TERMS & CONDITIONS OF PARTICIPATION
Please READ carefully by scheduling an interest call or purchasing this product you (herein referred to as “Client”) agree to the following terms stated herein.
PROGRAM/SERVICE: Capitalwize, LLC. (herein referred to as “Capitalwize” or “Company”) agrees to provide a program, “Financial Audit” (herein referred to as “Program”) identified in the online commerce shopping cart. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
DISCLAIMER: Client understands George Acheampong (herein referred to as “Consultant”) and Capitalwize, is not an employee, agent, lawyer, doctor, manager, therapist, public relations, or business manager, registered dietician, or financial analyst, psychotherapist, or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. The client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.
DEPOSIT FEES:
One-time payment of $500 (due day meeting is being scheduled) via credit card/debit card or ACH.
DEPOSIT REFUNDS: Deposits are refundable but required to reserve a Client’s spot. Deposit will be credited towards the fee for program/services upon moving forward. Refundable if the Company finds they cannot serve the Client in a meaningful way. All refunds are made at the discretion of Company. All refund requests from the Client shall occur within 14 days from the date of the initial interest meeting. Following 14 days, the Client is responsible for the full deposit amount and no refund requests will be entertained by the Company.
RESCHEDULING POLICY FOR MEETINGS: Client must provide 24-hour notice before their interest call to be approved to reschedule their meeting without penalty. If 24-hour notice is not provided, Client agrees to pay a $125 rescheduling fee will be charged in order to change the date of their meeting. Company can decide to waive this fee at their discretion.
CANCELLATION POLICY FOR MEETINGS: Client must provide 24-hour notice before their interest call to cancel without penalty. If Client wants to cancel their meeting or never contacts the company and doesn’t show up, Client agrees to pay a $125 No Call, No Show fee. Company can decide to waive this fee at their discretion.
PRGRAM FEES: The fees for Financial Audit are the following:
One-time payment of $4,997 (due on start day of service) via credit card/debit card or ACH.
Payment plan via credit card/debit card or ACH due as follows:
- On start day of service: $2,750
- 14 days after the first payment: $2,750
Additional terms and conditions, including Supplemental Terms, may apply and the Client agrees any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
REFUND POLICY FOR PURCHASE OF PROGRAM/SERVICE: Due to the nature of the product deliverable being customized to each Client, no refunds of any fees or other amounts paid by the Client in connection with the Financial Audit (“Product”) will be allowed under any circumstances. Client can cancel their service at any time after paying full price; however, there are no refunds for cancellation and Client’s access will be revoked from Company portal immediately.
In the event that Capitalwize suspends or terminates Client’s account or these Terms of Participation for your breach of these Terms of Participation, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any subscription fees for any portion of our Service, any content or data associated with your account, or for anything else.
METHODS OF PAYMENT: Client authorizes the Company to charge the Client’s credit card or debit card or via ACH on the agreed date.
ACH AUTHORIZATION: Client authorizes a one-time charge to the Clients checking/savings account. Clients will be charged the amount indicated in this Terms and Service agreement unless otherwise agreed upon by Client and Capitalwize in writing. The client agrees that no prior notification will be provided unless the date or amount changes, in which case the client will receive notice from Capitalwize at least 2 business days prior to the payment being collected. The client agrees to notify Capitalwize in writing of any changes in the Clients’ account information at least 2 business days prior to the billing date. If the payment date falls on a weekend or holiday, the Client understands that the payments may be executed on the next business day.
For ACH debits to the Client checking account, the Client understands that because these are electronic transactions, these funds may be withdrawn from the Clients’ account as soon as the signed execution date of this agreement. In the case of an ACH Transaction being rejected for Non-Sufficient Funds (NSF) Client understands that Capitalwize may, at its discretion, attempt to process the charge again at any time. The client acknowledges that the origination of ACH transactions to the Clients’ account must comply with the provisions of U.S. law. Client certifies that Client is an authorized user of this bank account and will not dispute these transactions with Clients bank; so long as the transactions correspond to the terms indicated in these Terms of Participation.
