Terms of Service
Last updated: April 2, 2026
These Terms contain a binding arbitration agreement, an individual-action requirement, a class- action waiver, a jury-trial waiver, and special procedures for coordinated or mass arbitration filings. These provisions affect how disputes may be resolved.
These Terms of Service (“Terms”) govern your access to and use of FractionalCMO.com and related public websites, forms, diagnostics, digital resources, memberships, advisory services, portals, and other offerings provided by Fractional CMO (collectively, the “Services”). By using the Services, submitting a form, creating an account, purchasing a product or service, or checking a box indicating acceptance, you agree to these Terms and any applicable order form, checkout terms, or separate written service agreement.
If you enter into a separate signed agreement with Fractional CMO and that agreement conflicts with these Terms, the separate signed agreement controls for the specific service covered by it.
Eligibility and Accurate Information
You must be at least 18 years old and legally capable of entering into a binding agreement. Information you provide to us must be accurate, current, and complete. We may suspend or restrict access if information is materially inaccurate or if use of the Services violates these Terms or applicable law.
Permitted Use of the Website and Services
You may use the public areas of the website and materials made available to you for lawful business and informational purposes. Unless we expressly authorize it in writing, you may not resell, sublicense, reproduce for commercial distribution, scrape at scale, reverse engineer, frame, mirror, or use our content, systems, templates, diagnostics, or proprietary frameworks to create a competing product or service.
Advisory Nature of the Services
Fractional CMO provides marketing strategy, advisory support, education, diagnostics, accountability, analytics visibility, and related business services. We are not your law firm, accounting firm, investment adviser, tax adviser, or fiduciary. You remain responsible for business decisions, implementation, staffing, budgets, regulatory compliance, and the actions of your employees, contractors, agencies, and vendors.
Separate Agreements, Order Forms, and Checkout Terms
Some Services require an order form, checkout confirmation, statement of work, membership agreement, or other separate terms. Those documents may specify scope, pricing, payment schedule, term, renewal, cancellation, implementation responsibilities, or additional limitations. They are incorporated into these Terms for the applicable purchase.
Advisory Engagement Term and Payment Structure
Where the applicable offer or order form states a 12-month commitment, that stated engagement term applies even if the client elects monthly billing. Monthly billing is a payment schedule and does not, by itself, convert a stated 12-month engagement into a month-to-month engagement. Any early- termination rights, credits, or exceptions are governed by the applicable signed agreement or checkout terms. Annual prepayment options, if offered, are subject to the same underlying service term unless the applicable agreement expressly states otherwise.
Refunds and Cancellations
Refund rights vary by product or service and are governed by the written promise presented at checkout, the applicable order form, or a separate signed agreement. If a diagnostic or other product is sold with an express satisfaction or money-back promise, that promise is part of the purchase terms and will be honored according to the conditions displayed when you purchase. Advisory membership fees, cancellation rights, and any early-termination consequences are governed by the applicable service agreement or order form. Nothing in these Terms limits any non-waivable refund or cancellation rights provided by applicable law.
Earnings, Results, and Performance Disclaimer
Fractional CMO does not guarantee revenue, profit, savings, return on investment, lead volume, conversion rates, growth, or any other business result. Testimonials, case studies, examples, illustrations, projections, diagnostic findings, and references to past client outcomes describe individual experiences or scenarios and are not promises of what you will achieve. Results vary based on many factors outside our control, including your starting position, offer, market, pricing, margins, budget, team, sales process, implementation quality, speed of execution, economic conditions, and third-party platforms.
Results Are Not Typical Or Guaranteed
You should not rely on any testimonial, revenue figure, savings estimate, projection, or case study as a representation that you will achieve the same or similar outcome.
Client Implementation and Connected Systems
The Services may include strategic recommendations, task tracking, performance dashboards, or guidance for connecting marketing platforms and data sources. Unless a separate agreement says otherwise, you or your authorized team are responsible for authenticating and connecting your own systems, maintaining credentials, implementing recommendations, and deciding what changes to make. We are not responsible for failures, outages, policy changes, data errors, or actions of third-party platforms.
Accounts, Portal Access, and Security
If you receive access to a member portal, dashboard, resource library, or other restricted area, you are responsible for maintaining the confidentiality of your login credentials and for activity under your account. Do not share access outside your authorized organization unless we permit it. Notify us promptly if you believe your account or connected systems have been compromised.
Intellectual Property
The website, Fractional CMO name and branding, diagnostics, frameworks, templates, playbooks, training materials, recordings, reports, dashboards, text, graphics, and other content are owned by Fractional CMO or its licensors and are protected by intellectual-property laws. Your purchase grants only the limited right to use materials for your own internal business purposes unless a separate written agreement expressly grants broader rights.
Client Materials and Feedback
You retain ownership of materials and data you lawfully provide to us. You grant us a limited license to access, process, display, and use those materials as reasonably necessary to provide the Services, support your account, and comply with law. If you provide suggestions or feedback about the Services, you authorize us to use that feedback without restriction or compensation, provided we do not disclose your confidential information in doing so.
