Terms and Conditions

Terms and Conditions

Last updated: March 1, 2024

Please read these terms and conditions carefully before using Our Service.

1) Interpretation and Definitions

1.1) Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

1.2) Definitions

For the purposes of these Terms and Conditions:

  • Account means a unique account created for You to access our Service or parts of our Service.
  • Country refers to: United States
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Firmtrax.
  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Promotions refer to contests, sweepstakes or other promotions offered through the Service.
  • Service refers to the Website.
  • Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Firmtrax, accessible from https://firmtrax.com/
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2) Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

3) Subscriptions

3.1) Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis annually.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

3.2) Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

3.3) Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

3.4) Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

3.5) Refunds

Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

4) Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

5) User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

6) Content

6.1) Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

6.2) Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
    Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

6.3) Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

6.4) Content Presentations

Firmtrax LLC provides its users with presentations that may provide strategies and, or opportunities for its members and presenters. Any implementation of these strategies and potential opportunities is done at the sole discretion of each individual. Firmtrax, LLC does not provide investment advice and urges its users to seek any and all investment advice from an independent investment advisor.

Firmtrax LLC, is not responsible or liable for any financial investments by members.

7) Copyright Policy

7.1) Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

7.2) DMCA Notice and DMCA Procedure for Copyright Infringement Claims

ou may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email at [email protected] Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

8) Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

9) Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

11) Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

12) Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

13) “AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

14) Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

15) Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

17) Severability and Waiver

17.1) Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

17.2) Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

18) Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

19) Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

20) Contact Us

If you have any questions about these Terms and Conditions, You can contact us:
By email: support@firmtrax.com

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Erica Acker

Partner & Member Engagement

Erica Acker is an agile, action-oriented business leader with more than 25 years experience in business development, sales and logistics.

She began her career in business development in the start-up world with pioneering online companies such as Food.com, Save.com and Coupons.com. 

Erica then joined marketing services giant Valassis Communications and dedicated the next decade to building their Direct Marketing division’s West Coast presence, earning multiple awards during her tenure. 

Ready to lead her own business, Erica became a Menchie’s Frozen Yogurt franchisee in 2012 with two locations in Los Angeles. As President & Owner, she oversaw construction of a new store, plus managed all aspects of the company – including marketing, vendor relations, fundraisers and hiring. She sold the stores at a profit five years later and was ready to lead a larger organization.

After a multistage, two-year vetting process, Erica was approved to become an Amazon Delivery Service Partner and founded Mercury Transport & Logistics in 2020. Less than 1% of applicants are accepted into the program. She has since grown the Mercury team to 100+ employees who have successfully delivered over 10 million Amazon packages since launch.

Erica is a native Angeleno and earned a History degree from UCLA, where she was a member of the water ski team (her greatest claim to fame). Erica currently lives in Los Angeles with her husband and two children.

Chip Cassady

Managing Partner & Deal Flow Channel

Chip has over 30 years of experience in the Publishing, Direct Mail, Digital and Retail Technology industries. Having worked with many of the largest brands and agencies, Chip has led large corporate sales and marketing teams at companies like Disney and ADVO/Valassis. In addition to his work at Fortune 500 companies, Chip also has over 15 years of startup experience in the mobile ad tech, indoor location and retail technology spaces. He currently lives in Scottsdale, Arizona, has two grown children, enjoys playing the drums, motorcycling riding and anything on or near the water.

Kevin Sneddon

Co-Managing Director

For more than 30 years, Coach Sneddon has strived to help student/athletes improve their overall wellness in order to achieve peak performance levels in the classroom, on the ice, and in the community. As a head coach, Kevin was named Hockey East Coach of the Year in 2008 and was a 2-time finalist for the Spencer Penrose Award (National Coach of the Year). With over 300 NCAA wins as a head coach at Union College (ECAC) and The University of Vermont (HE), Kevin brings a wealth of knowledge in the sports industry.

