Be Wealthy & Smart VIP EXPERIENCE – CLIENT AGREEMENT
By signing where indicated below, you irrevocably agree that you have elected to participate in one of Global Financial Shift, Inc.’s of 227 Bellevue Way NE, #272, Bellevue, WA 98004 (dba Be Wealthy & Smart VIP EXPERIENCE (VIP) or dba Linda P. Jones) (the “Company” or “we/us”) programs (the “Program”) and that this Client Agreement (the “Agreement”) is a binding contract between you (also, the “Program Client”) and the Company, and applies to your participation in the Program.
By signing below, you are acknowledging that you have read, agree to and accept all of the terms and conditions contained in this Agreement.
PROGRAM: Be Wealthy & Smart VIP EXPERIENCE
You have signed up for the Be Wealthy & Smart VIP EXPERIENCE. See attached Program Summary for detailed description of the program benefits and deliverables, which is incorporated fully herein by reference.
Fees and Expenses:
Fees: You authorize the Company to charge your credit or debit card, or cash your check, as indicated above, as payment for your membership in the Program. Furthermore, you agree that you are responsible for full payment of fees for the Program, regardless of whether you actually complete the Program, and regardless of whether you have selected a lump sum or monthly payment plan. Refunds are allowed within 30 days and all monthly payments must be paid on a timely basis.
Your program fee: Your program fee and payment schedule is indicated in the associated Be Wealthy & Smart VIP EXPERIENCE website page at www.lindapjones.com/VIP. Periodic Invoicing and Payment: If you have chosen one of our payment plans, you are authorizing the Company to automatically charge the credit card that you have provided to us in your application each month for that payment amount. Once the charge is complete, we will provide you with a receipt for your records. You agree that all receipts or other communications regarding payment or this Program may be sent via email and are deemed received on the day the email is sent. If your card is declined for any reason, you authorize us to attempt to charge the card as many times as is necessary to satisfy the amount due. If payment remains unpaid for 30 days, you will be considered in breach of this Agreement. The Company shall be entitled to charge and you shall pay, interest on the unpaid invoice amount at the interest rate of 1.5% per month and reasonable attorney fees and costs incurred for collection of any amounts due.
We are committed to providing all Program Clients with a positive Program experience. By signing below, you agree that the Company may, at its sole discretion, terminate this agreement, and limit, suspend, or terminate your participation in the Program without refund or forgiveness of remaining monthly payments if you become disruptive or difficult to work with, breach this Agreement or if you fail to follow the Program guidelines.
We respect your privacy and must insist that you respect the privacy of fellow Program Clients.
By signing below, you agree not to violate the publicity or privacy rights of any Program Client.
We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, “Confidential Information”) and must insist that you respect the same rights of fellow Program Clients and of the Company.
Confidentiality and Ownership of Intellectual Property:
By signing below, you agree (1) not to infringe the Company’s copyright, patent, trademark, trade secret or other intellectual property rights, (2) that any Confidential Information shared by any representative of the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) you agree not to disclose such information to any other person or use it in any manner other than in discussion with representatives of the Company during Program sessions. By signing below, you further agree that (4) all materials and information provided to you by the Company are its confidential and proprietary intellectual property, belong solely and exclusively to the Company, and may only be used by you as authorized by the Company, and (5) the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited.
Further, by signing below, you agree that, if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
No Representations, Warranties or Guarantees:
We have made every effort to accurately represent the Program and its potential. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including his or her background, dedication, desire, and motivation. By signing below, you acknowledge that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that you will earn any money as a result of your participation in the Program. By signing below, you also acknowledge that you have represented to the Company that payment of your Program membership fees will not place a significant financial burden on you or your family.
DISCLAIMER – NO INVESTMENT ADVICE GIVEN:
By signing this Agreement, you acknowledge that the information provided to you by the Company in no way constitutes a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the creators or providers of the Program or their affiliates will advise You personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. Accordingly, do not attempt to contact them seeking personalized investment advice, which they cannot provide.
We do not invest money or act as a financial advisor to clients or accept investment commissions or fees. You accept all liability resulting from your investment decisions. Financial investing is a speculative, high-risk activity. No offers to buy or sell any security are being made in this Program or by the Company or any printed or electronic materials provided by us.
You understand that the views expressed by Company representatives are only their own opinions. The Program may contain opinions from time to time with regard to securities, and those opinions may be different from those obtained by using another portion of the Program. Past results are not necessarily indicative of future performance. THERE ARE NO ASSURANCES THAT ANY PRIOR SUCCESSES, OR PAST RESULTS, AS TO INVESTMENT EARNINGS, OR OTHER INFORMATION, ARE TO BE USED AS AN INDICATION OF YOUR FUTURE SUCCESS OR RESULTS. FINANCIAL INVESTMENTS ARE NOT SUITABLE FOR EVERYONE. MAKING DECISIONS BASED ON ANY INFORMATION PRESENTED ON OUR SITE, OUR INFORMATION OR OTHERWISE, SHOULD ONLY BE DONE WITH THE KNOWLEDGE THAT YOU COULD EXPERIENCE SIGNIFICANT LOSSES, OR MAKE NO MONEY AT ALL. ONLY RISK CAPITAL SHOULD BE USED IN YOUR INVESTMENTS.
