Terms of Use

Important notices

INFORMATIONAL PURPOSES ONLY: The Company's Platforms, including any content, stories, submissions, event materials, and book-related resources, are provided for general informational and inspirational purposes only and do not constitute legal, financial, tax, medical, or other professional advice. Results, experiences, and outcomes vary and are not guaranteed. Please consult an appropriate licensed professional before making any legal, financial, health, or other professional decision.

IMPORTANT NOTICE REGARDING ARBITRATION: When you agree to these Terms you are agreeing (with limited exception) to resolve any dispute between you and the Company through binding, individual arbitration rather than in court. Please review carefully “Class Action Waiver,” “Arbitration” and “Jury Trial Waiver” below for details regarding arbitration.

1. Your acceptance of these Terms of Use

1.1 Acceptance. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE PLATFORMS. By using or accessing the Platforms or otherwise indicating your acceptance, including without limitation, by clicking “I accept,” submitting a story or other content, registering for a User Account, or participating in a rally or event with the Company, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which policy is incorporated herein by reference. As used in these Terms of Use, “User” or “you” means any person who accesses, browses, submits content to, registers for, or otherwise uses the Platform.

1.2 Conditions to Acceptance. The Company's acceptance is expressly conditioned upon your assent to all of the terms and conditions of these Terms of Use.

1.3 Eligibility. The Company resides in the United States and our Platform are offered and available to users who are 18 years of age or older. We make no representation or warranty that the Platform, or any Content, are appropriate, available, or lawful for use in any particular location. By using our Platform, you represent and warrant that you are of legal age to form a binding contract with the Company. You are solely responsible for determining whether your access to and use of the Platform is permitted under the laws applicable to you. If you do not meet all of these requirements, or if you do not agree to these Terms of Use, you must not access or use the Platform.

1.4 User Representations and Warranties. By accessing or using the Platform, you represent and warrant that: (a) you have the authority to enter into these Terms of Use and to perform your obligations hereunder; (b) if you are accepting these Terms of Use on behalf of a company or other legal entity, you have the authority to bind such entity to these Terms of Use; (c) all information you provide to Company in connection with your registration and use of the Platform is true, accurate, current, and complete; (d) you will maintain and promptly update such information to keep it true, accurate, current, and complete; (e) your use of the Platform will comply with all applicable federal, state, local, and international laws, rules, and regulations; and (f) you will not use the Platform for any purpose that is unlawful or prohibited by these Terms of Use. Any breach of these representations and warranties shall constitute a material breach of these Terms of Use and may result in immediate termination of your access to the Platform.

2. Changes to these Terms of Use and Platforms

2.1 Changes to Terms of Use. These Terms of Use may be modified or amended by the Company in its sole and absolute discretion at any time. If we make material changes and you have registered to use the Platform, we will use good faith efforts to notify you through the Platform. Any change will be effective immediately upon posting on the Platform, and your continued use of the Platform thereafter constitutes acceptance of the revised Terms of Use. If you do not agree to any change, your sole remedy is to stop using and accessing the Platform. You agree to regularly check the Platform to view the then-current Terms of Use.

2.2 Changes to Platform. Company may modify the Platform, including any Content, or any of their components, including altering or rearranging the schedule, format, location, or availability of any story-submission opportunity, rally, event, or web service. Nothing in these Terms of Use obligates Company to maintain or support the Platform, or any portion thereof, during the term of these Terms of Use. We may update the Content from time to time, but it may not be complete or current, and we are under no obligation to update it.

3. User accounts and user registration

3.1 User Account. To use certain features of the Platform, submit a story or other content, or take part in certain virtual, online, or live activities, you may be required to select a login identification (“User ID”) and a unique user password (“User Password”) that is different from your User ID (collectively, a “User Account”). Your User Account is personal to you, non-transferable, and may not be assigned to any other individual under any circumstances. You are solely responsible for maintaining the confidentiality and security of your account credentials and may not share your login information with any other person, regardless of affiliation. We will treat all actions taken through your User Account as if conducted by you, whether or not you authorized them. You agree to notify us immediately of any unauthorized access to or use of your User Account or any other breach of security, to exit your User Account at the end of each session, and to use particular caution when accessing your User Account from a public or shared device.

3.2 Account Information. In setting up and using your User Account, you may be prompted or required to provide additional information, including but not limited to your name and email address, and information necessary to confirm your identity or administer story submissions, rallies, events, communications, or book-related activities. As part of your use of the Platform, we may also collect certain information about you and your participation in the Platform, some of which may be personally identifiable. As set forth in Section 1.4, you are responsible for ensuring the information you provide remains accurate, current, and complete. We may use, maintain, and store this information, including with third parties, in connection with the Platform, and, as further detailed in our Privacy Policy, may share certain materials or information about you with third parties. All information collected in connection with your use of the Platform is subject to and governed by our Privacy Policy, which is incorporated herein by reference.

3.3 Electronic Communications. You expressly indicate your consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Notices”) that we provide in connection with your User Account and your use of the Platform. Notices may include, without limitation, e-mail, in-app messages and in-website chat communications. In addition, Notices may include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email. We may still send you administrative and transactional Notices, however, such as information about your User Account, confirmation of your registration for the Platform, story submission or rally participation updates, event communications, purchase confirmations for books or physical goods, and other communications that may be necessary to provide you with the Platform.

3.4 Telephone Contact, Autodialed and AI-Assisted Calls, and Call Monitoring. When you provide a telephone number to the Company or in connection with the Platform, you consent to receive calls and text messages from the Company and those acting on its behalf at that number, including calls and messages that are placed, dialed, or generated using an automatic telephone dialing system or autodialer, prerecorded or artificial voice technology, or artificial intelligence (“AI”) voice or messaging technology, for purposes including account, transactional, platform, support, scheduling, purchase, event, rally, and marketing or promotional communications. You understand and agree that the Company uses an automatic telephone dialing system and may place autodialed calls and texts to the number you provide. You further acknowledge and consent that any call or communication between you and the Company, including autodialed, AI-assisted, and human-assisted calls, may be monitored, recorded, transcribed, and analyzed by the Company and its service providers, including through AI tools, for support, training, quality assurance, and Platform-improvement purposes. Message and data rates may apply, and message frequency varies. You may opt out of marketing calls or texts at any time by following the instructions provided in the communication or by contacting the Company, and you may revoke your consent as provided by applicable law; the Company may still contact you with non-marketing, administrative, or transactional communications. Your consent to receive marketing communications is not a condition of purchasing any product or using the Platform.

