DEFINITIONS
1. “Confidential Information”, as used in this agreement, includes without limitation, data, databases, know-how, formulae, processes, designs, sketches, photographs, plans, drawings, specifications, samples, reports, wireframes, customer lists, purchasing information, pricing, studies, findings, inventions, copyright materials, spreadsheets, downloads, and ideas as they relate to COMPANY technology.
2. “Discloser” shall mean the party disclosing the confidential information. The “Recipient” shall mean the party receiving the confidential information.
3. All information provided by the discloser under this agreement shall be deemed confidential information except the following:
a. Information that the recipient can demonstrate was publicly available or in its possession prior to the time of disclosure.
b. Information that the recipient can demonstrate was developed independently of or prior to disclosure under this agreement.
c. Information that the recipient can demonstrate it obtained prior to disclosure under this agreement or from a third party without any obligation of confidentiality or limitation of use and which the recipient had no actual knowledge that it was wrongfully obtained or disclosed by the third party.
d. This agreement does not control information or processes unrelated to the confidential information that were created by or possessed by the recipient prior to the disclosure nor does it control information or processes possessed in the future by the recipient unrelated to the confidential information that is being disclosed.
EFFECTIVE DATE OF AGREEMENT
4. This agreement shall be effective immediately. The obligations of the confidentiality and nonuse shall survive termination (and term) of the agreement. The term of this agreement is indefinite, not to exceed that permitted by law, unless terminated upon 30 days written notice by either party.
THIRD PARTIES
5. The recipient shall take all necessary steps to make certain that the confidential information in its possession is not reviewed by anyone other than authorized employees who have also agreed to confidentiality in accordance with the obligations set forth in the summary paragraph above.
PROPERTY RIGHTS
6. All confidential information disclosed shall remain the property of the discloser regardless of if the parties decide to pursue or continue a business relationship. In the event that the parties terminate the relationship or decide not to pursue one, any confidential information possessed by the recipient must be returned to the disclosure and no copies shall be retained.
LEGAL PROCEEDINGS
7. If the recipient is requested or required to disclose confidential information pursuant to a properly issued subpoena from a U.S. court of law or government agency, the recipient shall:
a. Promptly notify the discloser of the existence, terms, and circumstances surrounding the court ordered subpoena or governmental request;
b. Consult with the discloser on the advisability of taking steps to resist or narrow the request;
c. If disclosure of confidential information is required, the recipient shall furnish only such portion of the confidential information as the recipient is advised by counsel is legally required to be disclosed, and
d. Cooperate with the discloser in its efforts to obtain an order or other reliable assurance that confidential treatment be accorded to that portion of the confidential information that is required to be disclosed.
MONEY COACHING SERVICES
8.1 Foundational services to be rendered consist of the following:
a. Budget Planning & Counseling;
b. Debt Elimination Planning
i. COMPANY and its representatives are not licensed to conduct and do not engage in the business of Debt Management.
8.2 Advanced services to be rendered consist of the following:
a. Access to a Personalized Budgeting System online;
b. Credit Counseling & Credit Report Analysis;
c. Home Ownership & Mortgage Counseling;
d. Insurance Counseling; and
e. Any other financial coaching as requested by CLIENT;
f. CLIENT will be eligible for a 30 minute one-on-one video conference call each month
INVESTMENT SERVICES
9.1 COMPANY and its representatives are not licensed financial advisors.
9.2 If requested, COMPANY will invest CLIENT'S investable assests on CLIENT's behalf for no charge.
a. Non-accredited investors are required to engage in Foundational and Advanced Money Coaching Services offered by COMPANY prior to engaging in Investment Services. Money Coaching Services are optional for accredited investors.
b. CLIENT will receive a statement at the close of each quarter stating their profit for the quarter. Profits will be distributed each quarter during the 1st month of the following quarter, unless CLIENT requests profits to be reinvested.
i. Profits are calculated as the difference between the account value and the most recent high water mark. If the closing account value for the quarter is below the most recent high water mark, there will be no profit distribution for that quarter.
ii. Example: The starting account value is $100,000. The closing account value for Quarter 1 is $107,000. During the 1st month of Quarter 2, $7,000 is distributed to the investors, and the high water mark is $100,000. The closing account value for Quarter 2 is $95,000. No profits are distributed for Quarter 2. The closing account value for Quarter 3 is $98,000. No profits are distributed for Quarter 3. The closing account value for Quarter 4 is $103,000. During the 1st month of Quarter 1 the following year, $3,000 is distributed to the investors.
c. COMPANY makes no guarantee of profits. Investing carries risk, and may result in losses. CLIENT shall not hold COMPANY liable for any such losses, including TOTAL LOSS.
d. At any time, CLIENT may request investable assets be deinvested and returned. It may take up to 60 days for investable assests to be returned. If the account value is below the most recent high water mark at the time of the deinvestment, only a percentage of the investable assets will be returned.
REGISTRATION
10. CLIENT shall be assigned a password and username upon registering on the COMPANY website and shall be treated as Confidential Information according to the terms as set forth in this agreement.
TERMS
11.1 There is no charge for Money Coaching Services, however the purchase of 3rd party products/services through COMPANY is required as follows:
a. Foundational Money Coaching Services require the purchase or subscription to LIFE Leadership's Financial Fitness Program;
b. Advanced Money Coaching Services require a subscription to LIFE Leadership's Financial Fitness Services;
c. Purchases of LIFE Leadership's products/services outside of COMPANY are not eligible for Money Coaching Services.
11.2 There is no charge for Investment Services.
TERMINATION
12. Either party may terminate services for any reason, at any time, by notifying the other party.
IN GENERAL
13.1 Neither the holding of discussions between the parties, nor the exchange of confidential information, shall restrict either party from using, disclosing, or disseminating their own information in any way.
13.2 This agreement shall be construed under the laws of the State of Michigan and constitutes the entire understanding between the parties with respect to the confidential information disclosed. The parties confirm that any information that was disclosed between the parties during discussions held between them prior to the date of this agreement shall be subject to the terms of the agreement. This agreement supersedes all previous communications, representations and understandings between the parties with regard to the confidential information subject to this agreement. This agreement contains the complete agreement between the parties concerning disclosure and permitted use of the information. This is considered a final agreement and may only be modified in writing by the parties or their authorized representatives.
13.3 It is agreed that no license under any invention, patent, copyright, trade secret, or other proprietary right is granted directly or indirectly by this agreement or through disclosure.
13.4 No agency, partnership, joint venture, or other joint relations are created by this agreement. The formation of an on-going business relationship and/or agreement for payment in exchange for services, if any, will be documented in a separate fee agreement signed by the parties. This confidentiality agreement will continue in force regardless of whether such an agreement is executed.
13.5 No failure or delay in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof prelude any other or further exercise thereof or the exercise of any right, power, or privilege hereunder.
13.6 If any provision of this agreement is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provisions shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed therein. This agreement may be executed in counterparts, each of which shall be deemed to be an original, and all of which shall constitute the same agreement.
13.7 These terms are subject to change. Your continued use of COMPANY services and website indicates your acceptance of the latest version of these terms.