THE PACE PRIVATE TERMS AND CONDITIONS OF PURCHASE
The PACE Private Agreement (“Agreement”) is made between HeartCore Women d/b/a HeartCore Business (“HeartCore” or “We”) and (“You”). HeartCore and You each acknowledge and agree to and accept the following terms and conditions:
1. Program Participation and Business Coaching Services. By accepting this Agreement, You will become a member of The PACE Private Program (“Program”) wherein HeartCore will provide You with high level group business coaching over a 12-month period. The Program includes 3 Accountability Calls a MONTH 3 Accountability Calls a MONTH to keep you clear and on track (VALUE $3,400), 2 Monthly Private POD Coaching Calls with an Expert Entrepreneur Coach (VALUE $12,000), 1 Year Membership to the Club – Learn how to sell like a pro with 6 monthly sales coaching calls (VALUE $3,600), 35 Self-Paced and In-Depth Training Modules (VALUE $7,500), Access to a 2-Day Mastermind with Shanda (VALUE $5,000), Monthly Price List & Copy Workshop (VALUE $1200, 1 VIP Client Zone 2021Ticket (VALUE $695), 24/7 Q&A with HCB Community (PRICELESS). HeartCore’s business coaching services are provided solely for Your commercial or business use.
2. Payment for the Program. The Program is a 12-month commitment between HeartCore and You. HeartCore agrees to provide the services described in Section 1. In exchange for these services, You agree and accept to either make a pay in full payment or pay monthly over the payment plan chosen. You agree and accept to remit the down payment and the balance payments to HeartCore via a pre-authorized electronic debit to the bank account or credit card specified by You during the down payment. You agree and accept to make the down payment and balance payments regardless of Your level of participation in the Program.
3. HeartCore Does Not Guarantee Results. HeartCore is convinced You will derive great benefits from Your participation in the Program and is dedicated to helping You become as successful as You envision. However, HeartCore does not guarantee or represent in any way that You or Your business will attain a certain level of sales, profits, earnings, or any other metric of success, either in the short-term or long-term. You and Your business’s success depends on many factors, including but not limited to Your personal motivation, Your time commitment, how effectively You implement the strategies taught in the Program, Your efficiency in following up on each phase of the Program, and the particular market and industry in which Your business operates. Your participation in this Program is an investment. None of the stories shared or examples used in HeartCore’s materials, on its website, or during its calls or events is a guarantee of any particular result or success. HeartCore disclaims any express or implied promise or representation other than those contained in this Agreement.
4. Confidentiality. You agree and accept that HeartCore’s methods, processes, and strategies taught in the Program are the sole and exclusive property of HeartCore and constitute a confidential proprietary system that is protected by law, including but not limited to copyright, trademark, and trade secret law. HeartCore’s system includes all materials associated with the Program and the related VIP Client Coaching Program, all business coaching strategies We teach, and all associated coaching advice. You agree not to duplicate, disseminate, distribute, or otherwise disclose any part for any reason to third parties unless such disclosure (i) is part of the Program, (ii) is required by valid legal process (whereby You agree and accept to provide prompt written notice of such legal process to HeartCore so that We can take appropriate legal action to protect HeartCore’s interests), or (iii) concerns matters or materials that have lawfully become part of the public domain. You further agree and accept that any violation of the terms of this Section 5 will cause substantial and irreparable harm to HeartCore and that HeartCore is entitled to seek any form of legal redress available, which may include injunctive relief and substantial damages.
5. Cancellation of the Program. Once you accept the terms and condition of purchase, no payments will be returned and You are still responsible for any payments due. If you fail to make any payment on time and fail to correct such missed payment within 30 days, or if You fail to make any two payments on time, HeartCore is permitted to cancel Your participation in the Program. Upon cancellation, You agree and accept to pay to HeartCore a cancellation fee equal to (i) the amount of any missed payments, plus (ii) 50% of the remaining amounts due under the agreement. The cancellation fee is due immediately and HeartCore is authorized to collect such fee immediately, including by debiting Your bank account or credit card on file. You agree and accept that the cancellation fee is an amount of agreed upon damages and is not a penalty. HeartCore shall have no further obligations to perform under this Agreement following cancellation.
6. Termination from Program. You agree and accept that HeartCore may terminate You from the Program by providing You with written notice of termination if We determine in our discretion that You are conducting Yourself or Your business in a manner that is disparaging or disruptive to HeartCore, that infringes upon HeartCore’s intellectual property or other rights, or that violates the confidentiality provisions set forth in Section 5. Termination under this Section 6 does not constitute cancellation, and all payments under Section 2 shall immediately become due and payable upon termination.
7. Advice Not Given. You agree and accept that the Program is not intended to and does not provide You or Your business with any legal, tax, financial, or accounting advice.
8. Use of Likeness. You agree and accept that HeartCore is authorized to record, photograph, or otherwise capture Your likeness, voice, images, interviews, and statements made in connection with Your participation in the Program (except for private coaching sessions) for HeartCore’s own use. You hereby assign to HeartCore all rights, title, and interest to have and to use, royalty free, any such likeness or portion of Your participation in the Program for advertising, marketing, documentary, informational, training, or any other lawful purpose.
9. Arbitration Agreement. HeartCore and You each agree and accept that any dispute arising out of or related to this Agreement or the Program shall be submitted to binding arbitration and heard by a single arbitrator. Arbitration shall be conducted on an individual basis and not on a class, representative, or consolidated basis. By agreeing to binding arbitration, HeartCore and You are each giving up the right to have any claims against the other that already exists or may exist in the future considered by a court or a jury. The arbitrator shall be provided by JAMS, which makes its rules and terms of arbitration available at www.jamsadr.com, and shall be selected by mutual agreement. Either HeartCore or You may initiate arbitration by giving written notice of arbitration to the other and filing a demand for arbitration with JAMS. If an arbitrator is not selected within 30 days of the date the demand for arbitration is filed, then JAMS is authorized to select a neutral and independent arbitrator, which decision shall be final and conclusive. The arbitrator is authorized to issue any form of relief authorized by applicable law, including injunctive relief, declaratory relief, and damages. The prevailing party in any dispute shall be entitled to recover all costs and attorney’s fees incurred in connection with arbitration (including any costs and attorney’s fees incurred in court seeking to compel arbitration) to the fullest extent allowed by law. The arbitration shall be conducted in San Diego, California, unless otherwise required by law.
11. Entire Agreement. The terms of these terms and conditions constitute the entire agreement between HeartCore and You and supersedes any prior or contemporaneous written, oral, or implied agreement related to the Program. If any portion of this Agreement is unenforceable, such portion shall be severed and the remainder of this Agreement shall be fully enforceable.
12. Governing Law. The construction, interpretation, and application of the terms of this Agreement are governed by the laws of the State of California, without regard to its conflict of law rules.