GROUP PROGRAM PURCHASE TERMS

By purchasing a Group Program through Next Level Up CEO LLC (“Company”), you (“Client”) hereby agree to these Group Program Purchase Terms (“Agreement”). This is a legally binding Agreement and Client hereby acknowledges that Client has read and accepts this Agreement. 

SERVICES AND TERM

Company will provide the services purchased (“Services”) for the Sustainable Profit Academy:

Group Strategy Sessions 

6-month long program that includes:

• Weekly Q&A group sessions conducted via Zoom video sessions (“Group Sessions”)
• Access to private Facebook community
• Lifetime access to pre-recorded video trainings
• Self-guided work based on provided handouts, templates, and other Coaching Materials

Group Sessions will be chosen and scheduled by Company. All Group Sessions will be recorded and made available to Client after the Group Session. No refunds will be made if Client cannot attend live Group Sessions.

In order to achieve the best results from the Services provided, Client acknowledges and agrees that Client is required to arrive on time to Group Sessions and complete any assigned self-guided work each week. 

FEE AND PAYMENT; NO REFUNDS

The fees for the Services as listed on the product description page and on the checkout page (“Fees”) are due in full at the time of purchase. As a courtesy, Company may choose to offer payment plans. Client is responsible for making full and complete payment of all Fees even if Client chooses not to complete the Services purchased. Failure to make payment of any Fees when due may be subject to late fees in the amount of 5% of the total Fees due, and Company may take all action necessary, including sending any balances to collections and engaging an attorney to collect Fees, and Client shall be responsible for all collections costs and attorneys’ fees.

Due to the limited space available to provide Services and the immediate access to proprietary materials, there are no refunds once Client completes the purchase of the Services.

TERMINATION

If, at Company’s sole discretion, Company determines that for any reason Client is not a good fit for the Services, Company may terminate this Agreement by providing three (3) days’ advance written notice to Client. In the event Company terminates this Agreement, Company shall have sole discretion in determining the amount of any Fee refund based on Services provided, including consideration of materials already provided to Client.

If Client ceases to use Services, Client is still responsible for any Fees due pursuant to a payment plan under this Agreement.

LIFETIME ACCESS

For any Services that are provided with “Lifetime Access,” such access shall be for the life of the Company in its current form. Should company be sold, acquired, or otherwise have any change in control of the Company equal to more than 50% of the current ownership, Services and offerings by the Company may change, and Company cannot guarantee lifetime access to any purchases. Accordingly, Company encourages Client to utilize all Services and access all Coaching Materials in a timely manner.

PRIVACY; CONFIDENTIALITY

Company will keep Client’s Personally Identifiable Information (PII) confidential and will not share Client’s information to any third party unless compelled to by law or specifically requested by Client in writing. Notwithstanding the foregoing, Client understands that Client has no expectation of privacy or confidentiality with respect to the information shared by Client or on Client’s behalf in a group setting as it relates to the group program.

Company cannot guarantee the security or stability of any third-party technology used in the course of providing Services in this Agreement including, but not limited to, websites, apps, and telephone and email providers. By voluntarily using such technology, Client accepts the risks to confidentiality and data loss such use poses. 

Client acknowledges that the Services provided by Company, and all related materials, are the intellectual property of Company and are proprietary and confidential (“Intellectual Property”) and are being provided to Client for Client’s personal use only. Client shall not share, publish, or reproduce any part of the Intellectual Property or Services provided. Company will pursue any and all legal and equitable remedies available if Client breaches this section. 

LIMITED LICENSE

Purchase of Services will provide access to certain platforms, documents, and other proprietary information (collectively, the “Coaching Materials”). Client is granted one (1) limited, non-transferable, non-sublicensable, non-exclusive, revocable license (“License”) to make individual, personal use of the Services and Coaching Materials. Client may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, creative derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) and Coaching Materials. The License is only for individual use. Client may not assign or transfer any rights or obligations under these Terns to any person or any entity, and any attempt to do so is void. Company may immediately revoke access to Coaching Materials and terminate Services without refund if Client violates this License.