Third-Party Services and Links
The Services may integrate with or link to third-party platforms, websites, advertising systems, analytics tools, payment processors, or other services. Those third parties operate under their own terms and privacy practices. We do not control and are not responsible for third-party availability, security, accuracy, pricing, policy changes, or conduct.
Disclaimer of Warranties
Except as expressly stated in a separate signed agreement, the website, content, products, and Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Fractional CMO disclaims warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, error-free operation, and any warranty arising from course of dealing or usage of trade. Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.
Limitation of Liability
To the fullest extent permitted by law, Fractional CMO and its owners, officers, employees, contractors, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages; loss of profits, revenue, data, goodwill, or business opportunity; or losses caused by third-party systems, platform changes, outages, or implementation decisions, arising out of or relating to the Services, even if advised that such damages were possible. Any liability that cannot lawfully be excluded remains subject to any enforceable limitation contained in the applicable signed agreement.
Informal Dispute Resolution Before Arbitration
Before either party starts arbitration, the complaining party must send a written notice describing the dispute, the facts supporting it, and the requested relief. The parties will then attempt in good faith to resolve the dispute informally for at least 60 days. This requirement does not prevent either party from seeking temporary or emergency relief where legally permitted to protect intellectual property, confidential information, or prevent imminent harm.
Binding Arbitration
Except for claims that applicable law permits to be brought in small claims court and actions seeking temporary or emergency relief to protect intellectual property or confidential information, any dispute, controversy, or claim arising out of or relating to these Terms, the website, a purchase, or the Services will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under the applicable AAA rules. Unless the parties agree otherwise, arbitration will take place in Austin, Texas, or remotely if permitted by the arbitrator and applicable rules. Texas law applies without regard to conflict-of-laws principles, except where federal law controls arbitration.
Individual Proceedings and Class-Action Waiver
Arbitration and any permitted court proceeding must be conducted only on an individual basis. To the fullest extent permitted by law, you and Fractional CMO waive the right to bring, join, participate in, or recover relief through a class, collective, consolidated, coordinated, representative, or private-attorney- general action. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that individual party’s claim.
Coordinated and Mass Arbitration Procedures
If 25 or more substantially similar arbitration demands are submitted within a 180-day period and are represented or assisted by the same law firm, coordinated law firms, or organizations, the demands will be treated as a coordinated mass filing for administrative efficiency. After completion of the informal-dispute process:
- An initial group of 20 individual cases will proceed first, with 10 selected by the claimants and 10 selected by Fractional CMO, unless the parties agree to a different number.
- All remaining substantially similar demands will be held in abeyance and applicable limitation periods will be tolled while the initial cases proceed, to the extent permitted by law.
If a court determines that a particular part of this mass-arbitration procedure is unenforceable as to a specific claimant, the remaining arbitration and individual-action provisions remain effective to the maximum extent permitted by law.
- After the initial cases are resolved, the parties will participate in a good-faith mediation addressing the remaining claims before additional cases proceed.
- If claims remain unresolved, additional individual cases may proceed in staged groups of 20 under the same selection process unless AAA, the arbitrator, or a court requires a different lawful procedure.
- Each claim remains an individual arbitration. Nothing in this section authorizes class or collective arbitration.
Jury-Trial Waiver
To the fullest extent permitted by law, for any dispute that is not required to be arbitrated, you and Fractional CMO knowingly and voluntarily waive any right to a trial by jury. Any such court proceeding will be tried to a judge.
Governing Law and Venue
These Terms are governed by the laws of the State of Texas, excluding conflict-of-laws rules, and by applicable federal law. For disputes that are not subject to arbitration, the parties consent to exclusive venue in the state or federal courts located in Texas, subject to any non-waivable venue rights under applicable law.
Changes to the Services or Terms
We may update the Services and these Terms from time to time. The “Last Updated” date identifies the current version. If a change materially affects an existing paid engagement, any notice or consent rights in the applicable signed agreement or applicable law will control. Continued use of the public website after updated Terms are posted constitutes acceptance of the revised website-use terms to the extent permitted by law.
Privacy
Our Privacy Policy and Cookie Policy describe how we collect, use, disclose, and protect personal information and how website tracking technologies are handled. Those policies are incorporated by reference to the extent applicable to your use of the Services.
Severability; No Waiver; Entire Agreement
If any provision of these Terms is found unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver. These Terms, together with any applicable checkout terms, order form, and signed service agreement, constitute the agreement governing the applicable Services.
Contact Questions about these Terms may be sent to:
- Fractional CMO
- support@fractionalcmo.com
- 3419 Westminster Ave, Suite 367-G, Dallas, TX 75205
Acknowledgment
By using the Services or completing a purchase with a checkbox or other affirmative acceptance mechanism, you acknowledge that you have read, understood, and agree to these Terms, including the arbitration, class-action waiver, mass-arbitration procedure, and jury-trial waiver.