PROGRAM DESCRIPTION: The enrollment package includes access to the entire Financial Audit which includes: 700 Credit Score Academy, Business Credit Mastery, and Credit Card Mastery. The Credit action plans including, The Home Buying Blueprint, Auto Financing System, My Cash Flow Control System, MyCashClarity System, The Authorized User Blueprint.
WARRANTIES AND GUARANTEES: It is unlawful to guarantee results or time frames. Except as expressly provided in the Agreement, Capitalwize makes no guarantees or warranties of any kind, expressed or implied, with respect to the subject matter hereof. Capitalwize does not guarantee that:
- The client’s personal or business credit score will increase by any definite number of points;
- The client will have negative items removed from their credit report;
- The client will be approved for personal or business credit.
CONFIDENTIALITY: The Company respects Client’s privacy and insists that Client respects the Company’s and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum, or otherwise. The client agrees not to use such confidential information in any manner other than in discussion with other Participants during the Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in the strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft. The client agrees not to violate the Company’s publicity or privacy rights. Furthermore, the Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client, including but not limited to; names, email addresses, third-party company titles or positions, phone numbers, or addresses. Additionally, the Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this product, you agree that if you violate or display any likelihood of violating this session, the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protecting against the harm of such violations.’’
NO TRANSFER OF INTELLECTUAL PROPERTY: Capitalwize program is copyrighted, and original materials that have been provided to the Client are for Client’s individual use only and a single-user license. The client is not authorized to use any of the Company’s intellectual property for the Client’s business purposes. All intellectual property, including the Company’s copyrighted program and/or course materials, shall remain the sole property of the Capitalwize. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
CLIENT RESPONSIBILITY: Program is developed for strictly educational purposes ONLY. The client accepts and agrees that the Client is 100% responsible for their progress and results from the Program. The company makes no representations, warranties, or guarantees verbally or in writing. The client understands that because of the nature of the program and its extent, the results experienced by each client may significantly vary. The client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that the Client will reach their goals as a result of participation in the Program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. The company assumes no responsibility for errors or omissions that may appear in any program materials.
INDEPENDENT CONTRACTOR STATUS: Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel performs hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
FORCE MAJEURE: In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
SEVERABILITY/WAIVER: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
LIMITATION OF LIABILITY: Client agrees they used Company’s services at their own risk and that Program is not promising any results or executing any plans unless agreed upon and outlined in a separate contract. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. The client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting from or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. The company assumes no responsibility for errors or omissions that may appear in any of the program materials.
NON-DISPARAGEMENT: The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth hereinbelow. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees, or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statements of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.
ASSIGNMENT: Client may not assign this Agreement without the written consent of the Company.
MODIFICATION: Company may modify the terms of this agreement at any time. All modifications shall be posted on the Capitalwize’s website and purchasers shall be notified.
TERMINATION: Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants or upon violation of the terms as determined by Company. Clients will still be liable to pay the total contract amount.
INDEMNIFICATION: Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. The client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in Capitalwize Programs, the undersigned, my heirs, executors, administrators, successors, and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Capitalwize and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.
RESOLUTION OF DISPUTES: If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of the Client, and the Client is responsible for any and all arbitration and attorney fees.
EQUITABLE RELIEF: In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
NOTICES: Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: [email protected]. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors, and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements, and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, United States of America.
RESULTS DISCLAIMER: Every effort has been made to accurately represent this product and its potential. The Company site and the products offered on the site are not associated, affiliated, endorsed, or sponsored by Facebook, nor have they been reviewed, tested, or certified by Facebook. There is no guarantee that you will get results using the techniques and ideas delivered. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Results potential is entirely dependent on the person using our product, ideas, and techniques. We do not position this product as a “get rich scheme.”
Any claims made or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas, and techniques mentioned, your finances, knowledge, and various skills. Since these factors differ according to individuals, we cannot guarantee your success or result level. Nor are we responsible for any of your actions.
Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential results or financial performance.
Any and all forward-looking statements here or on any of our sales material are intended to express our opinion of results potential. Many factors will be important in determining your actual results, and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact, no guarantees are made that you will achieve any results from our ideas and techniques in our material.