Coaching Terms of Service
TERMS OF SERVICESÂ
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This Client Services Agreement (“Agreement”) is entered into on the date of acceptance (“Effective Date”) between EX4 Growth, LLC and its affiliates (“EX4”) and the undersigned client (“Client”). By signing this Agreement or using the Services outlined below, the Client agrees to the terms and conditions outlined below.
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- Scope of Financial Coaching Services Â
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- Coaching Services. EX4 will provide educational information and general guidance on financial topics to the Client. The coaching is intended to enhance the Client’s understanding of financial concepts and to provide as an accountability measure to the Client to try to maintain the habits and understanding to assist, but not guaranteed, financial results. The information provided to the client is not personalized financial advice, investment advice, or a recommendation to purchase any specific financial product or service. Educational sessions cover general financial topics such as budgeting, saving, debt management, and financial goal setting.Â
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- Delivery Method. Services will be delivered through mutually agreed-upon methods, such as video calls, phone calls, email, or in-person sessions, as agreed to on an ad-hoc basis between the Client and EX4. Sessions will be scheduled directly between EX4 and the Client, subject to availability.Â
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- Fees and Payment Terms.Â
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- Payment Terms. The fee for the online coaching program is due in full at the time of enrollment. Payments must be made through the designated online payment platform. All fees are non-transferable and non-assignable.Â
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- Money Back Guarantee. We offer a 7-day money back guarantee. If you are not satisfies with the coaching program, you may request a full refund within 7 calendar days from the date of your enrollment. To be eligible for a refund, you must submit a written request via email to our support team, stating the reason for your dissatisfaction. Refunds will be processed within 10 business days of receiving the request, provided the request is made within the 7-day period. No refunds will be issued after the 7-day guarantee period has expired. The money-back guarantee applies only to the original purchaser of the coaching program. Refunds will be issued to the original payment method used at enrollment. Access to the coaching program materials and sessions will be revoked upon issuance of a refund. This guarantee does not apply to any additional services, materials, or third-party fees associated with the coaching program.
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- Billing. Details of the services and fees, including applicable rates, will be itemized in a detailed invoice. Unless disputed in writing within 5 days of receipt, the invoice shall become final, and payment shall be due immediately thereafter. If the Client disputes an invoice in writing within 5 days of receipt, EX4 will review the dispute and respond within 10 days. If unresolved, the dispute may proceed to arbitration or small-claims court. Undisputed portions of the invoice remain due immediately.Â
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- Payment Method. Payment may be made via cash, check, or credit card. Please note that if you make your payment through credit card, we will assess a convenience fee of 3% to the transaction.Â
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- DISCLAIMER – NO FINANCIAL ADVISOR CLIENT RELATIONSHIP FORMED.Â
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- Non-Personalized Financial Advice. The coaching services provided under this agreement, though may at times be facilitated by an individual who holds a designated financial services license (such as a Series 6, Series 7, Series 63, Series 66, Series 65, Series 3, Series 24, or any regulated financial or insurance license by any state), are intended solely for educational and accountability purposes. These services are general in nature and do not constitute personalized financial advice. The Client acknowledges that the coaching is designed to provide guidance, information, and support to enhance financial literacy and personal accountability. Any strategies, suggestions, or information shared during the coaching sessions are not tailored to the Client’s specific financial situation, objectives, or needs. The Client is responsible for consulting with a qualified financial advisor for personalized financial advice and for making all financial decisions independently.
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- No Offer or Solicitation. Â EX4 is not acting as a broker-dealer, registered investment advisor, or insurance agent in the provision of these educational and coaching services. No financial products or financial services are being sold or offered through the Services provided. Nothing contained in these Services constitutes an offer, solicitation, or recommendation to buy, sell, or hold any securities, insurance products, or other financial products.
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- Fair and Balance Presentation. It is EX4 intent, and you acknowledge that all information presented is based on general principles and publicly available data, intended to provide a balanced view of the topics discussed. However, this content does not cover all possible risks or scenarios, and past performance or hypothetical examples (if used) are not indicative of future results. Any performance-related discussions are for illustrative and educational purposes onlyÂ
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- Compensation. Fees for Services are only for the Services rendered. EX4 does not receive any form of compensation from outside third parties.Â
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Recommendation for Users. Before acting on any information from the Services, seek independent advice from a licensed financial advisor, broker-dealer, investment adviser, or insurance agent. Tax, legal, or accounting implications should be discussed with appropriate professionals. This content is not a substitute for professional advice and may become outdated due to changes in laws or markets.
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- Termination of Agreement. Services may be terminated by mutual consent of the EX4 and the Client. Â
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- Binding Arbitration and Class Action Waivers. You agree that if there is a dispute between you and EX4 and EX4 affiliates, you and we agree to try for 60 days, upon receipt of a Notice of Dispute, to resolve it informally. If we can’t, you and EX4 agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunctions, and any other proceeding or request for relief where someone acts in a representative capacity are not allowed. Nor is combining individual proceedings without the consent of all parties.Â
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- Disputes Covered. The term “dispute” is as broad as it can be. It includes any claim or controversy between you and us concerning the Services, the software related to the Services, the Services’ or software’s price, your account, marketing, communications, your purchase transaction, billing, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensor’s, our, or our licensor’s intellectual property rights.Â
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- Notice of Dispute Required before Arbitration. If you have a dispute and you and Us cannot resolve it informally and you wish to pursue arbitration, you must first send an individual Notice of Dispute to our principal address. We’ll do the same if we have a dispute with you. This Notice of Dispute is a prerequisite to initiating any arbitration. Any applicable statute of limitations will be tolled from the date of a properly submitted individualized Notice of Dispute through the first date on which an arbitration may properly be filed under this section 15.