3.5 Third Party Analytics. Company uses third-party analytics services (“Third Party Analytics”) in connection with the Platform. We may share limited user information (such as your email address and sign-up date) with Third Party Analytics to track and analyze usage, facilitate communications, and improve the Platform. Third Party Analytics may also collect and aggregate publicly available information associated with you, such as your email address, social network handles, job title, and physical address, to enhance your experience. Your use of the Platform constitutes your consent to this data collection and sharing.

3.6 SMS/Text Message Program. If you opt in to Company's text-messaging or SMS program (for example, by providing your mobile number and consenting to receive texts, or by texting a keyword to a Company short code or number), you consent to receive recurring automated marketing, promotional, transactional, and informational text messages from Company and those acting on its behalf at the number provided. Consent to receive marketing text messages is not a condition of purchasing any product or using the Platform. Message frequency varies, and message and data rates may apply according to your wireless plan; Company is not responsible for such charges. Carriers are not liable for delayed or undelivered messages. You may opt out of the SMS program at any time by replying “STOP” to any message, after which Company will send a single confirmation message and will cease sending marketing texts to that number; you may rejoin at any time by opting in again. For help, reply “HELP” or contact Company at the support address identified in these Terms. You represent that you are the account holder or an authorized user of the mobile number provided and agree to notify Company if you relinquish that number.

3.7 No Third-Party-Hosted Accounts. Your User Account is for your own use only. You may not create, operate, or maintain an account on behalf of, or host, resell, or provide access to the Platform for, any third party. If Company determines, in its sole and reasonable discretion (including based on your usage data), that you are operating such an account or otherwise using the Platform in a manner inconsistent with a single authorized user, Company may, in addition to its other rights and remedies, suspend or terminate your User Account or condition continued access on your compliance with these Terms.

4. User conduct policy

4.1 Prohibited Conduct. You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to: (a) reproduce, duplicate, copy, sell, resell, make derivatives of, sub-license, or otherwise exploit for any commercial purpose any portion of the Platform, except as expressly allowed under these Terms of Use; (b) use Company's or any of its affiliates' name, trademarks, service marks, logos, or other materials, except with Company's prior written consent and in accordance with Company's then-current Brand Guidelines, or use any of the foregoing in connection with any unsolicited communications or emails; (c) use any high volume, automated, or electronic means to access the Platform (including without limitation robots, spiders, or scripts); (d) frame the Platform, place pop-up windows over its pages, or otherwise affect the display of its pages; (e) falsely state, impersonate, or otherwise misrepresent your identity or your affiliation with any person or entity, past or present, including through the use of a pseudonym; (f) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Platform; (g) interfere with or disrupt the Platform, or the servers or networks connected to the Platform, or disobey any requirements, procedures, policies, or regulations of such networks; (h) use the Platform to exploit, harm, or attempt to exploit or harm the Company, its Brand Visionaries (meaning the founders, authors, speakers, presenters, and other persons whose name, likeness, or persona is used to promote the Company, the Brand, or the Platform), affiliates or any other user; (i) make, publish, or distribute any communication that defames any other User; (j) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or that, as determined by us, may harm the Company or its users, or expose the Company to liability; (k) use or access the Platform or any of its Content for the purpose of creating, enhancing, or providing a product or service that competes with our offerings; (l) create, operate, maintain, or participate in any group, page, forum, channel, server, community, or account on any social media platform or other service that uses Company's name, marks, or branding, or that otherwise states or implies any affiliation, association, sponsorship, or endorsement by Company, in each case without Company's prior written consent; (m) record, screen-capture, photograph, transcribe, download, stream, or otherwise reproduce or redistribute any live or virtual sessions, rallies, events, or other Content, except as expressly permitted by Company; (n) solicit, recruit, advertise to, or market to other Users, or collect, harvest, or use other Users' contact or personal information for any such purpose, in each case without Company's prior written consent; (o) state or imply that the Company, or any of its Brand Visionaries or representatives provides legal, financial, tax, medical, or other professional advice, or otherwise hold yourself out as authorized to act on behalf of the Company; or (p) engage in any harassing, threatening, abusive, discriminatory, or disruptive conduct toward the Company, its personnel, or any other user, whether online or at any live, virtual, or in-person event.

4.2 Non-Disparagement. You agree not to make any disparaging, defamatory, or false statements, whether written or oral, about Company, the Platform, or any of Company's officers, directors, employees, agents, Brand Visionaries, affiliates, or representatives, including on social media, review sites, blogs, forums, or to any third party. You acknowledge that: (a) this provision is a material term of these Terms of Use; (b) any breach may cause irreparable harm for which monetary damages are inadequate; and (c) Company may seek injunctive relief and terminate your access to the Platform upon any breach. Nothing in this section prohibits you from: (i) making truthful statements or honest reviews of your experience; (ii) making statements required by law or legal process; (iii) filing a complaint with or participating in any investigation by a governmental agency; or (iv) exercising any rights that cannot be waived as a matter of law.

5. User content

5.1 Interactive Platform and User Content. The Platform may contain interactive features (collectively, “Interactive Platform”) that allow Users to post, submit, publish, chat with, display, or transmit to other Users (“post”) content or materials (collectively, “User Content”) on or through the Platform. You acknowledge and agree that such Interactive Platform may be monitored, recorded, or retained for quality control, training, community-support, event-administration, and story-submission purposes, and that any information or material you provide as part of the Interactive Platform — including, without limitation, any stories, testimonials, photographs, videos, messages, rally submissions, book-related submissions, comments, or other materials — is considered “User Content” under these Terms of Use.

5.2 Compliance and License to User Content. All User Content must comply with applicable laws, rules, and regulations, including without limitation any Company rules or policies posted and laws relating to online conduct, privacy, publicity rights, intellectual property, and the export of data. You agree and acknowledge that, as necessary for the Platform, your User Content may be intended and authorized to be shared with other Users, the public, event audiences, or Company's partners and service providers, and that any User Content shared through the Platform is provided for informational, inspirational, promotional, and community-participation purposes only and does not constitute advice from, or an endorsement by, Company. Any User Content you post to the Platform will be considered non-confidential and non-proprietary. By providing User Content to the Platform, you grant to Company a worldwide, non-exclusive, royalty-free, sub-licensable (to multiple tiers), irrevocable, and transferable license to use that User Content (including to reproduce, distribute, prepare derivative works of, display, and perform it) for any purpose, including commercial purposes, in connection with the Platform or Company's business, including for the purpose of promoting and redistributing part or all of the Platform or future services or products.