DISCLAIMERS

Client understands and agrees that the Services provided in this Agreement are meant to support and assist Client in reaching Client’s goals, but that there are important risk factors that should be considered when deciding whether and how to implement suggestions provided by Company. Client recognizes and agrees that Company has made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to Client about future prospects or earnings, or that Client will earn any money with respect to your purchase of the Services hereunder. 

Any earnings or income examples are only estimates of what Company believes Client could earn. Client is advised to perform due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. Client is advised to seek counsel from Client’s accountant, lawyer, or professional advisor before acting on any information provided in or by the Services under this Agreement. Client may not consider any examples, documents, or other content provided pursuant to the Services or on Company’s website to be the equivalent of legal or financial advice.

WAIVER OF LIABILITY

No guarantees can be made relating to potential results from Services provided. Client expressly assumes the risks of any changes Client makes in conjunction with the Services provided. Client releases Company from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or in equity, which the Client ever had, now has, or will have in the future against Company, arising from Client’s acts or omissions with respect to Services received by Company pursuant to this Agreement.

CONTENT STANDARDS

As part of the Services, Company may offer access to private communities through social media or other platforms. Client understands that Client must abide by these content standards at all times and failure to comply may result in immediate revocation of access to the Services, all Coaching Materials, and any platforms used as part of the Services.

Client and any contributions made by client as part of the Services must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and Company’s Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

TESTIMONIAL RELEASE 

Client hereby authorizes Company to use, copy, exhibit, publish, or distribute, in printed publications, multimedia presentations, on websites, social media, or in any other distribution media, any written, audio, or visual testimonial about Client’s use of Company’s Services, and Client’s name, image, and likeness (“Testimonial”). Client waives the right to inspect or approve the finished Testimonial prior to publication. Client further acknowledges that Client has no monetary claim for the use of a Testimonial, and Client hereby holds harmless and releases Company from any and all claims, demands, and causes of action which Client or its representatives, heirs, executors, administrators, or any other persons acting on Client’s behalf may have related to the Testimonial.

MEDIA RELEASE

Client understands and agrees that group program sessions will be recorded, and Client’s name, image, and likeness, as well as information shared by Client may be used by Company in marketing Company’s Services. Client hereby expressly authorizes Company to record Client in the context of the group program sessions (“Recordings”) and waives the right to inspect or approve any Recordings or portion of Recordings prior to Company’s use. Client has no monetary claim for the use of the Recordings.

NOTICE

Any notice sent by Company or Client to the other Party (“Notice”) shall be made in writing and deemed delivered when personally delivered, sent by confirmed telecopy or other electronic means, specifically including electronic mail (e-mail), or three (3) calendar days after being sent by prepaid certified or registered mail to the address of the Party to be noticed as set forth herein or such other address as such Party last provided to the other by written notice.

GOVERNING LAW; ARBITRATION

This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to conflicts of laws provisions thereof. If any portion of this Agreement is deemed unenforceable, the remaining provisions shall be severed and remain intact. 

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration before a single arbitrator selected in accordance with the rules of the American Arbitration Association. The place of arbitration shall be in a mutually agreed upon location within the county of Orange, state of California. The arbitrator’s award shall be final, and judgment may be entered upon it by any court having jurisdiction thereof. The sole remedy that can be awarded to Client in the event of an award granted in arbitration is a full refund of Fees paid. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, shall be awarded to Client.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM CLIENT MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

MISCELLANEOUS PROVISIONS

The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. No changes or modifications or waivers to this Agreement will be effective unless in writing and signed by both parties. In the event any provision of this Agreement shall be determined to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Headings are for convenience only and shall in no way affect interpretation of this Agreement. This Agreement constitutes the complete and exclusive agreement between the parties concerning its subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning the subject matter described herein. This Agreement may be executed in one or more counterparts, in handwritten or digital form, each of which shall be deemed an original and all of which shall constitute one and the same instrument.