Course Access - ACCELERATE
This Course Access Agreement, hereinafter referred to as "Agreement," is made between the group program organizer ("Organizer"), specifically as follows:
Jacqueline Simek LLC, a limited liability company, organized under the laws of the state of New York, having its principal place of business at the following address:
1381 North Vulcan Ave
Encinitas CA 92024
Website Address: www.jackiesimek.com (the "Website")
Email: jackie@jackiesimek.com (the "Business Email")
and you, as a participant (hereinafter referred to as "you" or "Participant") in Accelerate ("Course Access"), defined further below.
Your participation in Course Access is subject to each of the terms and conditions contained within this Agreement, all parts and sub-parts of which are specifically incorporated by reference here. By clicking "Purchase," "Confirm," "Attend," or undertaking any other affirmative action manifesting your intent to participate in this Course Access, including providing the Organizer with credit card or billing information to be charged for your participation, you acknowledge and agree that you are entering into a legally binding agreement with the Organizer.
YOU AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND ANY AMENDMENTS THERETO. READ THIS AGREEMENT CAREFULLY BEFORE MANIFESTING YOUR ASSENT, ESPECIALLY SINCE THIS AGREEMENT MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT MANIFEST YOUR ASSENT TO PARTICIPATE IN THE COURSE ACCESS.
Article 1 - COURSE ACCESS:
Organizer agrees to provide, organize, and maintain the following Course Access:
Name of Course Access: ACCELERATE
Description of Course Access:
5 EFT Tapping videos every entrepreneur needs to be confident, make bold moves + cash. This is an online library of five videos housed in Thrive Cart Learn.
Access URL For Course Access: A sign-in link will be provided via email through Thrive Cart Learn, upon purchase.
Total Fees: $33 (thirty-three US dollars) ("Total Fees")
Option to add on Matcha & Mindset Mornings for $57 (fifty-seven US dollars).
Any additional applicable details for the Course Access will be made available to you prior to purchase or confirmation. Such details will be provided by Organizer. Any such page, text, or email including any additional details for the Course Access is hereby incorporated by reference and shall be considered part and parcel of this Agreement.
Article 2 - Course Access TERMS
After confirmation of your participation in the Course Access, you may not be able to begin until the specified start date. You must complete the Course Access by the specified end date.
We do not offer any promises or guarantees with regard to our Course Access. You hereby acknowledge and agree:
A) You are solely and exclusively responsible for the choices that you make with regard to this Course Access, the materials contained within it, or any significant changes to your business or life;
B) You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;
C) We are not liable for any result or non-result or any consequences which may come about due to your participation in the Course Access;
D) This Course Access does not constitute a therapeutic relationship or a medical one. We do not provide therapy or medical services and you are responsible for procuring these services at your own will and discretion if needed.

Article 3 - PAYMENT:
As full compensation for Course Access and the rights granted to the Participant in this Agreement, the Participant shall pay Organizer the fees as set forth within this Agreement. Participant hereby acknowledges and agrees that, unless as otherwise set forth, any fees payable hereunder non-refundable.
The entirety of the Total Fee must be paid in accordance with the payment terms selected at the time of purchase. If Total Fee is not received by the Organizer prior to the beginning of your participation in the Course Access or Total Fee is not up to date with the payment schedule, you may not be able to begin the Course Access or your spot may be canceled during the program without prior notice to you. Organizer will seek to remedy any failed payments prior to removal from Course Access.
For the avoidance of doubt, except in the event of a termination event set forth in Article 5, Client shall be responsible for full payment of fees for the entire duration of Course Access, regardless of whether Client attends or completes the relevant Session(s) (as defined in Article 1), and regardless of whether Client has selected Total Fees Full, or an Total Fees plan.
Article 4 - RELEASE OF LIABILITY:
Participant hereby releases Organizer, as well as any of Organizer's affiliates, licensors, suppliers, subsidiaries, parents or other legal representatives, from any claims, demands, damages or other legal action which may arise from Participant's dispute with any other Participant.
Article 5 - TERMINATION:
This Agreement shall continue until canceled as specified above by either Party or until the Participant completes the Course Access. Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement.
Article 6 - INTELLECTUAL PROPERTY:
Participant acknowledges and agrees that the Organizer's name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by the Organizer or its affiliates, licensors, or suppliers.
Participant acknowledges and agrees that the source and object code of the Website and the format, directories, queries, algorithms, structure, and organization of the same are the intellectual property, proprietary, and confidential information of Organizer and its affiliates, licensors, and suppliers.
Organizer may provide Participant with certain information as a result of participation in the Course Access. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Course Access ("Materials"). Subject to this Agreement, Organizer grants you a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your participation in the Course Access. The Materials may not be used for any other purpose, and this license terminates upon your completion of the Course Access, your cessation of participation in the Course Access, or at the termination of this Agreement.
Participant expressly agrees not to do anything inconsistent with Organizer's ownership of all of the intellectual property discussed herein. Participant further agrees that there are no rights, title, or interest in or to any of the Organizer's Intellectual property. In addition, Participant is not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of Organizer or any third party, with the exception of the license granted above.

Article 7 - RESTRICTIONS:
Participant is prohibited from selling or reselling Participant's space in the Course Access, unless Participant has specifically executed a written agreement with Organizer that expressly allows for such activity.

Article 8 - INDEMNIFICATION:
Participant agrees to defend and indemnify Organizer and any of its affiliates (if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Participant's participation in the Course Access, Participant's breach of this Agreement, or Participant's conduct or actions. Participant agrees that Organizer shall be able to select its own legal counsel and may participate in its own defense, if so desired.

Article 9 - REPRESENTATION:
Participant agrees that they are over 18 (eighteen) years of age and may legally consent to and enter into this Agreement or that they have their parent or guardian consenting for them to participate in the Course.
Participant agrees to grant and authorize Organizer the right to take, edit, alter, copy, exhibit, publish, distribute, and make use of any and all pictures or video take of Participant to be used in and for business purposes, including resale of program recordings and promotional materials. This languages, media, formats and markets now known or hereafter devised. This authorization shall continue indefinitely, unless I otherwise revoke said authorization in writing. These materials shall become the property of Organizer and will not be returned.

Article 10 - SEVERABILITY:
If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

Article 11 - DISPUTE RESOLUTION:
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of New York. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Organizer will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

Article 12 - GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the internal laws of New York without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county: New York.