5.3 User Responsibility for User Content. You understand and acknowledge that you are solely responsible for any User Content you submit or contribute, and you, not Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other User of the Platform. You represent and warrant prior to posting any User Content that: (a) you have all necessary rights, licenses, clearances, and/or approvals to provide the licenses granted herein and to post the User Content; (b) the User Content is truthful, accurate, and reasonably complete and does not misrepresent your identity, experience, story, testimonial, submission, or results; (c) as between you and Company, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content; (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices; (e) you have obtained the express consent of the relevant party before posting any nonpublic personal, private, sensitive, or confidential information concerning any person or entity; and (f) your User Content, and any activity described therein, complies with all applicable laws. Company may, but has no obligation to, review the User Content to determine accuracy or its compliance with these Terms of Use, and each User who posts User Content shall be solely responsible for any damages resulting therefrom. Company does not verify, endorse, or guarantee any User Content, including any story, testimonial, experience, submission, statement, result, or other information shared by other Users, and you rely on any such User Content at your own risk.

5.4 Company Right to Monitor and Remove. We may remove, refuse to post, review, disclose, or take other appropriate action with respect to User Content when we believe it violates these Terms of Use, infringes rights, threatens the safety of users of the Platform or the public, or could create liability for us, and we may refer illegal or unauthorized use of the Platform to law enforcement.

5.5 Unauthorized Content. In addition to the restrictions set forth in Section 4 (User Conduct Policy), and without limiting them, you may not post, upload, transmit to, or otherwise make available through the Platform, including any Interactive Platform, any content, communications, or other information (collectively, “Unauthorized Content”):

• that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;

• that interferes with a User's use or enjoyment of the Platform;

• that takes any action that may undermine online reviews or feedback;

• that is an unauthorized offer to sell, marketing materials, advertising, fundraising solicitation, or other promotional content;

• that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices, or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;

• that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements);

• that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;

• that violates the rights of other Users of the Platform;

• that violates any applicable local, state, national, or international law or otherwise advocates or encourages any illegal activity;

• that discloses any nonpublic personal, private, sensitive, medical, or confidential information of any person or other third party without that party's express written consent;

• that offers, solicits, or promotes any product, service, fundraising campaign, business opportunity, or program to other Users, in each case without Company's prior written consent; or

• that misrepresents, exaggerates, or guarantees any experience, story, testimonial, selection, benefit, outcome, result, or assistance, or that implies any particular financial, personal, professional, or other outcome.

5.6 Indemnification for User Content. You acknowledge that failure to comply with these Terms of Use in connection with your User Content could result in legal action, including claims by third parties alleging that they were damaged by your User Content. Your obligation to defend, indemnify, and hold harmless the Indemnified Parties with respect to your User Content, including any claim of infringement or misappropriation of intellectual property or other rights, is governed by the indemnification provisions set forth in Section 13.1.

5.7 No Responsibility for User Interactions; Discretionary Action. Company may allow Users to communicate, rally behind stories, attend events, or otherwise participate within the Platform community. However, Company is not responsible or liable for any communications, interactions, relationships, meetings, arrangements, promises, or dealings between Users, or between a User and any third party, whether introduced, discussed, or facilitated through the Platform, the community, events, or otherwise. Users are solely responsible for their own interactions and for exercising judgment and caution in connection with any offline or online communication or activity. Company does not and will not act as a broker, agent, adviser, mediator, arbitrator, or decision-maker with respect to any interaction or dispute between Users or third parties, and has no obligation to resolve, investigate, or intervene in any such matter. While Company reserves the right, in its sole discretion, to take any action it deems appropriate — including removing User Content, suspending or terminating accounts, or otherwise responding to conduct within the community — any such action is voluntary and undertaken only where Company determines it to be in the best interests of the community, and does not create any duty or obligation to take the same or any similar action in any other instance. Except where imposed by law, Company's exercise of, or failure to exercise, any such discretion shall not give rise to any liability to you or any third party.

5.8 Story Submissions. The Platform allows you to submit videos, stories, images, text, and other materials describing your personal experiences and explaining why you would like to be featured, supported, or selected to participate in Company's storytelling, book-related, rally, or event opportunities (each, a “Submission”). Each Submission is “User Content” under these Terms of Use and is subject to all provisions governing User Content, including the license granted in Section 5.2, the representations and warranties in Section 5.3, and the indemnification obligations in Section 13.1. No Submission will be posted, published, or made publicly available on or through the Platform until it has been reviewed and approved by Company, and Company may reject, edit, condition, or remove any Submission at any time in its sole discretion, for any reason or no reason.

5.9 Selection; Community Feedback. Any selection of a participant or featured individual is made by Company in its sole and absolute discretion. The Platform may allow Users and members of the public to express support for, or “rally” behind, Submissions; any such community feedback is advisory and non-binding only, and Company is not obligated to select any individual based on the level of community feedback, engagement, or support received. Company retains sole and final discretion to select, decline to select, or decline to feature any individual based on criteria it determines, and reserves the right to disregard any feedback it believes to be fraudulent, automated, duplicative, or manipulated. The Platform is not a contest, competition, sweepstakes, lottery, drawing, or game of chance; no purchase, entry fee, wager, or other consideration is required to make a Submission; and no prize is offered or guaranteed. Company makes no representation, promise, or guarantee of any particular outcome, benefit, assistance, income, result, or selection, and participation is voluntary and without any expectation of compensation.

5.10 Submission Standards. In addition to the requirements of Sections 4 and 5, and without limiting them, you represent, warrant, and agree that, for each Submission: (a) you are at least 18 years of age and have full authority to make the Submission; (b) the Submission does not identify, depict, or disclose the personal or identifying information of any minor; (c) you have obtained the prior written consent of every individual who is identifiable in, or whose personal, private, medical, or other sensitive information is disclosed in, the Submission; (d) the Submission does not include any music, video, image, artwork, or other third-party content unless you hold all rights necessary to grant the licenses in these Terms of Use; (e) the Submission is truthful and does not contain any statement that is false, misleading, defamatory, or that suggests or guarantees any particular result or outcome; and (f) the Submission does not otherwise violate these Terms of Use or any applicable law.

