Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Montclair Advisory ("Company," "we," "us," or "our"), a professional advisory firm operating at 112 W 18th St, Kansas City, MO 64108-1221. By accessing our website, submitting an inquiry, or engaging our advisory services in any form, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

If you do not agree to these Terms, you must immediately discontinue use of our website and refrain from engaging our services. These Terms apply to all visitors, clients, prospective clients, and any other parties who interact with Montclair Advisory through any medium or channel.

Montclair Advisory reserves the right to modify, amend, or update these Terms at any time and at its sole discretion. Continued use of our website or services following any such modification constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any changes.

Montclair Advisory provides professional business consulting and advisory services to organizations of various sizes and industries. Our service offerings include, but are not limited to:

• Business Advisory: Strategic recommendations, process evaluation, growth opportunity identification, and management decision support.
• Operational Guidance: Improvement of daily business operations, workflow simplification, efficiency recommendations, and organizational structure consulting.
• Planning & Direction: Business goal formation, roadmap development, strategic priority setting, and scaling support services.
• Ongoing Advisory: Regular consultation engagements, change analysis, strategy adjustment, and dedicated executive support programs.

The specific nature, scope, deliverables, timeline, and pricing of services are defined in individual engagement agreements, proposal documents, or service agreements executed between Montclair Advisory and each client. The descriptions provided on this website are for general informational purposes only and do not constitute a binding offer or guarantee of any specific outcome.

Montclair Advisory operates as an independent advisory firm. We do not act as legal counsel, licensed financial advisors, certified public accountants, or licensed attorneys. Clients are advised to consult qualified professionals in those respective disciplines for matters requiring such licensure.

Effective advisory work requires active participation and transparency from the client. By engaging Montclair Advisory, you agree to fulfill the following responsibilities throughout the duration of any engagement:

• Provide accurate, complete, and timely information relevant to the scope of the engagement, including but not limited to financial data, organizational charts, operational metrics, and strategic objectives.
• Designate a qualified point of contact with appropriate decision-making authority to facilitate communication and timely feedback.
• Cooperate with reasonable requests for documentation, interviews, and access to relevant personnel or systems as required to fulfill the advisory scope.
• Review and respond to deliverables, draft recommendations, and communications within agreed-upon timeframes to avoid delays in project progression.
• Notify Montclair Advisory promptly of any material changes to your business circumstances, objectives, or constraints that may affect the engagement.
• Maintain confidentiality with respect to any proprietary methodologies, frameworks, or advisory tools shared by Montclair Advisory during the engagement.

Montclair Advisory's ability to deliver results is directly dependent on the quality and accuracy of information provided by the client. We cannot be held responsible for suboptimal outcomes resulting from incomplete, inaccurate, or withheld information.

All fees for Montclair Advisory services are as specified in the applicable engagement agreement, proposal, or statement of work agreed upon by both parties. Pricing displayed on our website is indicative and represents starting rates only; final pricing is determined based on the specific scope, complexity, and duration of each engagement.

Payment terms are as follows unless otherwise specified in writing:

• Project-based engagements typically require a retainer of fifty percent (50%) of the total project fee prior to commencement, with the remaining balance due upon completion or as specified in milestone schedules.
• Monthly retainer agreements are billed at the start of each billing period and are due within fifteen (15) calendar days of invoice issuance.
• Individual session fees are due prior to or on the date of the session.

Invoices not paid within the due period may be subject to a late fee of 1.5% per month on the outstanding balance, or the maximum rate permitted by applicable law, whichever is less. Montclair Advisory reserves the right to suspend services for accounts with outstanding balances exceeding thirty (30) days past due.

All fees are quoted and payable in U.S. dollars unless otherwise stated in writing. Clients are responsible for all applicable taxes, including sales tax, value-added tax, or similar levies, as required by applicable law.

All intellectual property created by Montclair Advisory prior to or independently of any client engagement — including methodologies, frameworks, templates, tools, processes, and general advisory approaches — remains the exclusive property of Montclair Advisory. These materials are provided to clients under a limited, non-exclusive, non-transferable license for internal business use within the scope of the applicable engagement only.

Client-specific deliverables, including reports, recommendations, strategies, and roadmaps created specifically for a client engagement, are provided for the client's internal use upon full payment of all applicable fees. Such deliverables may not be resold, redistributed, or sublicensed to third parties without prior written consent from Montclair Advisory.

All content on the Montclair Advisory website — including text, design, graphics, logos, and visual elements — is the exclusive property of Montclair Advisory or its licensed suppliers and is protected by applicable copyright, trademark, and intellectual property laws. Unauthorized reproduction, distribution, or commercial use is strictly prohibited.

Clients grant Montclair Advisory a limited license to use client-provided information and materials solely for the purpose of delivering agreed-upon advisory services. We will not use such materials for any other purpose without express written consent.

