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JOLT Early Adopter (Payment Plan)

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Terms and Conditions

JOLT! HIGH VOLTAGE RECRUITING
TERMS & CONDITIONS

By clicking the payment button and entering your credit card information, making a payment, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree that you are purchasing a subscription to the JOLT! High Voltage Recruiting program (“Program”) by Workman Success Systems, LLC (“Company”), and are entering into a legally binding subscription agreement (“Subscription Agreement”) with Company, subject to the following terms and conditions:

GENERAL TERMS & CONDITIONS:

Upon execution of this Subscription Agreement, based upon the payment option selected by Client, Client hereby acknowledges that it is entering into an annual Subscription Agreement with Company, either paid in full upfront or paid via monthly installments.

Upon execution of this Subscription Agreement, electronically, verbally, or otherwise, the Company agrees to provide tools, content, and resources in accordance with the Program. The scope of services rendered by the Company pursuant to this Subscription Agreement shall be solely limited to those contained therein and/or provided for on the Company’s website.

Client is responsible for his/her own success and implementation of desired objectives.

PAYMENTS, TERM, TERMINATION & REFUND POLICY:

If Client chooses the annual payment option:

Client hereby grants Company permission to charge Client’s credit card for the full annual subscription fee immediately;

The annual fee processed pays for access to the Program immediately and for 365 days thereafter, which defines and constitutes the term (“Annual Term”) of this Subscription Agreement. Once any annual subscription fee has been processed by Company, it is non-refundable;

Except as provided in 1(d) below, unless Client provides Company with thirty (30) days written notice of its intent to terminate the Subscription Agreement at the end of each Annual Term, the Program will automatically renew and the client will be charged an annual renewal subscription fee in the amount of $997.

Optionally, after the initial Annual Term, Client may, upon thirty (30) days written notice to Company, elect to switch to a month-to-month term (“Month-to-Month Term”), in which case the monthly subscription fee would be $97. Client would then be subject to the terms and conditions of Paragraphs 2 below.

If Client chooses the month-to-month payment option:

Client hereby grants Company permission to charge Client’s credit card for the monthly subscription fee immediately and for eleven (11) consecutive months thereafter;

Client understands that the month-to-month payment option is for a 12-month agreement, which is non-cancellable during the first 12 months. Once any monthly subscription fee has been processed by Company, it is non-refundable;

Each monthly subscription fee processed pays for access to the Program from the date of the payment to the same day the following month;

If Client's credit card is declined for any reason, Company reserves the right to immediately suspend Client's participation until full payment is made. This suspension includes access to all tools, apps, modules, materials, etc. Additionally, a 2% interest fee will be charged for each day the payment is late, up to a maximum of thirty (30) days. If the Client fails to make the payment within thirty (30) days, the account will be sent to collections;

At the end of the initial 12-month term, the Program will automatically switch to a Month-to-Month Term, and the monthly renewal subscription fee shall be reduced to $97 per month. The Subscription Agreement with Month-to-Month Terms, may be canceled by Client upon thirty (30) days written notice to the Company.

OTHER TERMS & CONDITIONS:

PARTICIPATION DISCLAIMER. By participating in this Program, Client acknowledges that Company and its representatives and coaches are not legal or accounting professionals or the like. Client further understands and acknowledges that the information provided in the Program should be considered as recommendations or suggestions, not legal or accounting advice, and is not a substitute for advice from qualified professionals. Further, Company does not warrant the accuracy of any information provided and is not liable for the decisions or actions by Client as a result of any communicated advice.

INTELLECTUAL PROPERTY RIGHTS. In respect of the tools, content, and other resources included with the Program, Company retains all ownership and interest in and rights to all copyright, intellectual property, and any other data or material used or subsisting in the material, whether finished or unfinished. Nothing in this Subscription Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Client, nor grant any right or license other than those expressly stated in this Subscription Agreement. The Client acknowledges and confirms (a) ownership of the respective intellectual property rights by Company and (b) that any use of the Company's intellectual property beyond the scope of this Subscription Agreement is strictly prohibited.

