate non-disclosure agreement where applicable.
7. No Guarantee of Results
Business consulting, coaching, and advisory services inherently involve judgment, market conditions, and factors outside Bolden Advisors' control. Bolden Advisors will perform Services using commercially reasonable efforts and the degree of skill and care ordinarily exercised by experienced advisors in similar engagements, but does not guarantee any specific business result, including, without limitation, successful fundraising, revenue growth, valuation, or completion of any transaction.
8. Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, BOLDEN ADVISORS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BOLDEN ADVISORS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BOLDEN ADVISORS AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES, OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF BOLDEN ADVISORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOLDEN ADVISORS' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ANY ENGAGEMENT WILL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO BOLDEN ADVISORS FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
10. Indemnification
You agree to indemnify, defend, and hold harmless Bolden Advisors and its members, officers, employees, contractors, and agents from and against any third-party claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site or the Services; (b) your breach of these Terms or an Engagement Agreement; (c) any business decision made or action taken by you or your business, whether or not based on advice provided by Bolden Advisors; or (d) your violation of any applicable law or third-party right.
11. Term, Suspension, and Termination
These Terms remain in effect while you use the Site and for the duration of any engagement. Either party may terminate an Engagement Agreement in accordance with its terms, or, if no termination provision is specified, upon thirty (30) days' written notice. Bolden Advisors may suspend or terminate access to the Site or Services immediately if you breach these Terms, fail to pay fees when due, or engage in conduct that we reasonably believe is harmful to Bolden Advisors or others. Sections relating to fees owed, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing law survive termination.
12. Independent Contractor Relationship
Bolden Advisors provides Services as an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship between Bolden Advisors and any Client.
13. Acceptable Use of the Site
You agree not to: (a) use the Site for any unlawful purpose; (b) attempt to gain unauthorized access to the Site or related systems; (c) interfere with the proper functioning of the Site; or (d) scrape, copy, or republish Site content without authorization.
14. Third-Party Links
The Site may link to third-party websites or resources. Bolden Advisors is not responsible for the content, accuracy, or practices of any third-party site and does not endorse them.
15. Governing Law and Dispute Resolution
These Terms and any dispute arising out of or relating to the Site, the Services, or these Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. Subject to any dispute resolution provisions in an applicable Engagement Agreement, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York, for any dispute not otherwise resolved through good-faith negotiation.
16. International Clients
Bolden Advisors works with founders and companies globally. By engaging our Services from outside the United States, you agree that these Terms and the governing law and venue provisions above apply, and you are responsible for ensuring that your engagement of Bolden Advisors complies with the laws applicable to you in your own jurisdiction.
17. Force Majeure
Neither party will be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet or utility failures, or governmental action.
18. General Provisions
- Entire Agreement: These Terms, together with any applicable Engagement Agreement, constitute the entire agreement between you and Bolden Advisors regarding the subject matter herein and supersede prior agreements on that subject.
- Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
- No Waiver: Failure to enforce any provision is not a waiver of our right to enforce it later.
- Assignment: You may not assign these Terms without our prior written consent; Bolden Advisors may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Notices: Notices to Bolden Advisors should be sent to the email or address listed below.
- Amendments: We may update these Terms from time to time; material changes will be posted on the Site with a revised effective date, and continued use of the Site or Services constitutes acceptance of the updated Terms.
19. Contact Us
Questions about these Terms should be directed to: Bolden Advisors LLC, New York, New York. Email: contact@boldenadvisors.com
