Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") form a binding agreement between you ("you" or "Client") and Efficient Management Consulting, a California S-Corporation ("EMC", "we", "us", or "our"). By accessing or using emc4la.com and any related subdomains (the "Site"), booking a consultation, or engaging us to perform services (collectively, the "Services"), you represent that you are at least 18 years of age, have the legal authority to enter into these Terms (including, where applicable, on behalf of a business entity), and you agree to be bound by these Terms and our Privacy Policy.

2. Description of Services

EMC is a single-advisor consulting and advisory firm serving commercial real estate operators, developers, and owner-operators primarily in California and Southern California. Our advisory disciplines include commercial real estate strategy, project and development advisory, capital readiness consulting, AI and operational systems design, government and sustainability advisory, and fleet and equipment acquisition advisory.

The Site provides general information about EMC and the means to schedule an introductory strategy call. Use of the Site does not, by itself, create a consulting, advisory, agency, or fiduciary relationship between you and EMC.

3. Scope of Engagement

A consulting engagement with EMC is created only by a separate written engagement letter, statement of work, or master services agreement signed by both parties (an "Engagement Agreement"). The Engagement Agreement will define the specific scope, deliverables, timeline, fees, and additional terms for that engagement and, in the event of a conflict between the Engagement Agreement and these Terms, the Engagement Agreement controls solely with respect to the matters expressly addressed in that Agreement.

Until an Engagement Agreement is signed, communications with EMC. Including emails, calls, demonstrations, and complimentary strategy calls. Are exploratory in nature and do not commit either party to a paid engagement, do not create a duty of care, and do not result in EMC becoming your advisor of record.

4. Important Disclosures

4.1 Consulting only. No brokerage or origination through EMC

EMC provides advisory and consulting services only. EMC does not list, sell, lease, broker, exchange, or otherwise transact real estate, and EMC does not originate, broker, or fund mortgage loans through this entity. Where you wish to pursue a brokered real estate transaction, those services are available separately through EXP Commercial under California Department of Real Estate License #02177904 (and applicable Florida and Texas DRE licenses where indicated). Where you wish to pursue mortgage financing, those services are available separately through Loan Factory under NMLS #2697476. Each of those entities is a separate legal entity with its own engagement terms, agreements, and disclosures.

4.2 Not legal, tax, accounting, or investment advice

Information provided by EMC, including content on the Site and within consulting deliverables, is for general informational and strategic planning purposes. It is not legal advice, not tax advice, not accounting advice, and not investment advice. EMC is not a law firm, certified public accountant, registered investment adviser, or fiduciary financial planner. You should consult licensed professionals in those disciplines before acting on any information you receive from EMC.

4.3 No guarantee of outcomes

Real estate, capital markets, project execution, government contracting, and AI implementation are inherently subject to risks, market conditions, regulatory changes, and other factors outside EMC's control. EMC may share opinions, projections, scenarios, and recommendations based on its professional experience and the information available to it; no result, return, approval, valuation, entitlement outcome, lender decision, or savings is guaranteed, and historical or hypothetical performance is not indicative of future results.

4.4 Licensure

Certain credentials referenced on the Site. Including the California, Florida, and Texas real estate licenses, the NMLS mortgage license, the Mechanical Engineering and PMP credentials, the Certified AI Consultant designation, the auto dealer licensure, and federal contracting registrations. Are held by the principal of EMC personally or by affiliated entities, as applicable. Those credentials enable certain services through the proper licensed entity, as described in Section 4.1, and are not a representation that EMC itself is authorized to perform regulated activities outside the scope of consulting.

5. Fees and Payment

Fees, billing arrangements, milestones, and any retainer requirements for paid Services are set forth in the applicable Engagement Agreement. Unless that Agreement states otherwise: (a) invoices are due upon receipt; (b) past-due amounts may accrue interest at the lesser of 1.0% per month or the maximum rate permitted by law; (c) you are responsible for any taxes (other than EMC's income taxes), reasonable third-party out-of-pocket expenses, and reasonable collection costs (including attorneys' fees) actually incurred in enforcing payment; and (d) EMC may suspend or terminate Services for non-payment after providing reasonable notice.

6. Confidentiality

EMC treats non-public information shared by clients as confidential and uses it only for the purpose of providing the Services and complying with EMC's legal and regulatory obligations. The specific confidentiality terms applicable to a paid engagement. Including any mutual NDA, permitted disclosures, and survival period. Will be set forth in the applicable Engagement Agreement. Nothing in these Terms requires either party to keep confidential information that is or becomes publicly available through no breach by the receiving party, was independently developed, was already lawfully known, or is required to be disclosed by law or regulatory authority.

7. Intellectual Property

The Site, including its text, graphics, layout, logos, brand marks (including "EMC" and "Sole Source Your Advisor"), the Convergence visual motif, and EMC's frameworks, methodologies, templates, and proprietary tools, is the property of EMC or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. Except for the limited license below, no rights are granted to you by implication, estoppel, or otherwise.

EMC grants you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for your personal or internal business evaluation purposes. You may not copy, reproduce, republish, modify, frame, scrape, harvest, mirror, sell, license, or otherwise exploit any part of the Site except as expressly permitted by these Terms or with EMC's prior written consent. Deliverables prepared under an Engagement Agreement are licensed to you on the terms set forth in that Agreement.