Montclair Advisory takes confidentiality seriously and maintains strict protocols to protect all non-public information shared by clients during the course of any engagement. We do not disclose client information to third parties except as required to perform services on your behalf, comply with legal obligations, or with your prior written consent.

Both parties acknowledge that during the course of an engagement, each may have access to the other's proprietary, sensitive, or confidential information. Both parties agree to:

• Hold such confidential information in strict confidence and not disclose it to any third party without prior written consent.
• Use confidential information solely for purposes of performing or receiving the advisory services contemplated by the engagement.
• Take reasonable precautions — no less protective than those used to protect their own confidential information — to prevent unauthorized disclosure.

These confidentiality obligations survive the termination of any engagement agreement for a period of three (3) years. Exceptions apply to information that becomes publicly available through lawful means, is independently developed, or must be disclosed under compulsion of law.

For engagements involving particularly sensitive information, Montclair Advisory is willing to execute a formal Non-Disclosure Agreement (NDA) prior to the commencement of services.

Montclair Advisory provides advisory services based on information available at the time of engagement, professional judgment, and industry experience. However, business outcomes are inherently uncertain and depend on a wide range of factors beyond our control. Montclair Advisory does not guarantee any specific business result, revenue outcome, market position, or financial performance as a result of our advisory services.

To the maximum extent permitted by applicable law:

• Montclair Advisory's total liability to any client for any claim arising out of or related to our services shall not exceed the total fees paid by that client in the three (3) months immediately preceding the event giving rise to the claim.
• We shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits, loss of business, or loss of opportunity, even if advised of the possibility of such damages.
• We are not liable for outcomes resulting from a client's failure to implement recommendations, implement them incorrectly, or act contrary to advisory guidance provided.

Our website and publicly available materials are provided on an "as is" basis without warranties of any kind, express or implied. We make no warranty that the information on our website is accurate, complete, or current.

Either party may terminate an engagement by providing written notice to the other party in accordance with the termination provisions specified in the applicable engagement agreement. In the absence of a specific agreement, the following general provisions apply:

• Project-based engagements may be terminated by the client with thirty (30) days' written notice, subject to payment of all fees for work completed and materials delivered up to the termination date.
• Monthly retainer agreements may be cancelled by either party with thirty (30) days' written notice before the end of the current billing period. Fees for the current period are non-refundable.
• Montclair Advisory reserves the right to terminate any engagement immediately for cause, including but not limited to non-payment, material breach of these Terms, client misconduct, or provision of materially false information.

Upon termination, all outstanding fees become immediately due and payable. Client materials provided to Montclair Advisory will be returned or securely disposed of within thirty (30) days of termination.

These Terms and any engagement with Montclair Advisory shall be governed by and construed in accordance with the laws of the State of Missouri, United States, without regard to its conflict of law provisions.

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or any Montclair Advisory engagement, the parties agree to first attempt in good faith to resolve the matter through direct negotiation. If the dispute is not resolved within thirty (30) days of written notice, the parties agree to participate in mediation before pursuing any other remedy.

If mediation is unsuccessful, disputes shall be resolved by binding arbitration in Kansas City, Missouri, under the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on both parties. Nothing in this section prevents either party from seeking emergency injunctive or equitable relief from a court of competent jurisdiction.

Each party waives any right to a jury trial in connection with any dispute arising out of or related to these Terms or any engagement with Montclair Advisory.

By accessing and using the Montclair Advisory website, you agree to use it only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the website in any way that violates applicable federal, state, local, or international law or regulation.
• Attempt to gain unauthorized access to any portion of the website, its servers, or any system or network connected to the website.
• Introduce viruses, trojan horses, worms, or other harmful or technologically destructive material.
• Use automated tools, bots, or scrapers to collect or extract content from the website without express written permission.
• Transmit any unsolicited commercial communications or engage in any conduct that restricts or inhibits anyone's use of the website.
• Attempt to reverse engineer, decompile, or otherwise derive source code from any software or technology used on the website.

Montclair Advisory reserves the right to terminate or restrict access to the website for any user who violates these provisions or engages in conduct that we determine, in our sole discretion, to be harmful, inappropriate, or inconsistent with the values and professional standards of the Company.

Entire Agreement: These Terms, together with any executed engagement agreement or statement of work, constitute the entire agreement between you and Montclair Advisory with respect to the subject matter herein and supersede all prior discussions, representations, or agreements.

Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.

Waiver: Failure by Montclair Advisory to enforce any right or provision of these Terms does not constitute a waiver of that right or provision in any subsequent instance.

Assignment: You may not assign your rights or obligations under these Terms without prior written consent from Montclair Advisory. We may assign our rights to a successor entity in the event of a merger, acquisition, or transfer of substantially all of our assets.

Force Majeure: Neither party shall be liable for delays or failures in performance resulting from causes beyond their reasonable control, including natural disasters, government actions, cyberattacks, or other events of force majeure.

No Partnership: Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship between you and Montclair Advisory. We operate as an independent contractor at all times.