5.11 Sensitive Content; No Crisis, Medical, or Professional Platform. You acknowledge that Submissions may address sensitive or personal subject matter. Company may use automated, artificial intelligence, and human review tools to monitor, screen, flag, and route Submissions and related communications, and may, but is under no obligation to, provide information about, or direct you to, third-party support or crisis resources. The Platform is not a crisis, counseling, medical, mental-health, or emergency service, is not a substitute for professional care, and is not monitored on a real-time or continuous basis. If you or someone else is in crisis or may be in danger, you should immediately contact emergency services (such as 911) or an appropriate crisis hotline. Company does not assume any duty to act on, respond to, or intervene with respect to the content of any Submission, and, to the fullest extent permitted by law, disclaims all liability arising from the content of any Submission or from any decision to review, monitor, act, or not act upon it.

5.12 Submission Release and Consent. In addition to the licenses and releases granted in Sections 5.2 and 7, and in consideration of the opportunity to make a Submission and to participate, you grant Company a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable (through multiple tiers), and transferable right and license to use, reproduce, host, store, edit, adapt, publish, publicly display and perform, distribute, and create derivative works of your Submission and of your name, likeness, image, voice, biographical information, and story, in any media now known or hereafter developed, for any purpose, including advertising, marketing, and promotion, whether or not you are selected or featured, and without further notice, consent, or compensation to you. While you may request removal of your Submission from the Platform as provided in Section 5.16, such removal applies only to the continued display of the Submission on the Platform going forward and does not revoke this license or apply to any material already published, printed, distributed, or incorporated into other works. You waive any right to inspect or approve the Submission or its use, and, to the fullest extent permitted by law, release Company from all claims arising out of such use, including claims for invasion of privacy, violation of the right of publicity, defamation, or emotional distress. This release does not apply to claims that cannot be released as a matter of law.

5.13 Minors. The Platform and Submissions are intended solely for individuals who are 18 years of age or older, and Company does not knowingly collect video, contact, or other personal information from anyone under 18. Any Submission that appears to originate from a person under 18 will be rejected and deleted. You may not make a minor the subject of a Submission unless you are the minor's parent or legal guardian and consent to the minor appearing publicly. If you believe a minor's information has been submitted, contact Company and Company will remove it.

5.14 Rally Mechanics; Anti-Abuse. A “rally” is an expression of community support recorded through the Platform indicating that a story resonated with the person rallying; it is not a determination that any individual needs or deserves selection or assistance more than another, and is not a competitive score against any other individual. Company generally provides each User one free rally every twenty-four (24) hours, with additional bonus rallies available as described in Section 5.15, and applies anti-abuse measures. Any attempt to manipulate results, including through bots, scripts, duplicate or fake accounts, or paid rallies, may result in the removal of rallies and the withdrawal of a story from public listings. As stated in Section 5.9, rallies are a discovery signal only and do not determine, guarantee, or entitle anyone to selection.

5.15 Book Purchase and Bonus Rallies. Every User receives a free rally every twenty-four hours at no cost, and no purchase is ever required to rally or otherwise participate. As a promotional thank-you, purchasing Pace Morby's Zero to Hero book earns bonus rallies at the then-current rate (for example, one book = ten (10) bonus rallies). Bonus rallies are optional. Book purchases are verified manually and bonus rallies are credited by hand; please allow three to five (3–5) business days after purchase for bonus rallies to appear, and use the same email address for your book purchase and your User Account so Company can match them. Bonus rallies are a promotional benefit only and are not a product, currency, security, or property; they have no cash value, cannot be purchased directly, sold, transferred, gifted, exchanged, or refunded, and are not redeemable for money or anything else. Bonus rallies are subject to the same rally rules and anti-abuse checks set forth in Section 5.14 and do not guarantee that any story will be selected. Company may correct, reverse, or remove bonus rallies credited in error, obtained through fraud, or attached to a refunded, cancelled, or charged-back purchase, and maintains an internal audit log of credits and removals. Company may modify or discontinue the bonus rally program at any time; rallies already used will not be affected.

5.16 Withdrawal of Submission. You may request that Company take down your Submission at any time by replying to the confirmation email Company sends after you submit, or by contacting Company at the support address identified in these Terms. Any such request applies only to the continued display and availability of your Submission on the Platform going forward; it does not, and cannot, revoke the licenses granted in Sections 5.2 and 5.12 or otherwise apply to any material that has already been published, printed, distributed, or incorporated into other works. Upon a valid request, Company will remove the Submission from the Platform and delete the associated video files within a reasonable time. Notwithstanding the foregoing and Section 7, Company has no obligation to recall, retract, or remove any material that has already been printed, published, distributed, or incorporated into other works before your request, including copies of the Zero to Hero book already published, or any copies retained as required by law or by Company's routine backup or audit-log practices.

6. Intellectual property rights

6.1 Ownership. The Platform and its entire contents, features, and functionality, including stories, Submissions, rally pages, book-related resources, event materials, recordings, transcripts, community and forum content made available by Company, software, code, applications or tools, Company names, marks, branding, systems, processes, terminology, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files and the design, selection, and arrangement thereof (collectively, the “Content”), are owned by Company and are protected by intellectual property and proprietary rights laws.

6.2 Restrictions on Use. These Terms of Use permit you to use the Platform solely as set forth herein. You must not: (i) reproduce, distribute, translate, adapt, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform, or otherwise access the source code of the Platform, provided Users are permitted to maintain a copy for personal use for purposes of your engagement with the Platform; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text outside the permitted use for your engagement with the Platform; (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform; (iv) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform, or any features or functionality of the Platform, to any third party for any reason, including by making the Platform available on a network where it is capable of being accessed by more than one device at any time; or (v) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Platform.

6.3 Permitted Use of Content. Subject to your compliance with these Terms of Use, Company grants you a freely revocable, worldwide, non-exclusive, non-transferable, non-sub-licensable limited right and license to access, internally use, display, and, where made available, download the Content solely as necessary to participate in the Platform and for your own personal use as contemplated by these Terms of Use. You must not, however, sell, resell, license, sublicense, publish, distribute, or otherwise share the Content with, or make it available to, any third party, or otherwise use the Content in any manner not expressly authorized by these Terms of Use. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of these Terms of Use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

6.4 Marks. Our name, logo, and all related names, logos, product and service names, designs, and slogans (“Marks”) are trademarks of Company or our affiliates or licensors. You must not use such Marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans displayed on the Platform are the trademarks of their respective owners. Company and/or its affiliates and licensors reserve all rights not expressly granted herein to the Platform, Content, and Marks.