USER TERMS. Client agrees that Client will not copy, modify, adapt, enhance, translate or create a derivative work of the Program for or any part thereof. Client will not license, sublicense, market or distribute the Program, or provide any copies to a third party. Client will not attempt to reverse engineer, decompile, disassemble or make error corrections to any part of the Program.

RIGHT TO TERMINATE. Company has the right to terminate the Subscription Agreement at any time at its discretion and will provide Client with a refund for any part of the program not completed that otherwise had been paid for in advance.

GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Subscription Agreement.

LIMITATION OF LIABILITY. Client accepts and assumes any and all risks, foreseeable or unforeseeable, arising from participation in the Program. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from use or misuse of the Program, including but not limited to, direct, indirect, incidental, special, negligent, consequential, or exemplary damages. Client agrees that the use of this Program is at the user’s own risk.

INDEMNITY. Client agrees to indemnify and hold Company and all related parties, including, without limitation, Company's agents, directors, officers, employees, affiliates, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs, including, without limitation, reasonable legal fees and expenses incurred by the Indemnified Parties in connection with any claim or demand arising out of or connected to use of the Program. The disclaimers, liability exclusions, liability limitations, and indemnity provisions in this Agreement survive indefinitely after the termination of this Subscription Agreement and apply to the extent permitted by law. Without limiting the foregoing, Client will indemnify and save the Indemnified Parties harmless from and against all liability, costs, loss, expenses, and damages, including direct, indirect, and consequential, incurred by the Indemnified Parties as a result of any of the Indemnified Parties making the Program available to Client.

This indemnity shall enure to the benefit of the Indemnified Parties and shall be binding upon You and Your successors and assigns and shall survive the termination of this Agreement for any act or omission prior to termination as gives rise to an indemnified claim, even if notice is received after termination.

WARRANTIES AND LIABILITIES. Client acknowledges and agrees that: (a) Company does not warrant the operability or functionality of the Program for Client; and (b) Company does not guarantee the availability or operability of any digital or wireless networks. Client explicitly excludes Company from all liability whatsoever in relation to the Program, and by extension its respective directors, officers and employees, including, without limitation, any liability in relation to the use or the performance or non-performance of the Program.

AVAILABILITY OF THE SERVICES. Client acknowledges that the availability of the Program depends on telecommunications systems, computer hardware and software, and other equipment, including equipment belonging to the Company and third parties and that there is no guarantee or obligation to provide continuous or uninterrupted service. The Company is not liable for any cost, loss, damage, injury, inconvenience, or delay of any nature or kind whatsoever, whether direct, indirect, special, or consequential, that Client may suffer in any way arising from non-continuous or interrupted service or Company providing or failing to provide the Program, or from the malfunction or failure of telecommunication systems, computer hardware or software, or other equipment, or other technical malfunctions or disturbances for any reason whatsoever, nor is Company liable for any lost, incomplete, illegible, misdirected, intercepted, or stolen messages, or failed, incomplete, garbled, or delayed transmissions, or online failures (collectively, "Interruption Claims"), even if Client has advised Company of such consequences. Client releases and agrees to hold Company harmless from any and all Interruption Claims.

DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Subscription Agreement, every controversy or dispute to this Subscription Agreement will be submitted to a mediator of Company’s choice. The mediation shall occur within ninety (90) days from the date of the initial mediation demand and shall take place in the State of Utah. The Parties shall cooperate in exchanging and expediting discovery as part of the mediation process and shall cooperate with each other to ensure that the mediation process is completed within the ninety (90) day period. Failure to reach an agreed-upon settlement will result in further legal action.

GOVERNING LAW. This Subscription Agreement is subject to and will be interpreted in accordance with the laws of the State of Utah and any disputes arising out of this Subscription Agreement will be adjudicated in the State of Utah.

ENTIRE AGREEMENT. This Subscription Agreement contains the entire Subscription Agreement between the parties and supersedes all prior Subscription Agreements between the parties, whether written or oral.

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