*Please print these Terms of Use for your records*

Program TERMS OF USE

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of the Sales Surge Program outlined below (hereinafter “Client”) agree and willingly purchase entry into this Program, to be provided with services rendered by Valerie Cap, acting as part of The Nurturing Collective (hereinafter as Program Creator) and you agree you are voluntarily entering into a legally binding Agreement with Program Creator, including the payment terms and inclusive of the following terms and conditions mutually agreed upon:

For good and valuable consideration of a one time payment of $1500 USD or 3 payments of $600 USD. Client has agreed to purchase Sales Surge Program (hereinafter “Sales Surge Program”). In exchange, Program Creator agrees to provide the services outlined in the Sales Surge Program Details below, and Sales Surge Program Addendum attached hereto.

1. Sales Surge Program Outline:

A. Client agrees and understands that he/she is purchasing access to the Sales Surge Program that includes access to Program Material.

B. Client acknowledges that he/she has read the Sales Surge Program and conducted any additional research necessary to feel he/she understands what is being provided in the Sales Surge Program as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on the Program Creator’s website.

C. Sales Surge Program is not to be considered a substitute for therapy or medical treatment. Program Creator nor any guest speakers/teachers in the course program are not able to nor will they provide any sort of therapy, medical treatments, medications, or other services that are completed by a medical professional. Membersip Site is not designed to treat any mental, emotional, or other medical conditions. If you as the Client believe you may be in need of medical treatment or a diagnosis to relieve a current condition, Sales Surge Program is not right for you. By completing this Agreement, you confirm you are not looking for medical treatment, understand the difference between coaching and treatment, and do not expect Program Creator to provide any services other than that outlined below in the Sales Surge Program Outline Addendum.

2. Confidentiality

A. Client understands he or she is purchasing 12-week access to the Sales Surge Program with Program Creator. For any content provided by Program Creator, Client will have gained access to various trade secrets and personal intellectual property of Program Creator, including but not limited to materials such as verbal advice, mindset guidance, and/or other information that may have become available for use through Client’s participation in the Sales Surge Program. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in Sales Surge Program. Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through Sales Surge Program, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own coaching business without express written permission of Program Creator. Client also understands and agrees he/she will not disclose or use any information provided to Client during coaching sessions, discussions, or otherwise.

B. Should Client breach this provision and disclose confidential or proprietary information belonging to Program Creator or another participating in the Mastermind or Sales Surge Program, Client understands additional action may be taken by Program Creator up to and including legal action.

3. Testimonials

A. Program Creator may request that the Client provide a testimonial to be published on the Program Creator’ websites, or on various sales materials for this or another Program created by

Program Creator. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Program Creator and Client if Client refuses testimonial.

B. If Client accepts and provides Program Creator with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Program Creator’ website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming the same, and confirming Program Creator’ rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Program Creator an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Program Creator as part of a Testimonial.

4. Payment and Payment Plans

A. Client understands the cost of the Sales Surge Program is a one time payment of $1500.00 USD which is due immediately or $600.00 USD for 3 payments and charged automatically, in accordance with the terms outlined below in paragraph five (5). Client understands he/she is responsible for the full payment, and agrees to pay the sum requested electronically, via Mastermind website or a designated third party payment processor of Program Creator’s choosing, in full.

B. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) Client’s access to the Sales Surge Program may be forfeited if payment is not made within 5 days of the date it is due, and (2) Client will still owe full payment for Mastermind.

C. Program Creator reserves the right to cancel Client’s access to the Sales Surge Program should he/she fail to make payments in accordance with the Terms as outlined below. Should this occur, Client understands she/he is not entitled to a refund of funds already issued to Program Creator for access to Sales Surge Program.

5. Auto-Renewal Agreement

If a payment plan is selected upon enrollment, your card on file will automatically be charged $600.00 USD with 2 more payments of $600.00 USD every 30 days for the Sales Surge Program.

6. Refund/Cancellation Policy

A. Program Creator is not able to offer refunds once Client has purchased access to the Sales Surge Program.

B. Client further agrees and understands that changing his/her mind about the Sales Surge Program, failing to follow through or understand the details of the Sales Surge Program, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle her or him to a refund.

By checking the box on the purchase page confirming your agreement to these Terms, you also confirm you are given your unequivocal, clear, affirmative consent to your agreement with these automatic renewal terms and the cancelation policy.

7. Technology

A. Program Creator not responsible for any specific technology you may need in order to adequately view and utilize the Sales Surge Program. Client’s inability to access Sales Surge Program due to a technology issue on Client’s end does not qualify Client for a refund.

8. Medical Disclaimer – Not Medical or Professional Advice

A. Sales Surge Program and content contained within the Sales Surge Program is not to be considered therapy or counseling, medical treatment or advice, and nothing within the Sales Surge Program is intended to provide or act as a substitute for mental health treatment.

