Website Terms of Use
Effective date: June 10, 2026. We update these terms as the practice grows and as the law changes. Material changes are flagged at the top of this page on the date they take effect.
These terms govern your use of fiduciarycms.com, the website of Fiduciary Continuum Management Services, LLC. They are written to be read. If something here is not clear, email office@fiduciarycms.com and we will explain it.
Acceptance of these terms
By visiting fiduciarycms.com, reading its content, or submitting an inquiry, you agree to these terms. If you do not agree, please do not use the site. We may revise these terms; continued use after a revision means you accept the revised terms.
No professional relationship from a site visit alone
Visiting this website does not create a professional relationship of any kind. Reading the content does not. Sending a message does not. Receiving a reply does not. A professional fiduciary relationship begins only when we have had a substantive conversation about your situation and you have signed an engagement letter. The engagement letter is the contract; this website is not.
We are not your attorney, accountant, investment adviser, or physician. If you need legal, tax, investment, or medical advice, please consult a professional in that field. We are glad to introduce you to professionals who do this work well in California.
Scope of website content
The content here is general and informational. It is not tailored to your situation. Every trust, conservatorship, and estate has facts that change the analysis, so do not act, or refrain from acting, based on anything you read here without first talking to a qualified professional who knows your specific facts. We try to keep the content accurate and current but do not guarantee that every page reflects the most recent California statute, regulation, or court decision.
Intellectual property
The text, images, and design of this site are owned by Fiduciary Continuum Management Services, LLC, or used under license, and are protected by United States copyright law. Our name and logos are our trademarks. You may read the site, share links, and print or save reasonable portions for personal or family use. You may not republish substantial portions elsewhere without our written permission, and you may not use our name, branding, or any image of the practice principal in a way that suggests an endorsement or relationship that does not exist.
Acceptable use
You agree to use the site only for lawful purposes. You must not violate any law, transmit unlawful or abusive material, attempt unauthorized access to the site or connected systems, disrupt its servers or networks, or transmit viruses or other destructive code. We may take technical and legal measures to keep the site secure and to enforce these rules.
Third-party links
Some pages link to other sites — the California Department of Consumer Affairs, the Professional Fiduciaries Bureau, courts, and other resources. We do not control those sites and are not responsible for their content. A link is a convenience, not an endorsement. If a link has become misleading, please tell us.
No warranty on informational content
We provide the site and its content on an "as is" and "as available" basis. To the fullest extent permitted by California law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the site will be uninterrupted, error-free, or secure. Nothing on this site is legal, tax, financial, investment, or medical advice.
Limitation of liability
To the fullest extent permitted by California law, Fiduciary Continuum Management Services, LLC and its members, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages — including lost profits, lost data, or lost opportunity — arising out of or relating to your use of, or inability to use, the website, under any theory of liability.
Nothing in these terms limits any liability that cannot be limited under California law, including liability for fraud, for willful injury, or for any violation of law that California Civil Code §1668 makes non-waivable. Where a limitation here is unenforceable, our liability is limited to the smallest amount the law permits. This limitation applies to your use of the website only. It does not limit the professional and fiduciary responsibilities we owe a client under a signed engagement letter, which stands separately from these terms.
Indemnification
If you misuse the website — for example, by attempting unauthorized access, scraping or republishing content without permission, submitting false or misleading inquiries, or transmitting unlawful content — you agree to indemnify and hold us harmless from any resulting claim, liability, or expense, including reasonable attorneys' fees. This is narrow: it applies to your misuse of the site, not to your ordinary use of it for its intended purpose — reading our content and contacting us.
Governing law and venue
These terms and your use of the site are governed by the laws of the State of California, without regard to its conflict-of-law principles. Any action arising out of or relating to these terms or your use of the site will be brought exclusively in the state or federal courts located in San Diego County, California, and each party submits to the jurisdiction of those courts.
Dispute resolution
Before filing any lawsuit, you agree to first contact us at office@fiduciarycms.com or 760-338-7878 and try to resolve the matter informally. If it is not resolved through good-faith discussion within 30 days, either party may proceed in the courts named above. We do not require binding arbitration and we do not prohibit class actions. If that ever changes, we will provide advance notice.
Accessibility
We want the site to be usable by everyone, including people who use assistive technology, and we work toward the Web Content Accessibility Guidelines (WCAG) 2.1 AA standard. If you have trouble using any part of the site or need information another way, please contact us and we will help.
Severability and entire agreement
If any provision of these terms is held unenforceable, the rest remain in effect, and the unenforceable provision is modified to the least extent necessary or treated as removed. These terms, together with the Privacy Policy, are the entire agreement between you and Fiduciary Continuum Management Services, LLC regarding your use of the site. They do not replace or modify any engagement letter, which governs the professional relationship separately.
Contact
For questions about these terms, email office@fiduciarycms.com, call 760-33-TRUST (760-338-7878), or write to Fiduciary Continuum Management Services, 310 S. Twin Oaks Valley Rd., Suite 107-193, San Marcos, CA 92078.