6.5 Feedback. If you send or transmit any communications or materials to Company by mail, email, telephone, or otherwise, suggesting or recommending changes to the Platform, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), we are free to use such Feedback without any other action or limitation between the parties governing such Feedback.

7. Recordings, consent & publicity

7.1 Recordings. You acknowledge and agree that the Company may record, film, photograph, capture, and reproduce (in audio, video, photographic, digital, or any other form) any live or virtual session, rally, book-related activity, webinar, workshop, event, community interaction, or other activity that is part of or related to the Platform, including any recording that captures your name, likeness, image, voice, statements, questions, contributions, or participation, whether intentionally or incidentally (collectively, “Recordings”). By registering for, attending, joining, appearing in, or otherwise participating in any such activity, you affirmatively consent to being recorded and to the Company's creation and use of such Recordings as described herein, and you acknowledge that such activities are and will be recorded. If you do not consent to being recorded, you must not attend, join, or participate. You further acknowledge and agree that the Company may store, upload, post, archive, and make Recordings and other Content available to other Users or the public through the Platform, including in any community, forum, rally page, event page, or archived or on-demand content library, where they may remain available until such time they are removed by the Company in its sole discretion.

7.2 Promotional Materials; Publicity License. In addition to the licenses granted under the User Content section of these Terms of Use, and in consideration of your access to and participation in the Platform, you hereby grant Company a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable (through multiple tiers), and transferable right and license to use, reproduce, host, store, display, perform, distribute, transmit, and create derivative works of the Recordings and of your name, likeness, image, voice, biographical information, testimonials, reviews, feedback, success stories, and any other materials you provide or that Company creates based on your participation in the Platform (collectively, “Promotional Materials”) for any purpose, including without limitation providing the Platform, maintaining the community and archived content library, and advertising, marketing, promotion, and publicity, in any media now known or hereafter developed, without further notice, consent, or compensation to you. You represent and warrant that you have the authority to grant the foregoing rights. You waive any right to inspect or approve any Recordings or Promotional Materials or the use thereof, and you acknowledge that Company may edit, modify, or alter them in its sole discretion. To the fullest extent permitted by law, you release Company from any and all claims relating to the use of the Recordings or Promotional Materials, including but not limited to claims for invasion of privacy, violation of the right of publicity, defamation, or any other claim arising from such use. Your consent to the creation, storage, and archiving of Recordings and their availability within the Platform, community, and archived content library is irrevocable and may not be withdrawn unless required by applicable law. If you do not wish to have your testimonials, success stories, or likeness used in Company's outward-facing advertising or marketing to the general public, you may provide written notice to Company, and Company will use commercially reasonable efforts to discontinue such outward-facing marketing use on a prospective basis within a reasonable time; provided, however, that (a) this opt-out does not apply to, and Company may continue, the use, storage, hosting, and display of Recordings and other Content within the Platform, community, or archived content library, and (b) Company shall have no obligation to remove, recall, or discontinue any materials that have already been published, distributed, incorporated into other works, or archived.

8. Products, offers, and purchases

8.1 Physical Goods; Shipping; Returns. Company may from time to time offer physical or “hard” goods (such as books or other tangible products) for sale in connection with the Platform. Unless otherwise stated at the time of purchase, Company may add shipping and handling fees to your order, and any delivery dates or timeframes are good-faith estimates only. Risk of loss and title for physical goods pass to you upon Company's delivery of the goods to the carrier. Providing accurate shipping and contact information is your responsibility. All sales of physical goods are final and non-refundable except where Company expressly offers a refund or return in writing or where a refund or return right cannot be waived under applicable law. Where Company expressly offers a refund or return for a physical good (other than the complimentary book addressed in Section 8.2), all of the following conditions must be met: (a) you must request the refund in writing by contacting Company's customer support at the support address identified in these Terms; (b) your request for a refund must be made within thirty (30) days of your purchase; (c) you must return the goods to Company promptly, in accordance with the shipping and other instructions Company provides by email after you request the refund; and (d) the goods must be returned to Company in like-new or re-sellable condition, as determined in Company's sole, reasonable discretion.

8.2 Promotional Book Offer; Satisfaction Guarantee. From time to time Company may offer a complimentary copy of a book or similar item, conditioned on your payment of a one-time shipping and handling fee. A single copy is provided at no charge when you cover the cost of shipping; additional shipping and handling fees may apply for expedited delivery or for additional items ordered. Please allow approximately ten to fourteen (10–14) business days for delivery. Notwithstanding the general non-refundable policy in Section 8.1, and as Company's express written refund undertaking for this offer, if you are not satisfied with the book, Company will refund your shipping and handling fee upon your request to Company's customer support, and you may keep the book without any obligation to return it. This satisfaction guarantee applies solely to the shipping and handling fee for the complimentary book and does not extend to any other products, which remain subject to Section 8.1. Company reserves the right to modify or discontinue this offer at any time.

8.3 Third-Party Products and Merchants. The Platform may allow you to purchase or link you to third-party products or services. Company is not responsible for any aspect of such products or services or for the applicable merchant's separate terms and privacy practices, and any purchase is solely between you and the merchant. You are financially responsible for all purchases made through the Platform by you or on your behalf, which must be for lawful, non-fraudulent purposes only. To the fullest extent permitted by law, you release Company and its affiliates from any claim, loss, or damage arising out of your dealings with, or the products or services of, any third-party merchant.

9. Disclaimer of warranties

9.1 No Professional Advice; No Reliance. The Platform, all services, stories, Submissions, events, book-related resources, and Content are provided for general informational and inspirational purposes only and do not constitute legal, financial, tax, accounting, medical, mental-health, or other professional advice. Nothing in the Platform, or in any communication with Company or its presenters, creates an attorney-client, fiduciary, broker-client, medical, counseling, or other professional relationship between you and Company or any of its presenters, personnel, or representatives. Any stories, testimonials, examples, or outcomes referenced are individual experiences, are provided for illustrative purposes only, and are not indicative of average or expected results. No guarantee of income, profit, selection, assistance, transformation, or any other result is expressed or implied. You are solely responsible for determining and complying with all laws and regulations applicable to your activities, and Company makes no representation that any information made available through the Platform is suitable for your circumstances. You are encouraged to consult an appropriate licensed professional before acting on anything made available through the Platform.