YOU ARE ADVISED TO, AND SHOULD DO YOUR OWN DUE DILIGENCE WHEN IT COMES TO MAKING BUSINESS AND FINANCIAL DECISIONS AND ALL INFORMATION, AND SERVICES THAT HAVE BEEN PROVIDED SHOULD BE INDEPENDENTLY VERIFIED BY YOUR OWN QUALIFIED PROFESSIONALS. PRIOR TO RELYING ON ANY OF THE INFORMATION AND SERVICES IN THIS PROGRAM, THEY SHOULD BE CAREFULLY CONSIDERED AND EVALUATED, WITH AN INDEPENDENT QUALIFIED PROFESSIONAL OF YOUR OWN CHOOSING, BEFORE REACHING A BUSINESS AND/OR FINANCIAL INVESTMENT DECISION. YOU AGREE THAT WE ARE NOT IN ANY WAY RESPONSIBLE FOR THE SUCCESS OR FAILURE OF YOUR FINANCIAL OR BUSINESS DECISIONS, INCLUDING THOSE RELATING TO ANY INFORMATION PRESENTED BY US, OUR COMPANY OR SERVICES.
You acknowledge that there is a substantial risk of loss associated with any trading and financial investment markets. Financial investment losses can and will occur. No financial investment system exists that can guarantee investment profits and protection from losses. All information, opinions, news, research, analyses, prices, commentary, or other content contained on our website or in this Program is only for educational and informational purposes and does not constitute investment advice. Although we have taken reasonable measures to ensure the accuracy of the information, we are not liable for any errors or loss or damage, including without limitation, any loss of profit, which may arise directly or indirectly from use of or reliance on said information. The content in this Program and on our website is subject to change at any time without notice. The Commodity Futures Trading Commission (CFTC) — CFTC RULE 4.41 How risk affects your returns Commodity Trading Involves Substantial Risk of Loss. Your returns may change radically at any time because futures and options are subject, by nature, to abrupt changes in price. Commodity prices are volatile because they respond to many unpredictable factors: weather, labor strikes, inflation, foreign exchange rates, government monetary policies, etc. And, in an individual account, because your position in futures and options is leveraged, even a small move against your position may result in a large loss, including the loss of your entire initial margin payment and liability for additional losses. The same risk of loss applies to a commodity pool, but your loss may be limited to the amount of your investment. Futures and option trading is inherently complex and risky, and it is not appropriate for all investors. You should know how much you potentially can lose and honestly evaluate if you can afford to lose it in view of your financial resources and investment goals. You should share your conclusions with your broker. HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OROVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT.
To the extent any of our Programs involve a model portfolio or an actual portfolio of investments, as described below, such portfolio of investments is chosen by the Company in accordance with our stated investment strategy. Your actual results may differ from results reported for the portfolio for many reasons, including, without limitation: Performance results for the portfolio do not reflect actual trading commissions that You may incur; Performance results for the portfolio do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect Your results; The investments chosen for the portfolio may be volatile. Server, delivery delays and other factors may cause the price You obtain to differ substantially from the price at the time of the alert; The prices of investments in the portfolio at the point in time Prices may be higher than such prices at the time such investments were chosen for inclusion in the portfolio; You may not have the capital to trade as frequently as the portfolio; The size and timing of your purchase or sale of a stock may affect the price of the stock. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN. DO NOT RISK ANY MONEY YOU CANNOT AFFORD TO LOSE. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Finally, You acknowledge and agree that you are participating in this Program at your own risk and it is your responsibility to use or refrain from using the advice, products or services in the Program in a way that is appropriate and safe for you as an individual. General Media Release You hereby authorize the Company and its representatives and agents to photograph you, take motion pictures of you, take video footage of you, and/or make electronic sound recordings of you (herein referred to as photographic, digital or electronic reproductions). You authorize the use of any such photographic or electronic reproductions of yourself in order to advertise, promote, announce or otherwise distribute information about the Program or the Company, including, but not limited to websites, landing pages, email communications, social media like Facebook, Twitter, LinkedIn, or You Tube, radio, television, digital, print and other public media as may be deemed appropriate by representatives the Company. You understand that I may be identifiable from such photographic, digital or electronic reproductions and You are not entitled to attribution, remuneration or compensation of any kind for use of these materials.
NO RULE OF STRICT CONSTRUCTION
Regardless of which party may have drafted this Agreement, no rule of strict construction shall be applied against either party. This Agreement shall be construed as if the parties drafted the Agreement together.
