Tidebreak Advisory · Terms of Use

Tidebreak Advisory, LLC ("Tidebreak") is a New Hampshire single-member limited liability company that performs independent information technology assessments for professional-services firms. The website describes our work, the frameworks and professional standards we work with, and provides reference materials.

What Tidebreak's website content is.

Informational. Written for a professional audience. A description of a practitioner-grade assessment methodology and how it maps to recognized security frameworks and to the professional standards governing specific industries.

What Tidebreak's website content is not.

It is not legal advice, tax advice, accounting advice, medical advice, an attestation report, an audit opinion, or a security opinion issued with respect to your particular environment. Tidebreak does not perform attestation audits, does not issue opinions under AICPA attestation standards, and does not engage in the practice of law or accounting. Use of the website does not create any advisor-client relationship.

Framework and standard references.

Statements about security frameworks (including CIS Controls and NIST Cybersecurity Framework) and professional standards (including the ABA Model Rules of Professional Conduct, the AICPA Code of Professional Conduct, the HIPAA Security Rule, the FTC Safeguards Rule, SEC Regulation S-P, and NYDFS 23 NYCRR 500) are accurate to the editions in force at the Effective date above. Frameworks and professional standards change; website content may not reflect later amendments until the website is updated.

You may access the website for personal or professional informational purposes. You may share links to website pages with colleagues, clients, and professional advisors. You may download any document Tidebreak makes available for download, including trust-artifact reference materials such as framework crosswalks and sample reports.

Each Tidebreak reference document (framework crosswalk, sample report, and similar materials) carries a distribution clause in its disclaimer stack. You may share these documents consistent with that clause, which typically permits sharing with your cyber insurance broker or carrier, your outside counsel, your financial-statement auditor, or your other professional advisors.

You may not republish, repackage, white-label, or redistribute these documents for commercial purposes, and you may not post them to public repositories, paid research platforms, or other public distribution channels without Tidebreak's written permission. These restrictions protect both the document's intended scope and the professional-standard references it relies on.

You may not:

• scrape, crawl, or harvest the website by automated means beyond legitimate search engine indexing;
• reverse engineer, disassemble, or attempt to derive the source code of the website;
• introduce malware, viruses, ransomware, or any code designed to damage, impair, or interfere with the website, our systems, or any user's device;
• attempt unauthorized access to any system or account associated with the website;
• misrepresent Tidebreak content in a manner that implies endorsement, affiliation, certification, or attestation that Tidebreak has not provided;
• hold yourself out as a Tidebreak client, former client, or referral partner without Tidebreak's written authorization;
• use the website in any manner that violates applicable law or regulation, or infringes the rights of any third party.

Tidebreak content.

The website and its content, including text, graphics, logos, wordmarks, documents, photography, and the underlying visual design system, are owned by Tidebreak or its licensors and are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in Tidebreak's intellectual property except the limited, revocable right to use the website in accordance with Sections 2 and 3.

Third-party marks.

The website references third-party product names, services, professional standards, and frameworks, including but not limited to Microsoft, Azure, CIS Controls, NIST Cybersecurity Framework, ABA Model Rules of Professional Conduct, AICPA Code of Professional Conduct, SQMS 1, HIPAA, SOC 2, FTC Safeguards Rule, SEC Regulation S-P, and NYDFS 23 NYCRR 500. These names and materials belong to their respective owners. Reference on the website is for informational and descriptive purposes only and does not imply affiliation, endorsement, sponsorship, licensing, or certification.

Feedback.

If you send Tidebreak feedback, suggestions, or ideas about the website, our work, or our reference materials, you grant Tidebreak a non-exclusive, perpetual, royalty-free, worldwide license to use, modify, and incorporate that feedback without restriction and without obligation of attribution or compensation.

The website may link to or integrate with third-party websites and services (for example, LinkedIn and a scheduling tool provider). Tidebreak does not control those third-party sites and is not responsible for their content, availability, practices, or terms. Your use of third-party websites is at your own risk and is governed by those websites' own terms and privacy policies.

THE WEBSITE AND ALL CONTENT AVAILABLE ON OR THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TIDEBREAK DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF INFORMATION. TIDEBREAK DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECT WILL BE CORRECTED. RELIANCE ON WEBSITE CONTENT IS AT YOUR OWN RISK.

Nothing on the website should be taken as a guarantee that your firm's controls, your managed service provider's performance, or your compliance posture will meet any regulatory, professional-standard, or carrier requirement. A practitioner-grade assessment of your environment is performed only under a signed engagement letter.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIDEBREAK AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, EVEN IF TIDEBREAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TIDEBREAK'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE WEBSITE WILL NOT EXCEED ONE HUNDRED US DOLLARS (USD $100) OR THE AMOUNT YOU PAID TIDEBREAK FOR WEBSITE ACCESS (IF ANY) IN THE TWELVE MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.

This limitation does not apply to services performed under a signed engagement letter. Liability terms for engagement services are set out in the engagement letter.

You agree to defend, indemnify, and hold harmless Tidebreak and its members, officers, employees, and agents from and against any claim, demand, loss, damage, liability, or expense (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms, (b) your misuse of the website or any Tidebreak materials, or (c) your violation of any applicable law or any third party's right.

These Terms are governed by the laws of the State of New Hampshire, without regard to its conflict-of-laws principles. Any dispute arising from or related to these Terms or the website will be brought exclusively in the state or federal courts located in New Hampshire, and you consent to the personal jurisdiction and venue of those courts. Each party waives any right to a trial by jury.

Tidebreak may update these Terms from time to time. The "Effective date" at the top indicates when the current version took effect. Material changes will be communicated through a notice on the website. Continued use of the website after changes take effect constitutes acceptance of the revised Terms.

Severability.

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

No waiver.

A failure by Tidebreak to enforce any provision of these Terms is not a waiver of that provision or of any other provision.

Entire agreement.

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Tidebreak regarding the website and supersede any prior agreements relating to the same subject matter.

Assignment.

You may not assign these Terms or any rights under them. Tidebreak may assign these Terms in connection with a merger, acquisition, financing, or sale of assets.

Headings.

Section headings are for convenience only and do not affect the interpretation of these Terms.

Tidebreak Advisory LLC

info@tidebreakadvisory.com

285 Union St, Portsmouth, NH 03801