9.2 As-Is; No Warranties. YOUR USE OF THE PLATFORMS, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE PLATFORMS IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE PLATFORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM.

9.3 No Warranty of Uninterrupted or Error-Free Platform. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU ASSUME ALL RISK OF LOST OR DAMAGED DATA SUSTAINED FROM YOUR USE OF THE PLATFORM AND ITS CONTENT.

9.4 Data Security and Anti-Virus Responsibility. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR PLATFORMS FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORMS OR ITEMS OBTAINED THROUGH THE PLATFORMS.

9.5 Events; Assumption of Risk. WITH RESPECT TO ANY LIVE, IN-PERSON, OR VIRTUAL EVENT, WORKSHOP, SEMINAR, MEETING, RALLY, OR OTHER GATHERING THAT IS PART OF OR RELATED TO THE PLATFORM, YOU PARTICIPATE AT YOUR OWN RISK. COMPANY MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SAFETY, CONDITION, SUITABILITY, OR AVAILABILITY OF ANY VENUE, PREMISES, FACILITIES, ACCOMMODATIONS, FOOD OR BEVERAGE, TRANSPORTATION, OR THIRD-PARTY SERVICES OR PRODUCTS MADE AVAILABLE AT OR IN CONNECTION WITH ANY SUCH EVENT, OR REGARDING THE CONDUCT OF ANY ATTENDEE, SPEAKER, VENDOR, OR OTHER THIRD PARTY. COMPANY DOES NOT WARRANT THAT ANY EVENT WILL TAKE PLACE AS SCHEDULED OR AT ALL, AND RESERVES THE RIGHT TO RESCHEDULE, RELOCATE, MODIFY, OR CANCEL ANY EVENT. TO THE FULLEST EXTENT PROVIDED BY LAW, YOU ASSUME ALL RISK OF PERSONAL INJURY, ILLNESS, DEATH, AND LOSS OF OR DAMAGE TO PROPERTY ARISING FROM YOUR USE OF THE PLATFORM AND ITS CONTENT OR YOUR ATTENDANCE AT OR PARTICIPATION IN ANY SUCH EVENT. THE FOREGOING DISCLAIMERS DO NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Limitation of liability

10.1 Aggregate Liability Cap. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF COMPANY, ITS SUBSIDIARIES, AFFILIATES, AND BRAND VISIONARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, AND SUPPLIERS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF: (I) THE AMOUNT YOU HAVE ACTUALLY PAID TO COMPANY FOR THE APPLICABLE PRODUCT, EVENT, OR PLATFORM ACTIVITY IN THE LAST SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS FIRST GIVING RISE TO A CLAIM, OR (II) TEN DOLLARS ($10). THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER-INCIDENT.

10.2 Exclusion of Indirect and Consequential Damages. IN NO EVENT SHALL COMPANY, ITS SUBSIDIARIES, AFFILIATES, AND BRAND VISIONARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR LOST REVENUE, LOST PROFITS, DAMAGES OR LIABILITY BASED ON YOUR REVENUE, OR LOST OR DAMAGED DATA, OR DAMAGES OR LIABILITY BASED ON THE AMOUNT OR DURATION OF USE OF A PRODUCT, EVENT, OR PLATFORM, ARISING FROM ANY TYPE OF CLAIM WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE.

10.3 Time Limitation for Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11. Jury waiver and class action waiver

11.1 Jury waiver. IF FOR ANY REASON A CLAIM OR DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL. YOU AND COMPANY EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE. THIS JURY TRIAL WAIVER IS INTENDED TO APPLY TO ALL DISPUTES BETWEEN YOU AND COMPANY, INCLUDING THOSE ARISING UNDER THE EXCEPTION SET FORTH ABOVE OR ANY OTHER CLAIMS THAT PROCEED IN COURT. YOU ACKNOWLEDGE THAT YOU HAVE BEEN INFORMED OF THIS WAIVER AND THAT YOU KNOWINGLY AND VOLUNTARILY WAIVE YOUR RIGHT TO A JURY TRIAL.

11.2 CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS OF USE, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE PROCEEDING. YOU AGREE THAT YOU WILL ONLY BE PERMITTED TO BRING CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES MUTUALLY AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. IN ADDITION, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. NOTHING IN THIS CLASS ACTION WAIVER REQUIRES YOU TO WAIVE ANY RIGHT OR REMEDY THAT CANNOT BE WAIVED AS A MATTER OF LAW. THIS CLASS ACTION WAIVER IS INTENDED TO BE ENFORCEABLE TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE FEDERAL LAW, INCLUDING PURSUANT TO THE FEDERAL ARBITRATION ACT. IF ANY PORTION OF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE AS TO ANY PARTICULAR CLAIM OR REQUEST FOR RELIEF, THEN THAT CLAIM OR REQUEST FOR RELIEF SHALL BE SEVERED AND, TO THE EXTENT REQUIRED BY LAW, MAY PROCEED IN COURT, AND ALL REMAINING CLAIMS AND REQUESTS FOR RELIEF SHALL REMAIN SUBJECT TO ARBITRATION ON AN INDIVIDUAL BASIS. SUCH SEVERANCE SHALL NOT VOID OR OTHERWISE AFFECT THE AGREEMENT TO ARBITRATE AS TO ANY OTHER CLAIM OR REQUEST FOR RELIEF.

12. Arbitration

12.1 Agreement to Arbitrate. Any dispute, controversy or claim arising out of, relating to or in connection with these Terms of Use, including the breach, termination, or validity thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The place of arbitration shall be Phoenix, Maricopa County, Arizona, provided that if you reside outside of Maricopa County, the arbitration may be conducted by telephone, online, or based solely on written submissions, as determined by the arbitrator. The arbitrator shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding, and the AAA may not administer any form of class or representative arbitration. Notwithstanding the tribunal's power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis; any challenge to the class action waiver must be decided by a court of competent jurisdiction. This agreement to arbitrate is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, any discovery, and any documents exchanged or produced, except as may be necessary to prepare for, conduct, or participate in the arbitration, to enforce or challenge the award, as required by applicable law, or in confidence to a party's legal counsel, accountants, auditors, insurers, or immediate family. This confidentiality obligation applies equally to both parties.