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- Small Claims Court Option. Instead of sending a Notice of Dispute, either you or we may sue the other party in small claims court seeking only individualized relief, so long as the action meets the small claims court’s requirements and remains an individual action seeking individualized relief. The small claims court must be in your county or residence (or, if a business, your principal place of business).Â
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- Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (of if you are an individual and use the Service for personal use, or if the value of the dispute is less than $75,000 whether or not you are an individual or how you use the Services, its Consumer Arbitration Rules). The AAA’s Mass Arbitration Supplementary Rules, as modified by this section, will apply in Related Cases. To initiate an arbitration, submit a Demand for Arbitration to the AAA and mail a copy to us. The form must contain information that is specific to you and your claim. In a dispute involving $25,000 or less, any hearing will be telephonic or by videoconference unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business). The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim, but not relief that would affect non-parties. The arbitrator rules on all issues except that a court has exclusive authority: (i) to decide arbitrability, as well as formation, existence, scope, validity, and enforceability of this arbitration agreement; (ii) to decide whether the parties have complied with the pre-arbitration requirements (including the individualized Notice of Dispute and Demand for Arbitration forms); (iii) to enforce the prohibition on class, representative, private attorney-general, or combined actions or proceedings, or public injunctive relief; and (iv) to enjoin an arbitration from proceeding if it does not comply with this section. If your Notice of Dispute involves claims similar to those of at least 24 other customers, and if you and those other customers are represented by the same lawyers, or by lawyers who are coordinating with each other, you and we agree that these claims will be “Related Cases.” You and we agree that the AAA’s Mass Arbitration Supplementary Rules in effect when the Demand for Arbitration is filed, as modified by this section 15, will apply to Related Cases. Related Cases may only be filed in batches of up to 50 individual arbitrations at a time, and those individual arbitrations will be resolved in the following manner: (i) for the first batch, each side may select up to 25 of these Related Cases to be filed and resolved in individual arbitrations under this section 15; (ii) none of the other Related Cases may be filed or prosecuted in arbitration until the first batch of up to 50 individual arbitrations is resolved; and (iii) if, after that first batch, the parties are unable to resolve the remaining Related Cases, a second batch of Related Cases may be filed, where each side may select up to 25 of the Related Cases to be resolved in individual arbitrations under this section 15. This process of batched individual arbitrations will continue until the parties resolve all Related Cases informally or through individual arbitrations. A court has exclusive authority to enforce this paragraph, including whether it applies to a given set of claims, and to enjoin the filing or prosecution of arbitrations that do not comply with this paragraph.
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- Arbitration Location and Payment of Fees. The Arbitration shall be held at a location determined by the AAA (provided that such location is reasonably convenient for you). Irrespective of who prevails in arbitration, you will only be responsible for paying your share, if any, of the arbitration fees required, which amount shall not exceed the filing fees you would have incurred if the Claim had been brought in the appropriate state or federal court closest to your residence. We will pay the remainder of the arbitration fees. At your written request, we will consider in good faith making a temporary advance of all or part of your share of the arbitration fees. Waivers also may be available from the AA.Â
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- Severability and Survivability. This Arbitration Provision shall survive termination or expiration of these Terms of Use, your registration, your membership, any voucher, any offer in our store or the termination of the site or our operations, and any bankruptcy by you or us. If any portion of this Arbitration Provision, except the “Class Action Waiver and Other Restrictions” provision above, is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of the Arbitration Provision, these Terms, or any predecessor agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.Â
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- Limitation of Liability and Indemnification. To the fullest extent permitted by law, the Provider’s liability for any claims arising from this Agreement or services provided shall be limited to the amount paid for services over the past 24 months prior to the dispute. The Client agrees to indemnify and hold harmless the Provider, its employees, and agents from any claims, damages, or losses resulting from inaccurate information provided by the Client or failure to comply with this Agreement.
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- Miscellaneous ProvisionsÂ
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- Modification of Agreement. This Agreement may only be modified or amended by a written document signed by both the Provider and the Parent/Guardian. Â
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- Governing Jurisdiction. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts of Miami-Dade County, Florida, for all disputes arising out of or relating to these Agreement that are not heard in arbitration or small claims court.Â
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- Force Majeure. Neither party shall be liable for delays or failure to perform obligations under this Agreement due to events beyond their reasonable control, including but not limited to natural disasters, government actions, or public health emergencies. The affected party shall notify the other promptly and resume performance as soon as practicable.
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- Severability. Â If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.Â
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- Notices. All notices required under this Agreement shall be in writing and delivered via email, certified mail, or hand delivery to the addresses provided by each party. Notices shall be effective upon receipt.Â
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- No Waiver. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.Â
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- Entire Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements, whether written or oral, relating to the subject matter herein.