TERMS OF USE

These Terms of Use ("Terms") govern access to and use of the website located at fortuityco.com and the prospect intake channels that precede formal engagement (collectively, the "Services"), each operated by Fortuity Inc., a Delaware corporation with offices at 4312 Woodman Avenue, Suite 301, Sherman Oaks, California 91423 ("Fortuity," "we," "us," or "our"). By accessing or using the Services, you agree to these Terms. If you do not agree, do not access or use the Services.

Acceptance of Terms

Your access to and use of the Services is conditioned on acceptance of and compliance with these Terms. These Terms apply to every visitor, user, and other party who accesses or uses the Services. By accessing or using the Services, you represent that you have read, understood, and agree to be bound by these Terms and by the Privacy Policy, which is incorporated by reference.

Eligibility and Authority

The Services are intended for use by persons who are at least eighteen years of age and who are capable of forming a binding contract. If you access the Services on behalf of an entity, you represent that you are authorized to bind that entity to these Terms, in which case "you" refers to that entity. The Services are operated from the United States and are directed to users located in the United States.

Informational Purpose and No Professional Advice

The content presented through the Services is provided for general informational purposes only. It does not constitute legal, tax, accounting, financial, investment, or other professional advice, and it is not a substitute for advice from a qualified professional who has evaluated your specific circumstances. Nothing on the Services should be acted upon without obtaining advice tailored to your situation. Fortuity makes no representation that the content is current, complete, or applicable to any particular set of facts. Tax laws, regulations, and administrative guidance change frequently and apply differently depending on the facts of each matter.

No Engagement and Formation of the Client Relationship

Accessing the Services, submitting an inquiry through the website, or otherwise communicating with Fortuity before engagement does not create a client, advisory, fiduciary, or other professional relationship between you and Fortuity. No such relationship arises until Fortuity and the prospective client have executed a Mutual Non-Disclosure Agreement and, thereafter, a Services Agreement, Statement of Work, or engagement letter defining the scope, terms, and responsibilities of the engagement. Until those instruments are executed, Fortuity undertakes no obligation to you and assumes no duty with respect to any matter described in your communications.

No Confidential or Privileged Relationship Through the Services

Information you transmit through the website or through general inquiry channels before execution of a Mutual Non-Disclosure Agreement is not treated as confidential or privileged. Do not send sensitive, proprietary, or privileged information through the website contact form or by unsecured email. The protections described in the Privacy Policy, including those arising under the federal tax confidentiality framework and applicable professional standards, attach to information furnished after the relevant instruments are executed, as set out in that Policy.

Intellectual Property

The Services and their contents, including text, copy, graphics, logos, the Fortuity name and marks, page layouts, design elements, and the selection and arrangement of all of the foregoing, are owned by Fortuity or its licensors and are protected by United States and international intellectual property laws. Except as expressly permitted, you may not copy, reproduce, distribute, republish, display, modify, create derivative works from, or otherwise exploit any part of the Services without Fortuity's prior written consent. No license or right is granted to you except the limited right to access and use the Services in accordance with these Terms.

Permitted Use and Restrictions

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any manner that could disable, overburden, damage, or impair the Services; to use any automated means to access the Services or extract data; to attempt to gain unauthorized access to any portion of the Services or any connected system; to introduce malicious code; to scrape, harvest, or collect information about other users; or to use the Services in violation of any applicable law or regulation.

User Submissions and Intake Communications

Any information you submit through the Services, including through intake forms, is subject to the Privacy Policy. By submitting information, you represent that it is accurate and that you have the right to provide it. Fortuity may retain, use, and act on intake communications as described in the Privacy Policy. Fortuity is under no obligation to respond to, evaluate, or accept any inquiry, and may decline any prospective engagement in its sole discretion, including as a result of a conflict check.

Third-Party Links and Services

The Services may contain links to third-party websites or resources provided for convenience only. Fortuity does not control, endorse, or assume responsibility for the content, privacy practices, or accuracy of any third-party site or resource. Your use of any third-party site is at your own risk and subject to that site's terms and policies.

Electronic Communications

By providing an email address or mobile telephone number through the Services, you consent to receive communications from Fortuity as described in the Privacy Policy, including its SMS and email provisions. You may opt out of such communications as set out in that Policy.

Forward-Looking and Illustrative Statements

Any projections, illustrations, hypotheticals, or forward-looking statements presented through the Services are provided for illustration only, are based on assumptions that may not hold, and are not a guarantee of any outcome. Results depend on facts and circumstances specific to each engagement and on factors outside Fortuity's control, including changes in law, markets, and individual conduct. Past results do not guarantee future outcomes.

Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Fortuity disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Fortuity does not warrant that the Services will be uninterrupted, secure, error-free, or free of harmful components, or that any defect will be corrected.

Limitation of Liability

To the fullest extent permitted by law, Fortuity and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or relating to your access to or use of, or inability to access or use, the Services, whether based in contract, tort, statute, or any other legal theory, even if advised of the possibility of such damages. This limitation governs only use of the Services and does not limit, define, or modify any obligation arising under an executed engagement instrument, which is governed exclusively by that instrument.

Indemnification

You agree to indemnify and hold harmless Fortuity and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your violation of these Terms or your misuse of the Services.

Privacy

Your use of the Services is subject to the Privacy Policy, which describes how Fortuity collects, uses, discloses, and protects personal information. By using the Services, you acknowledge the Privacy Policy.

Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without reference to its conflict-of-laws principles. Exclusive jurisdiction and venue for any dispute arising out of or relating to these Terms or the Services lie in the state and federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of those courts, except where your home jurisdiction confers a non-waivable right to litigate locally.

Changes to These Terms

Fortuity may revise these Terms from time to time. Material changes are communicated by a conspicuous notice on fortuityco.com, and the Last Revised date reflects the date of any change. Your continued use of the Services after a revision constitutes acceptance of the revised Terms.

Severability

If any provision of these Terms is held invalid or unenforceable, that provision is severed and the remaining provisions remain in full force and effect.

Entire Agreement and Relationship to Engagement Instruments

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Fortuity regarding the Services. They do not govern, modify, or supersede any Mutual Non-Disclosure Agreement, Services Agreement, Statement of Work, or engagement letter, each of which controls the relationship it establishes.

Assignment

You may not assign or transfer these Terms without Fortuity's prior written consent. Fortuity may assign these Terms in connection with a merger, acquisition, restructuring, or sale of substantially all assets.

Waiver

Fortuity's failure to enforce any provision of these Terms is not a waiver of its right to do so later.

Contact

Questions regarding these Terms may be directed to Fortuity Inc., Attn: Management, 4312 Woodman Avenue, Suite 301, Sherman Oaks, California 91423, by telephone at (844) 634-2711, or by email at admin@fortuityco.com.