Legal
Website Terms of Use
Draft for legal review — not yet effective
These Website Terms of Use are pending review and approval by qualified New York legal counsel. They are not yet effective or approved for publication as final terms.
Effective date: Pending legal approval and publication
1. Acceptance of Terms
Welcome to Smith Helping Hand (“SHH,” “we,” “us,” or “our”). These Terms of Use govern your access to and use of shhadvisory.com, including its publicly accessible pages, articles, educational materials, downloadable resources, assessments, and consultation-request features (collectively, the “Website”). By accessing or using the Website, you agree to these Terms. If you do not agree, please discontinue use.
These Terms govern Website use. Any separately executed client services agreement, statement of work, or other written engagement agreement governs the professional services covered by that agreement. If an applicable signed agreement conflicts with these Terms regarding those services, the signed agreement controls.
2. Informational Purposes Only
Information published on the Website is provided for general educational and informational purposes. Website content does not constitute individualized accounting, financial, legal, tax, investment, lending, or other regulated professional advice. Business circumstances vary. You should not make financial, operational, tax, investment, or legal decisions solely in reliance on Website content. SHH does not represent that general Website information is appropriate for every business or situation.
3. No Professional or Client Relationship
Accessing the Website, downloading resources, completing an assessment, submitting an inquiry, or participating in an introductory consultation does not, by itself, establish a professional advisory relationship. A client relationship begins only when SHH and the prospective client execute an applicable written engagement agreement and satisfy any commencement conditions stated in that agreement. SHH has no obligation to accept an engagement or provide services merely because a visitor submits an inquiry.
4. Scope of SHH Services
SHH provides financial and business advisory services that may include fractional financial leadership, financial operations, bookkeeping support, financial analysis, forecasting, business planning, and finance transformation. The precise scope, responsibilities, deliverables, fees, exclusions, and timelines of any engagement are determined by the applicable written agreement.
Unless expressly included in a separate written agreement and performed by appropriately qualified professionals, SHH does not provide legal representation, tax return preparation, investment advisory services, audits, reviews, attestations, or other assurance services. SHH does not represent that its advisory deliverables constitute audited or independently verified financial statements.
5. No Guarantee of Business Outcomes
SHH does not guarantee any particular financial, operational, commercial, or funding outcome. Examples, case studies, forecasts, projections, testimonials, and illustrations are provided for informational purposes and do not guarantee that another business will achieve similar results. Actual outcomes depend on numerous factors, including market conditions, business decisions, available resources, implementation, and the accuracy and completeness of information provided. SHH does not guarantee approval for loans, grants, financing, investment, or other funding opportunities.
6. Financial Models, Forecasts, and Assessments
Website assessments, calculators, financial models, projections, and similar materials may use simplified assumptions or information supplied by users. Their results are estimates, not guarantees or independently verified financial conclusions. Users are responsible for evaluating assumptions, reviewing outputs, and obtaining appropriate professional guidance before making decisions. SHH makes no representation that a general-purpose Website tool will identify every financial risk, compliance issue, accounting error, or business opportunity.
7. User Responsibilities
You agree to provide accurate information when communicating with SHH and to use the Website lawfully. You must not submit information you are not authorized to disclose; attempt unauthorized access to Website systems or restricted areas; interfere with Website functionality or security; introduce malicious code; misrepresent your identity or authority; or copy, distribute, or commercially exploit protected Website materials without permission.
You remain responsible for your own business decisions and for obtaining advice appropriate to your circumstances.
8. Confidential and Sensitive Information
Do not submit passwords, Social Security numbers, banking credentials, complete payment-card information, medical records, or other highly sensitive information through general Website contact forms. Submitting information through a public inquiry form does not automatically create a confidential professional relationship.
Where SHH has established a client relationship, the handling of client information is governed by the applicable engagement agreement, privacy disclosures, and relevant law.
9. Client Portal and Account Security
Authorized users of any SHH client portal or restricted workspace must use their own credentials and maintain their confidentiality. Users must not share accounts or attempt to access another organization's information. Users must promptly notify SHH if they suspect unauthorized access to their accounts.
SHH may suspend or restrict access when reasonably necessary to protect users, client information, Website security, or legal compliance, subject to applicable contractual obligations and law. Additional portal-specific terms or signed client agreements may apply.
10. Intellectual Property
The Website and its original content, branding, graphics, designs, educational resources, methodologies, and other protected materials are owned by SHH or used with permission. All applicable intellectual property rights are reserved.
Visitors receive a limited, nonexclusive, nontransferable permission to access the Website and use publicly available resources for their own lawful internal informational purposes. You may not reproduce, resell, redistribute, modify, publish, or commercially exploit protected materials without prior written permission, except as permitted by law or an applicable license.
