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Terms of Service

Achiever LLC (doing business as "Achiever Capital")
Effective Date: May 20, 2026
Last Updated: May 20, 2026

These Terms of Service ("Terms") govern your access to and use of the website located at achievercapital.com (the "Site"), and any content, functionality, or services made available on or through the Site, including SMS/text messaging (collectively, the "Services") provided by Achiever LLC, a Wyoming limited liability company doing business as "Achiever Capital" ("Achiever Capital," "we," "us," or "our").

By accessing or using the Site or Services, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Site or Services.

1. Who We Are

Achiever Capital is the trade name of Achiever LLC, headquartered at 167 Madison Avenue, New York, NY 10016. Achiever Capital is a growth advisory firm serving private equity sponsors, portfolio companies, and their executives.

The Site provides information about our firm, services, points of view, and team. It is not, and nothing on it should be construed as, an offer to sell or a solicitation of an offer to buy any securities, an investment recommendation, or legal, tax, or accounting advice.

2. Eligibility

You must be at least 18 years of age, have the legal capacity to enter into these Terms, and be acting in a business capacity to use the Site. The Site is directed to business professionals and is not intended for consumers acting in a personal or household capacity, or for minors.

3. Permitted Use of the Site

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your internal business and informational purposes. You agree not to:

  • copy, modify, distribute, sell, lease, or create derivative works of any portion of the Site or its content, except as expressly permitted;
  • reverse engineer, decompile, or attempt to extract the source code of the Site or any underlying software;
  • use the Site or Services in violation of any applicable law, regulation, or third-party right;
  • introduce viruses, malware, or any code intended to disrupt, damage, or gain unauthorized access to the Site or its users;
  • use automated means (bots, scrapers, crawlers) to access the Site, except for publicly available search-engine indexing;
  • attempt to access non-public portions of the Site, our systems, or other users' accounts; or
  • misrepresent your identity, employer, or affiliation when communicating with us through the Site or Services.

We reserve the right to suspend or terminate your access to the Site for any violation of these Terms.

4. Intellectual Property

The Site and all of its content — including text, graphics, logos, trademarks, images, audio and video, downloadable materials, and the selection and arrangement of the foregoing — are the property of Achiever LLC or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

"Achiever Capital," the Achiever Capital wordmark, and any associated logos and taglines are trademarks of Achiever LLC. You may not use them without our prior written permission, except for nominative fair use in factually accurate references to our firm or services.

5. SMS / Text Messaging Terms

These terms apply in addition to our Privacy Policy (which controls how we handle your information) and govern your participation in SMS/text messaging with Achiever Capital. By providing your mobile number to us and consenting to receive text messages, you agree to these SMS Terms.

Program. Achiever Capital uses SMS for one-to-one conversational communications with clients, prospective clients, portfolio company executives, partners, advisors, and other business contacts. Typical messages relate to scheduling, meeting confirmations, follow-ups, and time-sensitive business coordination.

Consent. We send SMS messages only after you have provided your mobile number to us and consented to receive text messages, either through an existing business relationship in which you shared your number for that purpose, or through verbal or written consent given during a call, meeting, or written exchange (including email). We do not collect mobile numbers through any public web form on the Site.

Message frequency. Message frequency varies and depends on your interactions with us.

Message and data rates. Standard message and data rates may apply based on your mobile plan. Achiever Capital does not charge for messages.

Opt out. You may opt out at any time by replying STOP to any message you receive from us. After you reply STOP, you will receive one final confirmation message and will not receive further SMS communications from the same number unless you re-enroll. To re-enroll, reply UNSTOP or START, or contact us at privacy@achievercapital.com.

Help. Reply HELP to any message, or contact us at privacy@achievercapital.com or (617) 420-8010.

No sharing. Achiever Capital will not sell, share, rent, or otherwise disclose your mobile number, SMS opt-in data, or SMS consent information to any third parties or affiliates for marketing or promotional purposes. We use only those service providers strictly necessary to deliver the SMS service (for example, our telecommunications platform, DialPad, and the underlying carriers), and only to deliver those messages.

Carriers. Wireless carriers are not liable for delayed or undelivered messages. Supported carriers may change. Service is provided on a best-effort basis.

Compliance. We operate our SMS program in a manner intended to comply with the Telephone Consumer Protection Act (TCPA), CTIA Short Code and Messaging Principles and Best Practices, the requirements of The Campaign Registry (TCR), and US mobile carrier requirements.

6. Communications, Content, and Submissions

If you contact us through the Site, by email, by phone, or by SMS, you grant Achiever Capital a non-exclusive, royalty-free, worldwide license to use the content of your communication for the limited purpose of responding to you and operating our Services, subject to our Privacy Policy. Do not send us confidential, proprietary, or sensitive information through the Site unless we have separately agreed in writing to receive it.

We may publish thought-leadership content, case studies, and points of view on the Site. Such content reflects the views of the author at the time of publication, is provided "as is" for informational purposes, and is not a substitute for professional advice tailored to your circumstances.

7. Third-Party Sites and Services

The Site may contain links to third-party sites, products, or services (for example, LinkedIn, podcast platforms, partner sites). We do not control, endorse, or assume responsibility for any third-party content or practices. Your use of any third-party site or service is at your own risk and subject to the terms and policies of that third party.

8. Disclaimers

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

Without limiting the foregoing, Achiever Capital does not warrant that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, timeliness, or reliability of any information on the Site. Any reliance on Site content is at your own risk.

Nothing on the Site constitutes investment advice, legal advice, tax advice, accounting advice, or a recommendation to buy, sell, or hold any security or to enter into any transaction. Past performance described on the Site is not indicative of future results.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ACHIEVER LLC, ITS AFFILIATES, MANAGERS, MEMBERS, EMPLOYEES, ADVISORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS (US $100). The foregoing limitations apply even if any remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, the foregoing limitations apply to the maximum extent permitted by law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Achiever LLC, its affiliates, and their respective managers, members, employees, advisors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your access to or use of the Site or Services, (b) your violation of these Terms, (c) your violation of any applicable law or third-party right, or (d) any content you submit or transmit through the Site or Services.

11. Termination

We may suspend or terminate your access to the Site or Services at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination (including Sections 4, 6, 8, 9, 10, 12, 13, and 14) will survive.

12. Governing Law and Venue

These Terms, and any dispute arising out of or related to these Terms or the Site or Services, are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. The exclusive venue for any action arising out of or related to these Terms is the state and federal courts located in New York County, New York, and you consent to the personal jurisdiction of those courts.

13. Dispute Resolution; Waiver of Class Actions

Before filing any legal action, you agree to first contact us at privacy@achievercapital.com and provide a written description of your claim, and to negotiate in good faith for at least 30 days to resolve the dispute informally.

You and Achiever Capital agree that any dispute will be resolved on an individual basis. YOU AND ACHIEVER CAPITAL WAIVE ANY RIGHT TO PROCEED AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Nothing in this Section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or confidential information.

14. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last Updated" date above. Material changes will be communicated through the Site and, where appropriate, by email. Your continued use of the Site or Services after the changes take effect constitutes acceptance of the revised Terms.

15. Miscellaneous

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Achiever Capital regarding the Site and Services. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of that provision. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms without restriction.

16. Contact

Questions about these Terms:

Email: legal@achievercapital.com (privacy matters: privacy@achievercapital.com) Mail: Achiever LLC, 167 Madison Avenue, New York, NY 10016 Phone: (617) 420-8010

These Terms of Service reflect Achiever LLC's terms as of the Effective Date. They are provided for informational purposes and are not legal advice. Achiever Capital recommends review by qualified counsel before final publication.