Prior to his coaching career, Kevin attended and was graduated from Harvard University. He was a member of the 1989 NCAA Championship team. During that historic first championship for Harvard, Kevin was named to the Frozen Four All-Tournament Team and was drafted by the Los Angeles Kings in the 1989 NHL Entry Draft. Kevin was later named the 96th Harvard captain during his senior year and received the Ralph “Cooney” Weiland Award for dedication and commitment to Harvard Hockey.

Growing up in Canada, Kevin was always around the game of hockey. His father, Bob Sneddon, was standout goaltender who played professionally for many years.

Upon his retirement from coaching in 2020, Kevin developed a consulting business, KAS Performance Consulting, LLC striving to assist NCAA coaches, players, and businesses. One of Kevin’s biggest clients, Elev802, has seen incredible growth in just 3 years. Arguably one of the top hockey skills training companies in the USA, Elev802 has 4 facilities open while 3 additional facilities are under construction. His role as business consultant and project manager for Elev802 has also created a massive social media presence growing from 3,000 followers in 2019 to over 150,000 followers on Instagram today. Kevin has helped negotiate several partnership contracts for Elev802 including: Bauer, Hockeyshot, Dunkin Donuts, Green Biscuit, BioSteel, and Pure Hockey.

His passion for both sports consulting as well as business consulting has made him one of the top emerging leaders within the sports industry

Chris McCabe

Co-Managing Director

Chris McCabe is the Founder of Firmtrax, LLP. In this capacity, McCabe is responsible for providing strategic direction and development to Firmtrax and its members. McCabe founded Firmtrax in 2019 and immediately helped clients organize their marketing and BD operations. Over time, Firmtrax became a community of contacts who find business services and opportunities from one another. In 2021 Firmtrax made a strategic investment in Athena Delivery Group and served as an advisor to The Front Door Collective, a national network of last mile delivery solutions. Prior to founding Firmtrax, McCabe served as the Director of Marketing and Business Development at Gallagher Flynn, LLP. In this capacity, McCabe was responsible for developing the GFC brand strategy as well as new business initiatives. McCabe also served on the RSM Alliance marketing board. Prior to joining GFC, McCabe served as an Officer of Administration at the University of Vermont as the first assistant VP of Marketing and Business Development. During his twelve year career at UVM he implemented several key marketing programs and oversaw the University’s Licensing unit. Athletic marketing and licensing recorded record revenues under McCabe’s direction. In 2012, McCabe served as the liason to USA Hockey when Burlington served as the host site for the 2012 Womens Hockey World Championships. McCabe also served as the Chair of the Marketing and Television Committee for Hockey East. As Chair, he helped lead all marketing and television negotiations behalf of Hockey East and it’s partners, TD Garden, NBC, NESN, ESPN and CBS College Sports. Prior to UVM, McCabe held the position of Vice President of Global Online and Integrated sales at World Wrestling Entertainment (WWE NYSE). At WWE, McCabe created several successful cross platform advertising programs for sponsors, including “I WANNA GO” in 2001. Prior to WWE, McCabe served at the Vice President of the Client Partnership Group of News Digital Media, the online arm of News Corporation (NASDAQ: NWS). While at NDM, McCabe created cross platform advertising programs directly with brand managers across the FOX family of properties including Fox Sports, Fox News and Fox Network. McCabe began his career with the Mass Bay Brewing Company where he directed the sales expansion of the Harpoon family of products to new regions of the country. McCabe is a graduate of The Lawrenceville School and holds a B.S from the University of Vermont (1991) where he was a member of the Men’s Lacrosse team and team captain. He went on to play professionally for the Boston Blazers of the NLL (MILL) and was inducted into the University of Vermont Athletic Hall of Fame in 2002. McCabe was named the University Vermont’s All Anniversary team in 2018. McCabe lives in Vermont with his wife and three children.