The Smith Helping Hand name and associated branding may not be used in a manner that implies endorsement or affiliation without authorization.
11. Third-Party Websites and Services
The Website may contain links to third-party websites, booking systems, payment processors, or other services. These third parties operate independently and may have their own terms and privacy policies. SHH does not control or endorse every third-party resource and is not responsible for independent third-party content, practices, or service failures to the extent permitted by applicable law.
12. Website Availability and Accuracy
SHH endeavors to maintain useful and accurate Website information but does not guarantee that all content will be complete, current, error-free, or continuously available. Website content may be updated, corrected, modified, or removed without prior notice. SHH may suspend Website functionality for maintenance, security, or operational reasons.
13. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS GENERAL INFORMATIONAL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SHH DISCLAIMS WARRANTIES REGARDING WEBSITE AVAILABILITY, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE EXTENT SUCH DISCLAIMERS ARE LAWFUL. NOTHING IN THESE TERMS EXCLUDES WARRANTIES OR RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED.
This provision applies to Website use and does not override express commitments in a separately executed client engagement agreement.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHH AND ITS OWNERS, OFFICERS, EMPLOYEES, AND REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR BUSINESS INTERRUPTION.
FOR CLAIMS ARISING SOLELY FROM USE OF THE PUBLIC WEBSITE, SHH'S AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY THE CLAIMANT TO SHH SPECIFICALLY FOR THE WEBSITE FEATURE GIVING RISE TO THE CLAIM DURING THE PRECEDING TWELVE MONTHS OR (B) US $100, TO THE EXTENT THIS LIMITATION IS ENFORCEABLE UNDER APPLICABLE LAW. THIS LIMITATION DOES NOT APPLY WHERE PROHIBITED BY LAW AND DOES NOT EXCLUDE LIABILITY THAT CANNOT LAWFULLY BE LIMITED, INCLUDING LIABILITY FOR FRAUD OR WILLFUL MISCONDUCT WHERE SUCH EXCLUSIONS ARE UNENFORCEABLE.
Liability arising from paid advisory services is governed by the applicable signed engagement agreement and applicable law rather than this public-Website liability cap.
15. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold SHH harmless from third-party claims, losses, and reasonable expenses arising from your unlawful use of the Website, intentional misuse of its systems, infringement of another party's rights, or material violation of these Terms.
This provision does not require you to indemnify SHH for SHH's own negligence, misconduct, or other liability where such indemnification is prohibited by law.
16. Privacy
Your use of the Website is also subject to SHH's Privacy Policy. The Privacy Policy describes applicable practices regarding the collection, use, and handling of personal information. Nothing in these Terms limits rights available to individuals under applicable privacy or data-protection laws.
17. Electronic Communications
By contacting SHH electronically, you consent to receiving responses related to your inquiry through the contact information you provide, subject to applicable law. Submitting an inquiry does not automatically constitute consent to receive unrelated marketing communications. Electronic acceptance of a separate client agreement, where offered, is governed by that agreement and applicable electronic-signature law.
18. Suspension and Termination of Website Access
SHH may restrict or terminate access to the Website when reasonably necessary in response to security threats, unlawful conduct, misuse, or material violations of these Terms. Termination of Website access does not automatically terminate an existing paid client engagement, which remains governed by its separate agreement.
19. Governing Law
These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles, except where mandatory applicable law requires otherwise. Subject to applicable law, disputes arising solely from these Website Terms will be brought in courts of competent jurisdiction located in New York.
Any dispute-resolution provisions contained in a separately executed client agreement govern disputes arising from that engagement.
20. Severability
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the extent permitted by law.
21. No Waiver
SHH's failure to enforce a provision of these Terms does not constitute a waiver of its right to enforce that provision later.
22. Changes to These Terms
SHH may revise these Terms periodically. The effective date displayed at the top of this page will identify the current version. Material changes will be communicated when required by applicable law. Continued use of the Website after revised Terms become effective constitutes acceptance to the extent permitted by law. Changes to these Website Terms do not automatically amend separately executed client agreements.
23. Contact Information
Questions regarding these Terms may be directed to:
Smith Helping Hand · Website: https://shhadvisory.com · Email: smithhelpinghand.advisory@gmail.com · Phone: (646) 807-8942 · New York, United States.
Smith Helping Hand provides financial and business advisory services. Services do not constitute legal, tax, investment, audit, review, compilation, or assurance services unless separately agreed and appropriately qualified. No specific financial outcome is guaranteed.