8. User Conduct

You agree not to:

• Use the Site or Services in violation of any applicable law, regulation, or third-party right;
• Submit false, misleading, or unlawful information when scheduling a call or communicating with us;
• Attempt to gain unauthorized access to the Site, our systems, or any data not intended for you;
• Probe, scan, or test the vulnerability of the Site or otherwise interfere with its security features;
• Introduce malware, viruses, or other malicious code; or use bots, scrapers, or automated tools to harvest content;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Use the Site or Services in connection with any high-risk activity where failure could lead to death, personal injury, or severe property or environmental damage.

9. Third-Party Content and Services

The Site may link to, embed, or integrate with third-party websites, products, and services. Including, without limitation, the GoHighLevel scheduling and CRM platform, Google Calendar, Hostinger hosting and email infrastructure, our domain registrar, and the affiliated entities described in Section 4.1. Those third parties are independent of EMC, and EMC does not control and is not responsible for the availability, accuracy, content, terms, or privacy practices of those third parties. Your use of any third-party service is governed by that third party's own terms and privacy policy.

10. Disclaimer of Warranties

The Site and the Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, EMC disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, uninterrupted availability, and freedom from viruses or other harmful components.

EMC does not warrant that the Site will be error-free, secure, available at all times, or that any information presented is current or free of typographical errors. Any reliance you place on Site content is at your own risk.

11. Limitation of Liability

To the maximum extent permitted by law, in no event shall EMC, its principal, employees, contractors, affiliates, or licensors be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, data, opportunity, anticipated savings, or use, arising out of or in connection with the Site, the Services, these Terms, or any Engagement Agreement, whether based in contract, tort (including negligence), strict liability, statute, or any other legal theory, even if EMC has been advised of the possibility of such damages.

EMC's aggregate liability for all claims arising out of or relating to the Site or the Services, in the aggregate, shall not exceed the greater of (i) the total fees actually paid by you to EMC under the applicable Engagement Agreement during the six (6) months immediately preceding the event giving rise to the claim, or (ii) one hundred U.S. dollars (US $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of the foregoing may not apply to you. Nothing in these Terms limits liability for fraud, gross negligence, or willful misconduct, or for any other liability that cannot be limited or excluded under applicable law.

12. Indemnification

You agree to defend, indemnify, and hold harmless EMC, its principal, employees, contractors, affiliates, and licensors from and against any and all third-party claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms or any Engagement Agreement; (b) your use or misuse of the Site or Services; (c) any false, misleading, or unlawful information you provide; (d) your violation of any law or third-party right; or (e) decisions you make based on information provided by EMC, except to the extent such decisions reflect EMC's gross negligence or willful misconduct in providing the underlying advice.

13. Termination

EMC may suspend or terminate your access to the Site at any time, with or without cause or notice, including for actual or suspected violation of these Terms. The provisions of these Terms that by their nature should survive termination. Including disclaimers, limitations of liability, indemnification, intellectual property, governing law, arbitration, and general provisions. Shall survive any termination of your access to the Site or the conclusion of any Services.

14. Governing Law and Venue

These Terms and any dispute arising out of or relating to them, the Site, or the Services are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to Section 15 below, the exclusive venue for any judicial proceeding shall be the state and federal courts located in Los Angeles County, California, and you and EMC each consent to the personal jurisdiction of those courts.

15. Arbitration and Class-Action Waiver

Please read this section carefully. Except for (a) actions seeking injunctive or other equitable relief to protect intellectual property or confidential information, and (b) small-claims actions properly brought in a court of competent jurisdiction, any dispute, claim, or controversy arising out of or relating to the Site, the Services, or these Terms shall be resolved by final and binding arbitration administered by JAMS in Los Angeles County, California, under the JAMS Streamlined Arbitration Rules and Procedures then in effect. The arbitrator's decision shall be final and may be entered as a judgment in any court of competent jurisdiction.

You and EMC each waive any right to a jury trial and any right to participate in a class action, collective action, or representative proceeding. Disputes shall be resolved on an individual basis only.

If any part of this Section 15 is found unenforceable, the remainder shall continue to apply, except that if the class-action waiver is found unenforceable as to a particular claim, that claim shall be severed and resolved in court while all other claims proceed in arbitration.

16. General Provisions

Entire agreement. These Terms, together with our Privacy Policy and any applicable Engagement Agreement, constitute the entire agreement between you and EMC concerning the Site and the Services and supersede all prior or contemporaneous understandings on those subjects.

Modifications. EMC may update these Terms from time to time. Updates will be reflected by a revised "Last updated" date at the top of this page. Your continued use of the Site after the effective date of any update constitutes acceptance of the revised Terms.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.

Waiver. No failure or delay by EMC to enforce any provision of these Terms constitutes a waiver of that provision or of any other provision.

Assignment. You may not assign or transfer these Terms or any rights hereunder without EMC's prior written consent. EMC may assign these Terms in connection with a merger, acquisition, financing, or sale of substantially all of its assets.

Force majeure. Neither party will be liable for any failure or delay in performance to the extent caused by events outside its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, public health emergencies, internet or utility failures, and similar events.

Notices. Notices to EMC must be sent in writing to the contact address below. EMC may send notices to you by email at the address you most recently provided, or by posting on the Site.

Headings. Section headings are for convenience only and do not affect interpretation.

17. Contact Us

If you have questions about these Terms, please contact us at: