Terms of Service

Wave Performance LLC provides business advisory and consulting services for business owners and founders, including but not limited to:

• •Business advisory and consulting
• •Business growth strategy
• •Exit-readiness assessments and diagnostics
• •Business transition planning
• •Educational resources and consultations
• •Related advisory services

Specific services, deliverables, pricing, payment terms, and availability may be described on our website or communicated separately through proposals, agreements, invoices, or other written communications.

We reserve the right to modify, suspend, or discontinue any part of our services at any time, subject to any separate written agreement between you and Wave Performance LLC.

You agree to use our website and services in compliance with applicable laws and regulations.

You may not use our website or services for any unlawful, fraudulent, abusive, or unauthorized purpose.

You agree that information you provide to us will be accurate to the best of your knowledge.

If you opt in to receive SMS/text messages from Wave Performance LLC, you may receive messages related to our business advisory, business growth, exit-readiness, and business transition services.

Depending on the consent you provide, messages may include:

• •Appointment confirmations and reminders
• •Responses to inquiries
• •Requested information
• •Consultation follow-up
• •Customer-support communications
• •Service updates
• •Educational content
• •Event and webinar invitations
• •Offers and promotions
• •Other marketing or promotional communications

Consent to receive marketing SMS messages is not a condition of purchasing any goods or services. Message frequency may vary. Message and data rates may apply.

Opting Out. You can cancel the SMS service at any time. Just text STOP to +1 720-706-5549. After you send the SMS message STOP, we will send you an SMS message confirming that you have been unsubscribed. After this, you will no longer receive SMS messages from the applicable messaging program. If you want to join again, simply sign up as you did the first time, and we will begin sending SMS messages to you again.

Help. If you are experiencing issues with the messaging program, reply with the keyword HELP for more assistance, or contact us directly at Jeff@jeffwinaker.com.

Carriers are not liable for delayed or undelivered messages. If you have questions about your text or data plan, please contact your wireless provider.

For information about how we collect, use, and protect your information, please review our Wave Performance LLC Privacy Policy.

When engaging with Wave Performance LLC, you agree to:

• •Provide accurate and complete information
• •Cooperate reasonably in connection with services you request
• •Be responsible for business decisions you make based on information or recommendations provided
• •Use our services and materials lawfully and ethically
• •Obtain any approvals or permissions for information or materials you provide to us

Business owners remain responsible for their own business, financial, legal, tax, and operational decisions.

Payments for services are due according to the terms provided at the time of purchase or as stated in your proposal, invoice, service agreement, or other written agreement with Wave Performance LLC.

We reserve the right to suspend or discontinue services for nonpayment, subject to any applicable agreement or law.

Any specific cancellation, refund, deposit, or recurring-payment terms applicable to a service will be provided at the time of purchase or in the applicable service agreement.

Wave Performance LLC provides advisory and consulting services intended to help business owners make informed decisions and improve their businesses.

However, we do not guarantee any particular business, financial, valuation, growth, transaction, or exit result.

Testimonials, case studies, transaction values, business results, or other examples represent individual experiences and should not be interpreted as a promise or guarantee that you will achieve the same or similar results.

Business outcomes depend on many factors, including circumstances outside the control of Wave Performance LLC.

Information and guidance provided through our website, assessments, educational materials, consultations, SMS messages, emails, or other communications are intended for business advisory and educational purposes.

Unless expressly agreed otherwise in writing, Wave Performance LLC does not provide legal, tax, accounting, securities, or investment advice.

You should consult appropriately qualified professionals when making decisions requiring specialized professional advice.

Unless otherwise agreed in writing, content and materials owned or developed by Wave Performance LLC — including proprietary frameworks, assessments, educational materials, website content, graphics, methodologies, and other intellectual property — remain the property of Wave Performance LLC or its licensors.

You may not reproduce, distribute, sell, publish, or commercially exploit our proprietary materials without prior written permission.

Ownership or permitted use of materials specifically created for a client may be governed by a separate written service agreement.

We respect confidential information provided to us in connection with our advisory services.

Where appropriate, both parties agree to use reasonable care to protect confidential or proprietary information exchanged during an engagement and not disclose it except as necessary to provide the services, as authorized by the other party, or as required by law.

Specific confidentiality obligations may also be contained in a separate service agreement.

Our website and services may use or link to third-party platforms, software, payment processors, scheduling systems, analytics services, or other providers.

We do not control these third-party services and are not responsible for their availability, content, privacy practices, security, or separate terms.

Your use of third-party services may be subject to the provider's own terms and privacy policies.

To the extent permitted by applicable law, our website and services are provided on an "as is" and "as available" basis.

Wave Performance LLC does not guarantee that our website will always be available, uninterrupted, secure, or error-free.

To the extent permitted by law, Wave Performance LLC and its owners, employees, contractors, and agents will not be liable for indirect, incidental, special, consequential, or punitive damages arising from or related to your use of our website or services.

Any additional limitations applicable to a specific advisory engagement may be provided in the applicable service agreement.

We may suspend or terminate access to our services if you materially violate these Terms, fail to make required payments, misuse our services, or engage in unlawful or abusive conduct.

Termination of a specific paid engagement may also be governed by the applicable proposal, service agreement, or other written agreement.

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

We may update these Terms periodically to reflect changes in our services, business practices, or applicable requirements.

Changes will be posted on this page with an updated Effective Date.

Your continued use of our website or services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

If you have questions about these Terms or our services, please contact:

Privacy Policy: jeffwinaker.com/privacy