12.2 Fees; Small Claims. Each party shall otherwise bear its own attorneys' fees and costs, except where a statute or these Terms of Use provide otherwise. Notwithstanding the agreement to arbitrate, either party may bring an individual claim in a small claims court of competent jurisdiction if the claim qualifies to be heard in that court and proceeds on an individual (non-class, non-representative) basis.

12.3 Severability; Effect of Unenforceability. If the class action waiver set forth above is found to be void or unenforceable by a court of competent jurisdiction as to any particular claim or request for relief that cannot be severed, and if such finding is not reversed on appeal, then the agreement to arbitrate shall be deemed null and void as to that particular claim or request for relief only, which shall proceed exclusively in the state or federal courts located in Phoenix, Maricopa County, Arizona. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. In all events, the agreement to arbitrate, the class action waiver, and all other provisions of these Terms of Use shall remain in full force and effect as to every other claim and request for relief, and no such finding shall be construed to void arbitration generally or to permit any claim to proceed on a class, collective, or representative basis. Company expressly does not consent to class or representative arbitration under any circumstances.

12.4 Mass Arbitration. If twenty-five (25) or more similar claims are asserted against Company by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your claim may be delayed and ultimately proceed pursuant to the AAA's Mass Arbitration Supplementary Rules or similar mass arbitration protocols. In such cases, a bellwether process may be implemented where a limited number of claims are arbitrated first; provided that the outcome of any bellwether claim shall not be binding on, or determinative of, the individual claim of any claimant who did not participate in that bellwether proceeding. You agree to cooperate in good faith with any bellwether or batching procedures. Company reserves the right to consolidate arbitrations involving common questions of law or fact, provided that such consolidation does not result in class-wide arbitration or representative proceedings.

12.5 Arbitration Opt-Out. You may opt out of this arbitration agreement and class action waiver by providing written notice of your decision to do so within thirty (30) days of your first acceptance of these Terms of Use. Such notice must be sent to: NRE 2, LLC, Attn: Arbitration Opt-Out, 1050 W Washington, STE 133, Tempe, AZ 85288, or by email to support@SubTo.com with the subject line “Arbitration Opt-Out.” Your notice must include your name, address, email address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, Company also will not be bound by these arbitration provisions with respect to you. Opting out will not affect any other aspect of these Terms of Use.

12.6 Sexual Assault and Sexual Harassment Claims. Notwithstanding any other provision of these Terms of Use, and as provided under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”), if a dispute arises or accrues that constitutes a “sexual assault dispute” or “sexual harassment dispute” within the meaning of the EFAA, the person alleging such conduct may, at that person's sole election, render the binding arbitration and class action waiver provisions herein invalid or unenforceable with respect to that dispute and may instead bring that dispute in a court of competent jurisdiction. If you make such an election, Company reserves the right to compel arbitration of any remaining claims that are not subject to the EFAA. This Section applies only to the extent required by the EFAA and other applicable law.

13. Indemnity and release

13.1 Indemnification. You agree to indemnify, defend, and hold harmless Company, its subsidiaries, affiliates, Brand Visionaries, and licensors and each of their officers, directors, agents, employees, and assignees (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, expenses, judgments, awards, losses, and damages, including reasonable attorneys' fees and costs, made or brought by any third party or governmental or regulatory authority relating to or arising out of: (a) your violation of these Terms of Use or your use of the Platform, including any use of the Platform's Content, services, and products other than as expressly authorized in these Terms of Use; (b) your use or implementation of any information, story, resource, or material obtained from the Platform; (c) any dispute, communication, interaction, meeting, arrangement, promise, or other dealing or issue between you and any other User or third party; (d) your User Content, including without limitation any claim of infringement of intellectual property or other proprietary rights, violation of privacy or publicity rights, defamation, misrepresentation, or failure to obtain required consents; (e) any story, testimonial, Submission, rally activity, event participation, or other Platform activity you undertake; (f) your violation of, or failure to comply with, any applicable law, rule, or regulation; (g) any personal injury, illness, death, or property damage arising from your acts or omissions at or in connection with any live, virtual, or in-person event; and (h) your unauthorized practice of law or provision of legal, financial, tax, medical, mental-health, or other professional advice, or your holding yourself out as authorized to act on behalf of Company.

13.2 Indemnification Procedures. As a condition of your obligations under Section 13.1, Company will: (a) notify you in writing of any claim reasonably promptly after becoming aware of it, provided that delay excuses your obligations only to the extent you are actually and materially prejudiced; (b) allow you to control the defense and settlement with counsel reasonably acceptable to Company, provided that Company may participate with its own counsel at its own expense, and you may not settle or consent to any judgment that imposes any liability, obligation, injunction, or admission on, fails to fully and unconditionally release, or adversely affects any right (including intellectual property rights) of any Indemnified Party without Company's prior written consent; and (c) provide reasonable cooperation at your expense. Company may instead assume sole control of the defense and settlement of any claim upon written notice, in which case you remain responsible for all indemnified losses and Company's reasonable attorneys' fees and costs.

13.3 Release. To the fullest extent permitted by applicable law, you hereby release, discharge, and hold harmless Company, its subsidiaries, affiliates, Brand Visionaries, licensors, and each of their officers, directors, agents, employees, and assignees (collectively, the “Released Parties”) from any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees), whether known or unknown, arising out of or relating to: (a) any interactions, communications, or dealings you have with other Users or third parties, whether online or in-person, including at any Company events; (b) any dispute, communication, interaction, meeting, arrangement, promise, or other dealing between you and other Users or third parties; (c) any products, services, or content provided by third parties accessed through the Platform or Linked Sites; (d) any physical injury, illness, death, or property damage occurring at any live, in-person events, workshops, seminars, rallies, or other gatherings sponsored, hosted, or organized by Company, except to the extent caused by Company's gross negligence or willful misconduct; and (e) any actions or omissions of third-party service providers utilized by Company in connection with the Platform. You understand and acknowledge that Company is not responsible for the conduct, whether online or offline, of any User or third party. Because this release covers claims you may not know or suspect to exist in your favor at the time of release, you expressly waive the protections of California Civil Code Section 1542 and any similar law of any jurisdiction, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” This release does not apply to claims that cannot be released as a matter of law.

