These Terms of Service govern your access to and use of the website, content, consultation process, and services offered by The Financial Anchor, LLC. By using this website, submitting a contact form, scheduling a consultation, reviewing our content, or engaging our services, you agree to these Terms and our Privacy Policy.
1. Company Role and Website Purpose
The Financial Anchor provides Controller oversight, financial organization, management reporting support, reconciliation review, close management support, risk visibility, and executive financial insight for real estate capital firms. Our website is for general business information only. It does not create a client relationship unless and until both parties sign a written agreement.
2. TFA Is Not a CPA Firm
The Financial Anchor is not a CPA firm, public accounting firm, law firm, registered investment adviser, broker-dealer, loan servicer, tax preparation firm, or audit firm. TFA does not provide: audit opinions, attestation services, tax opinions, tax return preparation, legal advice, investment advice, securities advice, loan servicing, payment processing, investor portal management, fund administration services, or regulatory filings as an authorized signer.
3. Services Are Governed by a Separate Agreement
Any paid services will be governed by a separately signed Master Services Agreement, Statement of Work, Engagement Letter, or similar written agreement. If these website Terms conflict with a signed client agreement, the signed client agreement controls. TFA may decline, pause, or terminate services if the requested work falls outside our role or requires a licensed professional we are not authorized to replace.
4. No Guarantee of Outcome
TFA does not guarantee: fund performance, investment returns, loan repayment or collection, audit or tax outcomes, regulatory approval, capital-raising success, investor funding, business growth, or financial accuracy beyond the scope of a signed agreement. Business decisions remain the responsibility of the client.
11. Intellectual Property
All website content, service frameworks, templates, checklists, dashboards, models, processes, language, workpapers, methodologies, training material, and proprietary tools created by TFA are owned by The Financial Anchor, LLC unless otherwise stated in a signed agreement.
Clients may use final deliverables prepared specifically for them for internal business purposes only.
Clients may not copy, resell, distribute, publish, reverse engineer, reproduce, or commercialize TFA’s templates, models, systems, workflows, or materials without written permission.
12. Prohibited Use
You agree not to use this website or TFA materials to:
- Violate any law
- Misrepresent your identity
- Copy or steal proprietary content
- Reverse engineer TFA’s service model
- Upload malicious code
- Interfere with website operation
- Use content for unlawful financial, tax, lending, securities, or investment activity
- Represent TFA content as your own
- Use TFA materials to compete with TFA
TFA reserves the right to deny service to anyone who misuses our content, website, or service materials.
13. Limitation of Liability
To the fullest extent allowed by law, TFA is not liable for indirect, incidental, special, consequential, punitive, or exemplary damages.
This includes, but is not limited to:
- Lost profits
- Lost revenue
- Lost investment returns
- Lost capital raise opportunities
- Loss of data
- Loss of goodwill
- Missed funding opportunities
- Investor disputes
- Audit findings
- Tax penalties
- Legal claims
- Loan defaults
- Borrower nonpayment
- Regulatory outcomes
- Business interruption
For paid services, TFA’s total liability is limited to the amount paid by the client to TFA during the three months immediately before the event giving rise to the claim, unless a signed agreement states a lower amount.
14. Client Indemnification
You agree to defend, indemnify, and hold harmless TFA, its owners, contractors, representatives, and affiliates from claims, damages, losses, penalties, costs, and expenses arising from:
- Your inaccurate or incomplete information
- Your failure to provide timely information
- Your tax, legal, regulatory, lending, securities, or compliance obligations
- Your business decisions
- Your investor communications
- Your loan, borrower, or capital transactions
- Your use of third-party systems
- Your misuse of TFA materials
- Your violation of these Terms
- Work performed by your CPA, auditor, attorney, fund administrator, loan servicer, or other third party
15. Real Estate Capital and Investor Reporting Disclaimer
TFA may assist with organizing, reviewing, or monitoring information related to real estate funds, lending platforms, investor reporting, capital accounts, NAV support, liquidity, draw activity, and financial reporting readiness.
However, TFA does not certify securities offerings, investor suitability, accredited investor status, tax allocations, audit results, legal compliance, loan compliance, or investment performance.
Clients are responsible for final approval and release of investor reports, board packages, capital call notices, financial packages, tax packages, and any external communications.
16. No Fiduciary Relationship
Use of the website or engagement of TFA does not create a fiduciary relationship, investment advisory relationship, attorney-client relationship, CPA-client relationship, auditor-client relationship, or loan servicing relationship.
TFA provides business support and Controller oversight services only within the written scope of engagement.
17. Website Availability and No Warranty
The website is provided “as is” and “as available.”
TFA makes no guarantee that the website will be uninterrupted, secure, accurate, complete, error-free, or available at all times.
We may update, remove, or change website content at any time.
18. Termination of Website Access or Services
TFA may restrict website access, decline inquiries, refuse service, or terminate services if we believe a user or client:
- Violates these Terms
- Fails to pay
- Provides false information
- Requests services outside TFA’s role
- Acts abusively or unprofessionally
- Creates legal, ethical, operational, or reputational risk
- Attempts to misuse TFA’s materials or methods
Termination rights for paid services may also be stated in the signed client agreement.
19. Dispute Resolution
These Terms are governed by the laws of the State of Texas.
Any dispute arising from or relating to this website, these Terms, or services provided by TFA shall be resolved through binding arbitration administered by the American Arbitration Association or another mutually agreed arbitration provider.
Unless otherwise required by law, arbitration shall occur remotely when practical. If an in-person proceeding is required, venue shall be in Harris County, Texas.
The parties waive the right to a jury trial to the fullest extent allowed by law.
The prevailing party may recover reasonable attorneys’ fees and costs where allowed by law or agreement.
20. Changes to These Terms
TFA may update these Terms at any time.
Changes are effective when posted on the website. Continued use of the website after changes are posted means you accept the updated Terms.
21. Contact Information
The Financial Anchor, LLC
Email: info@thefinancialanchor.com
Phone: 281-972-4712
Website: www.thefinancialanchor.com
Mailing Address: P.O. Box 53651, Houston, TX 77052