B. Client understands and agrees that Sales Surge Program offers instructional services in the field of Business Consulting only. There are no therapy, treatment, or medical-based elements to Sales Surge Program, and it is not meant for those who are in need of (or think they may be in need of) medical services. Mastermind Crators are not attempting nor suggesting Client enroll in Sales Surge Program in place of a personalized consultation with a medical professional in your geographical area.

C. Program Creator encourage Client to consult a physician if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase Sales Surge Program will have previously obtained clearance and permission from their applicable personal medical physician and have concluded that the coaching Course Site offered is right for them. Nothing contained within Sales Surge Program is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.

9. Voluntary Participation

A. Client understands and agrees that he/she is voluntarily choosing to enroll in Sales Surge Program and is solely responsible for any outcomes or results. While Program Creator believes in their services and that the Program is able to help many people, Client acknowledges and agrees that The Nurturing Collective is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in Sales Surge Program and any results therein.

10. Disclaimer /No Guarantees

A. While many of Program Creator’s past and current clients have experienced wonderful benefits from the content contained in Sales Surge Program, Coach cannot guarantee results from any of the content on Sales Surge Program, and cannot make any representations or guarantees regarding individual results. Client will hold The Nurturing Collective harmless if he or she does not experience the desired results.

B. Client understands that all services provided by The Nurturing Collective in connection with the Sales Surge Program being purchased are provided on an “as is” basis, meaning it is

without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase access to Sales Surge Program and work with Program Creator on a purely voluntary basis and does not hold Memberhsip Creator or Sales Surge Program responsible should Client become dissatisfied with any portion of the Sales Surge Program.

C. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the Sales Surge Program, as long as Program Creator deliver the Sales Surge Program as described in the Addendum below.

D. Client also understands Program Creator are not a doctor, nurse, lawyer, financial adviser, psychic, licensed therapist, or otherwise, and agrees to hold The Nurturing Collective harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Sales Surge Program. The content provided by Program Creator on his/her website and within the Members Site is comprised of information that has worked for Program Creator and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Program Creator cannot guarantee results from this Sales Surge Program, and has no expectation of a specific result that he or she holds Program Creator responsible for.

11. Intellectual Property

A. Client agrees and understands that Program Creator have created numerous original, creative works in connection with the Sales Surge Program, and agrees that Program Creator maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Sales Surge Program, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Program Creator. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Program Creator. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Program Creator to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Sales Surge Program.

B. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Coach or obtained through working with Program Creator, without Program Creator’ express written consent. If such behavior is discovered or suspected, Program Creator reserve the right to immediately end Client’s participation in the Sales Surge Program without refund, as well as access to any Sales Surge Program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.

C. Licensee Rights: Program Creator Limited License to Client: Client understands that in purchasing the Sales Surge Program, she/he is gaining access to view all content and information available as part of the Sales Surge Program. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to use the information provided as instructed or allowed by Program Creator. As a “Licensee,” Client understands and agrees that Client will not:

i. Copy, edit, distribute, duplicate or steal any information or any Content obtained through Sales Surge Program without written permission by Program Creator;

ii. Post, distribute, copy, steal or otherwise use any portion of the Sales Surge Program or its content, or information obtained via other members in the group Sales Surge Program without written

permission by Program Creator, and understand that any such use may constitute

infringement, which may give rise to a cause of action against Client.

iii. Claim any content created by Program Creator as part of the Sales Surge Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Program Creator was Client’s work, and use in his/her business as his/her own.

iv. Share purchased materials, information, content with others who have not purchased them.

v. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.

12. Indemnification

Client agrees at all times to defend, fully indemnify and hold Program Creator and any affiliates, agents, team members or other party associated with Program Creator harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Sales Surge Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Sales Surge Program. Should Program Creator be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Program Creator’ defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Program Creator, free of charge.

13. Dispute Resolution

A. Should a dispute arise between Program Creator and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Program Creator responsible for any specific results, or those results which have been achieved by other clients of Program Creator.)

B. If unable to reach a resolution informally, Client and Program Creator agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Pennsylvania within a reasonable amount of time. Client and Program Creator agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.

14. Applicable Law

A. This Agreement shall be governed by and under control of the laws of Pennsylvania regardless of conflict of law principles, and regardless of the location of Client. Client understands this and agrees that the laws of Pennsylvania are to be applicable here.

15. Amendments

A. This agreement may be altered, amended, changed, extended, or updated depending on current laws, structure of Sales Surge Program, or Program Creator businesses. Client’s continued use of the Sales Surge Program constitutes an agreement to the most updated version of this Agreement.

Sales Surge Program OUTLINE ADDENDUM

Client understands, acknowledges, and agrees he/she is purchasing access to the Sales Surge Program, with a 12 week commitment.

While the below is subject to change, at the time of purchase, Sales Surge Program includes access to the following:

+Virtual meetings

+Program Materials

+Facebook Community

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