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Disclaimer and Terms of Participation

DISCLAIMER AND TERMS OF PARTICIPATION

Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by NL Rieves Consulting, LLC (“Company”, “we”, or “us”) and You (“Client” or “You”) agree to the follow terms stated herein.

PROGRAM/SERVICE

NL Rieves Consulting, LLC (herein referred to as “NL Rieves Consulting, LLC” or “Company”) agrees to provide Program, “Your Ultimate Guide to Major Gift Fundraising” (herein referred to as “Program”) identified in online commerce shopping cart. As a condition of participating in the Program, You agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

As part of the Program, the Company shall provide the following to Client:

A Password Protected Program Area: The Company shall maintain a Program Area that will include video, audio and written lessons, templates, exercises, checklists, slide decks and other training and support information. You shall have access to this Program for 2 years. In the event that Company intends to close the Program area, it shall provide clients with a 30-day notice and the ability to download the resources contained in the Program Area.

VIP Program Participant Facebook Group: The Company shall create and maintain a closed Facebook group for students of the Program (“the VIP Program Closed Facebook Group”). The VIP Program Closed Facebook Group shall be open for a period of 8 weeks beginning June 24, 2019. This is a community run group, meaning that students are encouraged to help each other.

The Company employs a Community Manager, who is charged with overseeing the group and ensuring that it runs smoothly. Nancy Rieves will conduct live Question and Answer sessions each week inside the VIP Program Facebook Group. The Company reserves the right to discontinue these question and answer sessions at any time without any advanced notice. At the completion of Your 8 weeks of access to the Program Facebook Group, the Company will determine the continuation of the Program Facebook Group.

From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions.

DISCLAIMER

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to Your participation in the Program.

Client understands Nancy Rieves (herein referred to as “Consultant”) and NL Rieves Consulting, LLC, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure major gift contributions, employment or business for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties wish to continue their relationship, they shall execute a separate agreement.

FEES

In consideration of Your access to the program, You agree to pay the fees of the program You select. Program 1 is Independent Study for a total fee of $497 due when You register. Program 2 is VIP. The fee for VIP is $997. You may pay for Program 2 in full when You register, or You may choose to pay for Program 2 in 2 payments of $498.50 – the first payment is due when You register and the second payment is due 30 days from the start of the program. If You opt for 2 payments on the VIP Program, You will remain responsible for the second payment unless You obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend Your access to the Program.

METHODS OF PAYMENT

If You elect the VIP payment plan, You hereby authorize the Company to charge Your credit card or debit card will be charged automatically according to the terms set forth in the Fees section above.

Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for You are declined for payment of Your fee, You must provide a new eligible payment method promptly or Your program access will be removed.

If You do not request a refund within the terms of the program with the required coursework at the time of Your refund request, You are required by law to complete Your payment plan and You understand that Your membership will automatically continue and You authorize us (without notice to You, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for Your account.

REFUND POLICY

We want You to be satisfied with Your purchase, but we also want You to give Your best effort to apply all of the strategies in the course. The Company provides a 21-day money-back guarantee for the Program. That money-back guarantee is governed by the Refund Policy/Money Back Guarantee (link to Terms and Conditions).

We will NOT provide refunds for any request that comes more than 21 days following the date the course begins. After day 21, all payments are non-refundable and You are responsible for full payment of the fees for the program regardless of whether You complete the program. Please note: If You opted for the VIP plan and You do not request a refund within 21 days, with the required coursework at the time of Your refund request, You are required by law to complete the remaining payment of Your payment plan.

Upon determining that You are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If You receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted You to use the material provided to You under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to You, including without limitation: video recordings, audio recordings, forms, template documents, slide decks, membership areas, social media groups limited to paying members, and other resources.

All refunds are discretionary as determined by NL Rieves Consulting, LLC. To further clarify, we will not provide refunds for requests made after the 21st day from the course start date and all payments on the VIP plan must be timely. If payments are not made on time, You agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

If You have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: [email protected].

CONFIDENTIALITY

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, You hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.

Specifically, You shall not share any information provided by other Program participants outside of the bounds of the Program unless You receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information.

You hereby agree not to share the information provided to You in the Program with anyone other than your organization and other Program participants.

NO TRANSFER OF INTELLECTUAL PROPERTY

All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.

Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any
way exploit any of the content, in whole or in part, found in the Program.
The Company content is not for resale. Your participation in the Program does not entitle You to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely
for Your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. We do not grant You any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if You violate the Company’s intellectual property rights, Your access to the Program will be terminated immediately, and You shall not be entitled to a refund of any portion of the fees. Furthermore,
You agree that if You violate the Company’s intellectual property rights, You will be liable to the Company for damages as determined by a court of competent jurisdiction.

INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

FORCE MAJEURE

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

SEVERABILITY/WAIVER

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

MISCELLANEOUS

You agree to absolve and do hereby absolve the Company of any and all liability or loss that You or any person or entity associated with You may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to You for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss, or damages for use of the Program.

The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in
the Program at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are
provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability,
fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits
arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If You are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.

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.

ASSIGNMENT

Client may not assign this Agreement without express written consent of Company.

MODIFICATION

Company may modify terms of this agreement at any time. All modifications shall be posted on the NL Rieves Consulting, LLC’s website and purchasers shall be notified.

TERMINATION

The Company reserves the right, in its sole discretion, to terminate Your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by You, your violation of any terms of this
Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with the Company in asserting any available defenses.

RESOLUTION OF DISPUTES

You hereby expressly waive any and all claims You may have, now or in the future, arising out of or relating to the Program. To the extent that You attempt to assert any such claim, You hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Birmingham, Alabama.

MAJOR GIFT DISCLAIMER

Every effort has been made to accurately represent this product and its potential.

This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook or any other social media platform, nor have they been reviewed tested or certified by them.

There is no guarantee that You will receive any major gifts using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of your receiving major gifts. Major gifts are entirely dependent on the person implementing their strategies, their ideas. and their techniques. We do not position this product as a program that is a quick fix or a program that does not require your hard work.

Any claims made of actual contributions, gifts or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time You devote to the program, ideas, and strategies mentioned, as well as client’s knowledge and skills. Since these factors differ according to individuals, we cannot guarantee Your success or contribution level. These factors all differ according to individuals and organizations, and we do not, nor can we guarantee Your success. Nor are we responsible for any of your actions. Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and
other words and terms of similar meaning in connection with a description of potential contributions or financial performance.

Any and all forward-looking statements here or on any of our sales material are intended to express our opinion of the opportunities in major gift fundraising. Many factors will be important in determining your actual results and no guarantees are made that You will achieve results similar to ours or anybody else’s. In fact, no guarantees are made that You will achieve any results from our ideas and strategies in our material.

OUR MINIMUM GUARANTEES

Unless otherwise noted, our products come with a 21-day guarantee. If any longer conditional guarantees apply, our sales material will explicitly state the guarantee at the time of your order. If You do not understand or agree with any of these conditions, please do not order this material. If You require further clarification, please contact [email protected]