CONFIDENTIALITY
Vertical Pacific, LLC respects Clients’ privacy and insists that the Client respects ours as well. Thus, consider this a mutual non-disclosure Agreement. Any confidential information shared by Vertical Pacific, LLC , Participants or any representative of Vertical Pacific, LLC is confidential, proprietary, and and belongs solely and exclusively to the Client or representative who discloses it. Parties agree not to disclose, reveal, or make use of any confidential information or any transactions during discussions, in a forum or otherwise.
Client agrees not to use such confidential information in any manner other than in discussion with other Clients, or representatives of 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 private information in strictest confidence and shall use their best efforts to safeguard the confidential information and to protect it against disclosure, misuse, espionage, loss, and theft.
Client agrees not to violate the Publicity or Privacy Rights belonging to Vertical Pacific, LLC . Furthermore, Client will NOT reveal any information to a third party obtained in connection with this Agreement or our direct or indirect dealings with Client, including but not limited to, names, email addresses, third-party company titles or positions, phone numbers, or postal addresses. Additionally, Client will not, at any time, either directly or indirectly, disclose confidential information to any third party.
By purchasing our products, you agree that if you violate or display any likelihood of violating this Agreement, Vertical Pacific, LLC and/or the other program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
CLIENT RESPONSIBILITY
Products developed by Vertical Pacific, LLC are for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from products developed by Vertical Pacific, LLC . Vertical Pacific, LLC makes no representations, warranties, or guarantees verbally or in writing. Client understands that because of the nature of products developed by Vertical Pacific, LLC and their extent, the results experienced by each Client may significantly vary. Client acknowledges that, as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in products developed by Vertical Pacific, LLC . Vertical Pacific, LLC 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. Vertical Pacific, LLC assumes no responsibility for errors or omissions that may appear in any program materials.
PERIOD OF USE
Access to all Vertical Pacific, LLC programs and courses shall be made available to clients for a period of 1 year. After a period of 1 year, which begins on the clients date of purchase, Vertical Pacific, LLC is not obligated to continue offering access to its programs or courses. Client understands that although access to programs and courses may continue past the 1 year period, Vertical Pacific, LLC reserves the right to retire / end / cancel any of its programs or courses without limitation, after the 1 year period of use has expired.
AUTHORIZATION AND RELEASE
You understand that your participation in the Program (the “Participation”) may be recorded in audio, video, still image or other form, and you hereby grant to the Company and its representatives, successors, assigns, employees, contractors, licensees, agents, legal representatives, and any person, corporation, or entity acting under their permission or authority or for whom they might be acting, including anyone distributing or disseminating advertising for the products and/or services of the company (collectively the foregoing are referred to as “Producers”): the right and permission to publish, reproduce, distribute, broadcast and/or otherwise use the Participation in such manner, in any medium now known or later developed, worldwide in perpetuity, for such purposes, in whole or in part, as they shall determine in their sole discretion without further compensation or consideration to you and without further authorization by you without any restriction as to changes or alterations (including, but not limited to, composite or distorted representations or derivative works of your Likeness made in any medium) in connection with the development of a coaching library or the promotion of the Company’s business, products, and/or services. You disclaim any interest in the Participation and further acknowledge that they shall constitute the sole property of the Company (or its successors or assigns as the case may be).
You also affirm that any statements or endorsement made by you in your Participation are factually accurate and represent your honest opinions, findings, beliefs, and/or experiences. You hereby waive all rights of ownership, inspection, or approval with regard to any recording, taping, broadcast, reproduction, blurring, distortion, alteration, optical illusion, proposed printed, audio or video publication and/or other use of my name, whether in an intermediary version(s) or finished version(s), the Personal Information and the Participation. You also hereby release, discharge and agree to hold harmless the Producers from and against any and all liability, including, without limitation, claims for invasion of privacy or publicity, defamation or copyright infringement, resulting from their use of your Personal Information, and Participation. You agree that your use of the Service is voluntary, and you assume complete responsibility for your actions in connection therewith.
You hereby warrant that You are over eighteen years of age and competent to contract in Your own name. You agree that this release shall be binding on you, your legal representatives, your heirs, and your assigns.
CASH COW COMMUNITY
By participating in the cash cow community in any way, you agree to abide by the community guidelines and the terms and conditions herein. The cash cow community is a private group that requires permission to be a member. It is paid for on a monthly basis. The client may cancel their membership in the cash cow community at any time. In such a case, the membership will end upon the completion date of the current month they have paid for. The client agrees the cash cow community is a consumable product and therefore, there are no refunds for any previously used months. Company reserves the right to cancel access to any member at any time for any reason. In the event a members access is cancelled by company, the member's access will immediately be terminated. In such a case, if a pro-rated refund is possible for any remaining unused portion, it will be carried out according to the rules outlined by the app or platform that the cash cow community is hosted on.
Client agrees not to post any remarks or images that are disparaging, profane or vulgar. Client agrees to be a positive, helpful and encouraging member in the community. Client understands all posts need to be approved by the company and just because the client creates a post, it does not mean it will be visible or posted in the community. The company reserves the right to determine which posts are visible in the cash cow community.
Client understands the Cash Cow Community is simply a platform for people to share information. It is for entertainment purposes only. Company does not endorse or recommend any information shared on the platform. Any action client takes related to information learned in the cash cow community is solely at their own risk. Client should consult a professional before attempting to do anything they've learned about in the cash cow community. Furthermore, client understands other members may share examples of work, actions or tasks that are done in an unsafe way, that could be dangerous, life threatening, have legal implications, require licensing, require compliance with local laws, or any number of additional requirements or factors. Therefore, we cannot recommend you attempt anything you see or learn about in this community, but if you do, you do so at your own risk. It's up to you to do your own due diligence and research regarding any action you might take. Client understands they should always put safety first and not do anything that could jeopardize their physical heath or safety.
Client agrees they should use caution when interacting with community members and understands the company is not responsible for the posts, actions or statements of members. Client agrees to participate at their own risk and hold the cash cow community and company harmless of any wrong doing in regard to any experiences or interactions they may have in or related to the cash cow community.
Client understands there is no guarantee they will make any money, due to either being in the cash cow community or attempting to make money completing anything they've learned about in the cash cow community. Client understands there is a different between being an employee and being self-employed / business owner. The client understands there is no guarantee they will make money and that in their pursuit to make money, they could incur expenses or even lose money.
The client understands there can be many additional factors that are involved with doing work for others, working for yourself, interacting with customers, being self employed, and offering a service. These additional factors can include (but are not limited to) things like legal protection, safety, taxes, regulations, and more. The client understands it's up to them to do their own due diligence and research to find out what factors could be relevant, related or required when attempting to make money doing any type of work for themselves or others.
MISCELLANEOUS
LIMITATION OF LIABILITY
Client agrees they used Company’s services at their own risk and that Company's courses and products are provided only as an educational service. Client releases (sometimes referred to as “Releasees”) Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff 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 any Company programs or products. 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 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, products, or enrollment in any Program. 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 herein below. 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 statement 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.
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). Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. 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 Client's payment for the right to participate in Vertical Pacific, LLC programs, courses and products the undersigned, your heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Vertical Pacific, LLC 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 (sometimes referred to as “Releasees”) 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, courses and products.