These Terms of Use (“Terms”) govern your access to and use of the website located at exit-engine.com (the “Site”), which is owned and operated by Exit Engine, LLC, a Utah limited liability company (“Company,” “we,” “our,” or “us”). By accessing or using the Site, you (“you” or “User”) agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Site.
These Terms apply to all visitors, users, and others who access or use the Site, including users who browse the Site without purchasing any services. Certain services offered through the Site, including brokerage and pre-brokerage advisory services (collectively, the “Services”), may be governed by additional service-specific terms. In the event of a conflict between these Terms and any service-specific terms, the service-specific terms will control with respect to the applicable service.
We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes to these Terms, we will provide notice by updating the “Last Updated” date at the top of these Terms and, where appropriate, providing additional notice on the Site. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you. If you do not agree to the revised Terms, you must stop using the Site.
The Site and Services are intended for use by individuals who are at least 18 years old. By accessing or using the Site, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are accessing or using the Site on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms and that the entity agrees to be bound by these Terms.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Site, or the entire Site, to users who have registered accounts or purchased Services.
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Site for your personal, non-commercial use only (or for your internal business purposes if you are evaluating our Services for your business). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
You must not modify copies of any materials from the Site, use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company.
The Company name, the terms “Exit Engine,” “Exit Readiness Scorecard,” “Business Value Report,” and “Value Acceleration Plan,” and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
The Site may contain links to third-party websites, resources, or services that are not owned or controlled by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company 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 the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
Certain Services available through the Site may involve the use of or integration with third-party platforms and tools. Your use of such third-party platforms may be subject to additional terms and conditions imposed by those third parties. We encourage you to read the terms and conditions and privacy policies of any third-party platform that you interact with through our Services.
All content on the Site, including articles, guides, tools, calculators, infographics, and other materials, is provided for general informational and educational purposes only and does not constitute legal, tax, financial, investment, or other professional advice. You should consult with qualified professionals before making any business, financial, or legal decisions. For additional disclaimers, see the Disclosures page on our website.
Your use of the Site, including browsing content, submitting a contact form, or completing any questionnaire, does not create an attorney-client, advisory, brokerage, fiduciary, or any other professional relationship between you and the Company. No professional relationship is formed until a separate engagement agreement is executed by both parties.
Certain Services offered through the Site are available for purchase online. All purchases are subject to these Terms, any applicable service-specific terms, and our posted pricing at the time of purchase.
By placing an order through the Site, you represent that the information you provide is accurate and complete and that you are authorized to use the payment method submitted. We reserve the right to refuse or cancel any order for any reason, including but not limited to product or service availability, errors in the description or price, or errors in your order.
Payment is processed through a third-party payment processor. We do not store your full credit card information on our servers. Your use of the payment processor’s services is subject to the payment processor’s terms of service and privacy policy.
Unless otherwise specified in a service-specific agreement, all fees are non-refundable once services have been initiated, except as required by applicable law or as otherwise stated in the applicable service-specific terms.
Certain features of the Site and Services require you to provide information, including personal information and business financial information. By providing information through the Site, you represent and warrant that:
You are responsible for all information that you provide through the Site. We have the right, but not the obligation, to monitor and review information provided through the Site. We reserve the right to remove or refuse to process any information that we determine, in our sole discretion, violates these Terms or any applicable law.
For information about how we collect, use, and protect your personal data, please see our Privacy Policy.
Certain Services available through the Site use artificial intelligence (“AI”) tools to assist in analyzing data and generating reports. By using these Services, you acknowledge and agree that:
For additional information about our use of AI, including how your data is processed and protected, please refer to our AI Technology Disclosure on the Site.
All information we collect through the Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
By using the Site or providing your email address to us, you consent to receive electronic communications from us, including but not limited to order confirmations, service-related notices, and responses to your inquiries. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. This consent does not affect your rights under applicable electronic signature laws.
THE SITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OBTAINED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE TOTAL AMOUNT YOU PAID TO THE COMPANY FOR SERVICES THROUGH THE SITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF YOU ARE A RESIDENT OF A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN FULL.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your use of the Site, or your use of any information obtained from the Site, including but not limited to any use of the Site’s content, services, and products other than as expressly authorized in these Terms.
These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Utah, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms that is not subject to arbitration under Section 20 shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, in each case located in Salt Lake County, and each party irrevocably submits to the exclusive jurisdiction of such courts.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Site or the Services (collectively, “Disputes”), will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. You and the Company agree that the Federal Arbitration Act governs the interpretation and enforcement of this Section 20.
Arbitration Procedures. Arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org. The arbitration shall be conducted by a single arbitrator. The arbitration will be held in Salt Lake County, Utah, unless you and the Company agree to another location or to a virtual proceeding. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If the AAA Rules require the Company to pay fees in excess of those you would have paid in court, the Company will pay such excess fees.
Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve all Disputes and shall have the authority to grant any remedy that would otherwise be available in court, including but not limited to the power to grant motions dispositive of all or part of any claim. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis as a judge in a court of law. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND THE COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company are instead electing that all Disputes shall be resolved by arbitration under these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class Actions. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. Unless both you and the Company agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.
Exception — Small Claims Court. Notwithstanding the foregoing, either party may bring an individual action in the small claims court of competent jurisdiction in Salt Lake County, Utah, or, if applicable, the small claims court in the county where you reside, for claims that are within the jurisdiction of such court.
Severability. If any portion of this Section 20 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
30-Day Right to Opt Out. You have the right to opt out of this arbitration agreement by sending a signed, written notice of your decision to opt out, via U.S. certified mail (return receipt requested) or nationally recognized overnight courier, to Exit Engine, LLC, Attn: Legal Department, 448 E Winchester St. Suite 400, Murray, Utah 84107, postmarked or dispatched within thirty (30) days of your first acceptance of these Terms. Electronic mail, facsimile, or other electronic notices are not sufficient. Your notice must include your full legal name, current mailing address, the date on which you first accepted these Terms, your handwritten signature, and an unambiguous statement that you wish to opt out of this arbitration agreement. If you opt out of this arbitration agreement, all other provisions of these Terms will continue to apply to you. Opting out of this arbitration agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with the Company.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and void. The Company may freely assign or transfer these Terms, or any of its rights or obligations hereunder, without restriction and without notice to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
These Terms, our Privacy Policy, and any applicable service-specific terms constitute the sole and entire agreement between you and the Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
If you have any questions about these Terms, please contact us at:
Exit Engine, LLC
448 E Winchester St. Suite 400
Murray, Utah 84107
Email: info@exit-engine.com
Phone: 801-895-7895
By using the Site, you acknowledge that you have read these Terms of Use, understand them, and agree to be bound by them.