Terms of Use

Effective date: September 5, 2026

These Terms of Use govern your access to and use of www.ebitdaperformance.com (the “Site”). The Site is operated by Alan Dabrowski under the business name EBITDA Performance (“EBITDA Performance,” “we,” “us,” or “our”).

By using the Site, you agree to these Terms. If you do not agree, please do not use the Site.

Purpose of the Site

The Site provides general information about EBITDA Performance, our experience, and our consulting and fractional operating services. The Site is intended primarily for business professionals evaluating whether our services may be relevant to their organization.

No Advice or Client Relationship

Site content is provided for general informational purposes. It is not legal, tax, accounting, investment, financial, or other professional advice and should not be relied upon as a substitute for advice based on your specific circumstances.

Visiting the Site, using the contact form, or communicating with us does not create a consulting, advisory, fiduciary, or client relationship. Any engagement begins only through a separate written agreement signed by the applicable parties. If these Terms conflict with a signed engagement agreement, the engagement agreement controls with respect to that engagement.

Case Studies and Results

Case studies, performance metrics, and examples on the Site describe selected past matters and may be anonymized or summarized to protect confidentiality.

They are provided for illustrative purposes and are not promises, forecasts, or guarantees of future performance. Actual outcomes depend on each organization’s circumstances, resources, decisions, implementation, market conditions, and other factors.

Contact-Form Submissions

The contact form is intended for initial, high-level inquiries. Please do not submit trade secrets, legally privileged material, personal financial or health information, or other highly sensitive information.

Submitting information through the Site does not create a duty of confidentiality or a nondisclosure agreement. If discussions progress, confidentiality may be addressed through a separate written agreement.

We handle personal information submitted through the Site as described in our Privacy Policy.

Intellectual Property

Unless otherwise stated, the Site and its content, including its text, graphics, branding, designs, frameworks, and other materials, are owned by Alan Dabrowski or used with permission and are protected by applicable intellectual-property laws.

You may view the Site for your own personal or internal business evaluation. You may not reproduce, distribute, modify, publish, sell, or commercially exploit Site content without prior written permission.

The EBITDA Performance name, logo, and related brand elements may not be used without prior written permission.

Acceptable Use

You agree not to:

• Use the Site for any unlawful or fraudulent purpose;
• Attempt to gain unauthorized access to the Site or its systems;
• Introduce malware or interfere with the Site’s operation or security;
• Misrepresent your identity when submitting information; or
• Use Site content in a way that infringes another person’s rights.

Third-Party Links

The Site may link to third-party websites, including LinkedIn. These links are provided for convenience. We do not control or endorse third-party websites and are not responsible for their content, security, availability, or privacy practices.

Site Availability and Disclaimer

The Site and its content are provided “as is” and “as available.” Although we aim to provide useful and accurate information, we do not warrant that the Site will always be available, secure, error-free, complete, or current.

To the fullest extent permitted by law, we disclaim all warranties relating to the Site, whether express or implied.

Limitation of Liability

To the fullest extent permitted by law, Alan Dabrowski and EBITDA Performance will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or business opportunities arising from or related to your use of, or reliance upon, the Site.

Our total liability for claims arising directly from use of the Site will not exceed $100. Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

Governing Law and Venue

These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law principles.

Any dispute arising from these Terms or use of the Site must be brought exclusively in the state or federal courts located in Cook County, Illinois, and you consent to their jurisdiction.

Changes to the Site or These Terms

We may update the Site or these Terms periodically. Revised Terms become effective when posted, as shown by the updated effective date. Your continued use of the Site following an update constitutes acceptance of the revised Terms.

Severability and Waiver

If any provision of these Terms is found unenforceable, it will be modified only to the extent necessary, and the remaining provisions will remain in effect. A failure to enforce any provision does not waive the right to enforce it later.

Contact

Questions about these Terms may be directed to: