TERMS OF SERVICES 

 Published: September 12th, 2025
Effective: September 12th, 2025

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.

 

1. Scope of Financial Coaching Services  

 

1. 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. 

 

1. 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. 

 

1. Fees and Payment Terms. 

 

1. 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. 

 

1. Money Back Guarantee. We offer a 7-day money back guarantee. If you are not satisfied with the coaching program, you may request a full refund within 7 calendar days from the date of your purchase. 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.

 

1. 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. 

 

1. 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. 

 

1. DISCLAIMER – NO FINANCIAL ADVISOR CLIENT RELATIONSHIP FORMED. 

 

1. 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.

 

1. No Offer or Solicitation.  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.

 

1. 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 only 

 

1. Compensation. Fees for Services are only for the Services rendered. EX4 does not receive any form of compensation from outside third parties. 

 

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.

 

1. Termination of Agreement. Services may be terminated by mutual consent of the EX4 and the Client.  

 

1. 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. 

 

1. 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. 

 

1. 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.

 

1. 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). 

 

1. 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.

 

1. 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. 

 

1. 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. 

 

1. 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.

 

1. Miscellaneous Provisions 

 

1. Modification of Agreement. This Agreement may only be modified or amended by a written document signed by both the Provider and the Parent/Guardian.  

 

1. 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. 

 

1. 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.

 

1. Severability.  If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. 

 

1. 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. 

 

1. 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. 

 

1. 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.

 

TERMS OF SERVICE 

 

Published: September 12th, 2025
Effective: September 12th, 2025

 

The EX4 Terms of Service (“Terms”) is an agreement between you and EX4 Growth, LLC (or one of its affiliates) (“EX4” or “We,” “Us,” “Our,”) that governs your use of EX4 products and services. These Terms cover the use of EX4 consumer products, websites, related support and services listed at the end of these Terms (the “Services”). You accept these Terms by creating an account on the EX4 platform, through your use of the Services, or by continuing to use the Services after being notified of a change to these Terms. 

 

Summary of Arbitration Provisions 

This Agreement contains binding arbitration and class action waiver terms that apply to U.S. residents. You and we agree to submit disputes to a neutral arbitrator and not to sue in court in front of a judge or jury, except in small claims court. 

 

Your Privacy.  

Your privacy is important to use. Please read EX4 Privacy Policy (the “Privacy Policy”) as it describes the types of data we collect from you and your devices (“Data”), how we use your Data, and the legal bases we have to process your Data. The Privacy Policy also describes how EX4  uses your content, which is your communications with others, postings, submitted to you to EX4 Growth; and the files, photos, documents, audio, digital works, livestreams, and videos that you upload, store broadcast, create, generate, or share through the Services or inputs that you submit in order to generate content (“Your Content”). Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to EX4’s collection, use and disclosure of your Content and Data as described in the Privacy Policy. In some cases, we will provide separate notice and request your consent as referenced in the Privacy Policy.  

 

Code of Conduct. 

You are accountable for your conduct and content when using the Services. By agreeing to these Terms, you’re agreeing that, when using the Services you will follow these rules: 

• You won’t do anything illegal or try to generate or share content that is illegal.

 

• You won’t engage in any activity that exploits, harms, or threatens to harm children. 

 

• You won’t send spam or engage in phishing or try to generate or distribute malware. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages, or similar electronic communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, Social Security numbers, passport numbers, credit card information, financial information, or other sensitive information, or to gain access to accounts or records, exfiltration of documents or other sensitive information, payment and/or financial benefit. Malware includes any activity designed to cause technical harm, such as delivering malicious executables, organizing denial of service attacks or managing command and control servers. 
• You won’t display or use the Services to generate or share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, self-harm, or criminal activity). 
• You won’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, creating fake accounts, automating inauthentic activity, generating or sharing content that is intentionally deceptive, or manipulating the Services for fraudulent purposes)
• You won’t circumvent any restrictions on access to, usage, or availability of the Services. 
• You won’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, trying to generate or sharing content that harasses, bullies or threatens others, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
• You won’t violate or infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or taking photographs or video/audio recordings of others without their consent for processing of an individual’s biometric identifiers/information or any other purpose using any of the Services). 
• You won’t engage in activity that violates the privacy of others.
• You won’t help others break these rules.

 

Warranties. 

 

EX4, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES AT YOUR OWN RISK AND THAT WE PROVIDE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. EX4 DOES NOT GUARANTEE THE ACCURACY OR TIMLINESS OF THE SERVICES TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOLWEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS. 

 

Disclaimer – No Advisor Client Relationship is Formed. 

 

By accessing or using the Services, you acknowledge and understand the disclosures listed below and agree that no advisor-client relationship is formed. 

 

• No Professional nor Personalized Financial Advice. Some or all of the employees, owners, or affiliates of EX4 (EX4 Member) may hold a designated financial services license (such as a SIES, Series 6, Series 7, Series 63, Series 66, Series 65, Series 3, Series 24, or any regulated financial or insurance license by any state). Even though an EX4 Member may hold a specific licensure, the Services that they provide is not in this professional capacity and no professional advice is being provided.  The information provided through our Services is strictly general in nature and does not consider your personal financial situation, objectives, or needs. It is not intended to be, and should not be construed as, professional investment, financial, or insurance advice. The Services provided are for informational and educational purposes only and are not intended to serve as personalized investment, financial or insurance advice. You should consult with a qualified financial advisor, broker-dealer, or insurance professional before making any investment or insurance decisions 

 

• Scope of Services Provided - Educational Purposes Only. EX4 provides services that are strictly general in nature and do not involve the sale of securities, insurance products, or personalized investment advice. These services do not constitute retail communications, advertisements, or insurance solicitations, but are solely for informational purposes to enhance financial literacy to you. No specific financial products or services are recommended and no information provided is tailored to individual circumstances, requiring consultation with a licensed professional for personalized advice. 

 

• No Offer or Solicitation.  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 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.

 

• Fair and Balance Presentation. It is EX4 intent to present all information 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 only 

 

 

• 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. 

 

 

Service Specific Terms 

 

 

• Courses 

 

 

 

• Purpose. The Course is an online educational program designed to teach basic financial concepts integrated with Christian principles. It includes pre-recorded videos, written materials, and quizzes. The Course is for informational and educational purposes only and does not constitute professional financial advice. 

 

 

 

• User Conduct. You agree to use the course platform and materials for lawful, personal purposes only and not to engage in activities that disrupt the platform (e.g., hacking, unauthorized access). You may not share your account credentials or course access with others. Sharing access will result in immediate termination without refund. Any user-generated content (e.g., quiz responses, forum posts) must be respectful and not infringe on others’ rights or contain offensive material.

 

 

 

• Financial Disclosure. The courses provide general education and guidance only. They do not constitute investment advice under securities laws (e.g., SEC regulations) or tax advice. Users must consult licensed professionals for personalized financial planning. No representations are made regarding the accuracy of financial examples or projections; markets and laws change, and past performance is not indicative of future results. Users assume all risks for financial decisions; EX4 disclaims liability for losses. 

 

 

 

• Technical Requirements. You are responsible for securing a stable internet connection, compatible device, and any necessary software (e.g., web browser, PDF reader) to access the course. We are not responsible for technical issues on your end (e.g., device malfunctions, internet outages) that prevent access, and such issues do not warrant refunds.

 

 

 

• Course Updates and Availability. We reserve the right to update or modify course content (e.g., videos, materials) to improve quality or reflect new information. Updates are provided at no additional cost during your access period. In rare cases, we may discontinue the course or parts thereof. If this occurs during your access period, we will provide alternative access or a prorated refund at our discretion.

 

 

 

• No Financial Advice: The Courses provide general education and guidance. They are not personalized financial, investment, tax, or legal advice. Consult qualified professionals for your specific situation. 

 

 

 

• No Outcome Guarantee. While EX4 strives to help you achieve better financial habits, success depends on your effort, commitment, and external factors beyond our control (e.g., market conditions, personal circumstances). EX4 does not guarantee specific financial outcomes. Any examples or testimonials are illustrative and not guarantees.

 

 

 

• As-Is: Services are provided "as is" without warranties of accuracy, completeness, or fitness for a particular purpose.

 

 

 

• Coaching 

 

 

 

• Purpose. The Coaching Program is an online service providing personalized guidance to help clients develop and maintain healthy financial habits, incorporating Christian values. It may include live or recorded sessions, email support, and action plans. This is not a substitute for professional financial or legal advice.

 

 

 

• Coach-Client Relationship. The coaching relationship is professional and limited to financial habit guidance. It is not a fiduciary or advisory relationship. Sessions do no replace professional services.

 

 

 

• Financial Disclosure. The coaching services provide general education and guidance only. They do not constitute investment advice under securities laws (e.g., SEC regulations) or tax advice. Users must consult licensed professionals for personalized financial planning. No representations are made regarding the accuracy of financial examples or projections; markets and laws change, and past performance is not indicative of future results. Users assume all risks for financial decisions; EX4 disclaims liability for losses. 

 

 

 

• Technology Requirements: You are responsible for securing a stable internet connection, compatible device, and any software (e.g., Zoom) required for sessions. Technical issues on your end do not warrant refunds or rescheduling unless caused by our platform.

 

 

 

• Recording and Testimonials: Sessions may be recorded for quality assurance or your future reference, with your consent where required by law. Recordings are confidential and will not be shared publicly without your written permission. By using the Coaching services, you consent to being recorded. With client consent, we may use anonymized testimonials or session excerpts for marketing.

 

 

 

• Respectful Conduct: You agree to engage respectfully during sessions, refraining from abusive language or behavior. We reserve the right to terminate a session or the program without refund if you violate this policy.

 

 

 

• No Financial Advice: The Coaching Program provide general education and guidance. They are not personalized financial, investment, tax, or legal advice. Consult qualified professionals for your specific situation. 

 

 

 

• No Outcome Guarantee. While EX4 strive to help you achieve better financial habits, success depends on your effort, commitment, and external factors beyond our control (e.g., market conditions, personal circumstances). EX4 does not guarantee specific financial outcomes. Any examples or testimonials are illustrative and not guarantees.

 

 

 

• As-Is: Services are provided "as is" without warranties of accuracy, completeness, or fitness for a particular purpose.

 

 

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. 

 

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. 

 

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. 

 

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). 

 

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.

 

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. 

 

Severability 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. 

 

Limitation of Liability. 

 

You agree to hold EX4 harmless from all information provided in any and all programming, prerecorded or live, and in any and all Content and Materials we provide. 

 

If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from EX4 or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to $10.00 if the Services are free). You can’t recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive damages. These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or failures of its essential purpose or if we know or should have known about the possibility of damage. To the maximum extent permitted by law, these limitations and exclusions apply to anything, or any claims related to these Terms, the Services, or the software related to the Services. 

 

Intellectual Property 

 

All content, including videos, materials, worksheets, and any integrations ("Content"), is owned by EX4 or our licensors and protected by copyright, trademark, and other laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Content for personal, non-commercial purposes during your enrollment. You may not copy, distribute, modify, or create derivative works from the Content without EX4 written consent. Violation may result in termination and legal action.

 

Except as expressly provided under these Terms, EX4 does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by EX4 or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to EX4 any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Feedback"), you give to EX4, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires EX4 to license its software, technologies or documentation to any third party because EX4 includes your Feedback in them.

 

Miscellaneous Terms 

 

• Assignability. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services. 

 

• Severability All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we cannot enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of the Terms will not change. This Severability Provision does not apply to the Arbitration Provision in this agreement which has it’s own severability standard. 

 

• Benefit. Terms are solely for your and our benefit; they are not for the benefit of any other person, except for EX4’s successors and assigns.

 

• Choice of Law and Jurisdiction. If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. 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 Terms or the Services that are not hear in arbitration or small claims court. 

 

• Entire Agreement. This is the entire agreement between you and EX4 for your use of the Services. It supersedes any prior agreements between you and EX4 regarding your use of these Services.