FORCE MAJEURE AND LIABILITY
The Company is not responsible to You for any loss, damages, costs, claims or expenses which may be incurred as a result of its delay in or failure to perform its obligations where such delay or failure is due to causes beyond its control. Causes beyond its control include, but are not limited to: fire, flood, earthquake, accident, civil disturbances, war, rationing or embargoes, strikes, labor problems, delays in transportation, inability to secure necessary materials, delay or failure of performance of any supplier or subcontractor, internet or electricity outages, acts of God and acts of Government.
LIMITS ON DAMAGES
Except for damages arising out of the gross negligence of willful misconduct of either party hereto, the Company shall not be liable to You or Your affiliates, officers, directors, successors or assigns for any incidental, consequential, special or punitive damages or lost profits arising out of this Agreement or the Program, whether liability is asserted in contract or tort and irrespective of whether You have advised or been advised of the possibility of any such loss or damage.
All notices required or permitted under the Agreement shall be in writing and shall be deemed delivered when done so by facsimile, email, in person, or deposited in the United States mailpostage prepaid- to the intended party’s current mailing address, as indicated in the Program Summary Be Wealthy & Smart VIP EXPERIENCE Company: Global Financial Shift, Inc., 227 Bellevue Way NE, #272, Bellevue, WA 98004, LindaPrivate@LindaPJones.com
Except where a party has changed its corporate name or merged with another corporation, this Agreement may not be assigned or otherwise transferred by either party in whole or part without the prior written consent of the other party to this Agreement.
This Agreement may only be amended or modified by prior written agreement of both the Parties.
Except where the Company has a right to seek an Injunction or Collection of payments due, the Parties have the option to use non-binding mediation first to attempt to resolve any dispute arising between the parties under this Agreement. For any Injunction or Collection matters, the Company may seek immediate relief from the appropriate court of law. You waive all rights to trial by jury in any action or proceeding instituted in connection with this Agreement. Any controversy or claim arising out of or relating to this Agreement may be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Washington, in the City of Seattle, County of King, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. In the event any dispute is submitted for binding arbitration, the arbitrators shall prepare in writing and provide to the parties an award including factual findings and the reasons on which their decision is based. The arbitrators shall not have the power to commit errors of law or legal reasoning. The award is subject to review for legal error, confirmation, correction or vacatur in Washington State court. Any matters or proceedings that are not submitted to arbitration as set forth in this Agreement shall take place in the State of Washington, in the City of Seattle, County of King. You waive the defense of forum non conveniens.
Both parties agree to indemnify, defend and hold the other, and their representatives, agents, employees, successors and assigns, harmless for any and all liabilities, damages, claims, suits, judgments, taxes, duties, costs, fees and expenses, including reasonable attorneys’ fees and costs, that arise as a result of or in connection with either parties’ breach of any term or provision of this Agreement, any negligent act or omission or willful misconduct of one of the parties, its agents, employees or subcontractors, or a claim of lien or encumbrance made by third parties relating to work covered under this Agreement.
The parties agree that this Agreement was formed in the State of Washington and will be construed in accordance with and governed by the laws of the State of Washington, without regard to applicable conflicts law. The parties hereto irrevocably consent to and submit to the exclusive jurisdiction of the courts of the State of Washington and county of King.
Any specific rights or remedies provided under this Agreement are not exclusive and are meant to be cumulative of all other rights and remedies available to the parties under governing law.
Time is of the essence in this Agreement. This Agreement may be executed in counterparts. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. The clauses, paragraphs, and subparagraphs contained in this Agreement are intended to be read and construed independently of each other. If any part of this Agreement is held to be invalid, this invalidity will not affect the operation or validity of any other part of this Agreement. You are liable for all attorneys’ fees, costs, expenses and expenditures including, and without limitation, the complete legal costs incurred by the Company in enforcing this Agreement as a result of any default of this Agreement by You. You acknowledge that this Agreement is reasonable, valid and enforceable. However, if a court of competent jurisdiction finds any of the provisions of this Agreement to be too broad to be enforceable, it is the intention of the parties that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable, bearing in mind that it is the intention of the parties to give each the broadest possible protection against disclosure of the Confidential Information. No failure or delay by the parties in exercising any power, right or privilege provided in this Agreement will operate as a waiver, nor will any single or partial exercise of such rights, powers or privileges preclude any further exercise of them or the exercise of any other right, power or privilege provided in this Agreement. This Agreement will inure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns, as the case may be, of the parties. This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or otherwise. Acknowledged and Agreed to by You: Program Summary – Be Wealthy & Smart VIP EXPERIENCE (VIP) is an educational wealth building community that delivers teleclasses, webinars, podcasts, blogs, videos, and reports about wealth building opportunities. This is not a market timing service or a trading advisory. VIP aims to explore economic cycles and financial bubbles and long-term trends for wealth building. It involves 10 LIVE monthly wealth building calls, a VIP Forum, Private Facebook group, recordings, bonus reports and other wealth building training.