14. Termination or suspension of platform rights

You agree that Company, in its sole discretion, may deactivate or suspend your account or otherwise terminate your use of the Platform, in whole or in part, for any reason or no reason, including, without limitation, if Company believes that you have (a) breached these Terms of Use; (b) infringed or otherwise misappropriated the intellectual property rights of Company or a third party; (c) posted, uploaded, displayed, sent, or transmitted Unauthorized Content; or (d) violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any deactivation or termination of your access to the Platform may be effected without prior notice to you and Company shall not be liable to you nor any third party for any termination of your account or the Platform. You also acknowledge that Company may retain and store your information on Company's systems notwithstanding any termination of your account or the Platform.

15. Dispute procedure and claims of copyright infringement

15.1 DMCA Notice. Company has registered a Registered Copyright Agent with the United States Copyright Office, which limits its liability under the Digital Millennium Copyright Act. It is our policy to terminate the account of any User who repeatedly infringes any copyright upon prompt notification to us by the copyright owner or the copyright owner's legal agent. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company's Copyright Agent with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright, or other intellectual property interest;

• a description of the product, work, or other intellectual property that you claim has been misrepresented or infringed;

• a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Platform;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright, or intellectual property, or its agent, or applicable law; and

• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner's behalf.

Company's Copyright Agent for notice of disputes or claims of copyright or other intellectual property infringement can be reached as follows: Copyright Agent: NRE 2, LLC, email: support@SubTo.com.

15.2 Counter-Notification. If you believe that material you posted was removed or disabled by mistake or misidentification, you may send a written counter-notification to Company's Copyright Agent at the address above. The counter-notification must include: (a) your physical or electronic signature; (b) identification of the material that was removed or disabled and the location at which it appeared before it was removed or disabled; (c) a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; (d) your name, address, and telephone number; and (e) a statement that you consent to the jurisdiction of the federal court located in Maricopa County, Arizona (or, if your address is outside the United States, any judicial district in which Company may be found), and that you will accept service of process from the person who provided the original infringement notice or that person's agent. Upon receipt of a valid counter-notification, Company may restore the removed material in accordance with the Digital Millennium Copyright Act. It is Company's policy, in appropriate circumstances, to disable or terminate the accounts of users who are repeat infringers.

16. Miscellaneous provisions

16.1 Assignment. Company may freely transfer or assign any portion of its rights or delegate its obligations under these Terms of Use. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms of Use without the prior written consent of Company.

16.2 No Securities Offering. The Platform, Submissions, rallies, bonus rallies, book offers, events, and any related promotional benefits do not constitute, and shall not be construed as, an offering, solicitation, or sale of any security, equity interest, membership interest, profit-sharing arrangement, investment contract, or other investment opportunity. Any payment you make is solely for the applicable book, physical good, shipping and handling, event, or other product or service purchased, and not as an investment. Nothing in these Terms of Use or any related materials, whether written or verbal, shall be interpreted as creating a security or investment opportunity of any kind.

16.3 Governing Law. You agree that any legal lawsuit or other action brought by Company, you or any third party to enforce these Terms of Use, or in connection with any matters related to the Platform, shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

16.4 Linked Sites. The Platform may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. Company does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites, and (c) we will not be liable for any transactions conducted by you with third parties through the Linked Sites or for any liability arising from the representations or information provided on such Linked Sites. We may remove any Linked Sites from the Platform at any time for any reason or for no reason. If you access any of the Linked Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such Linked Sites.

16.5 Injunctive Relief. Notwithstanding the agreement to arbitrate, Company may seek temporary, preliminary, emergency, or permanent injunctive relief from a court of competent jurisdiction located in Phoenix, Maricopa County, Arizona, without first engaging in arbitration, to protect intellectual property rights, confidential information, trade secrets, the non-disparagement provisions herein, or to prevent irreparable harm. You agree that Company may seek such injunctive relief without the necessity of proving actual damages or posting a bond or other security. Company's exercise of this right shall not waive its right to compel arbitration of any dispute. You may seek only temporary, preliminary, or emergency injunctive relief from a court pending the outcome of arbitration, and any request for permanent injunctive relief on your behalf shall be determined by the arbitrator.

16.6 Geographic Limits. Company is based in the State of Arizona in the United States. We provide the Platform for use only by persons located in the United States. We make no claims that the Platform or any of its Content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

16.7 Severability and Force Majeure. In the event that one or more terms of these Terms of Use becomes or is declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, each such term shall be null and void and shall be deemed deleted from these Terms of Use. All remaining terms of these Terms of Use shall remain in full force and effect. Company shall have no liability under these Terms of Use to the extent arising from any failure of Company to perform any of its obligations under these Terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failure, governmental act or court order, national emergency epidemic or pandemic, strikes or labor disputes or any other event beyond Company's reasonable control. Company shall not be responsible for damage or other problems caused by any unauthorized change to these Terms of Use made by way of hacking or cracking this page.

16.8 Survival. The following provisions, together with any other provisions that by their nature are intended to survive, shall survive the termination or expiration of these Terms of Use: User Representations and Warranties; Non-Disparagement; User Content (including all licenses granted therein) and User Responsibility for User Content; Intellectual Property Rights (including the Feedback license); Recordings, Consent & Publicity (including all licenses and releases granted therein); Products, Offers, and Purchases (with respect to completed purchases, refunds, returns, shipping, bonus rallies, and third-party merchant dealings); No Professional Advice; No Reliance; Disclaimer of Warranties; Limitation of Liability; Jury Waiver and Class Action Waiver; Arbitration (including the confidentiality provisions therein); Indemnity and Release (including the waiver of unknown claims); Termination or Suspension of Platform Rights (with respect to the retention and storage of information); No Securities Offering; Governing Law; and this Miscellaneous Provisions section.

16.9 Waiver and Section Titles. Any delay or failure on the part of Company to enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. The section titles herein are displayed for convenience only and have no legal effect.

16.10 No Third-Party Beneficiaries. These Terms of Use are for the sole benefit of Company and you, and nothing in these Terms of Use, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms of Use. No third party shall have any right to enforce any provision of these Terms of Use.

16.11 Entire Agreement. These Terms of Use, and any other agreement between you and the Company that references and incorporates these Terms of Use, constitute the entire agreement between you and Company relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Platform by Company.

16.12 Notices. You agree that Company will provide notices and messages to you either within the Platform or sent to the contact information that you provided. You are responsible for providing us with your most current email address. If you have provided an invalid email, or such address is not capable of receiving our notices, our dispatch of such email will nonetheless constitute effective notice. Any notice which may be required to be given to us under these Terms of Use may be sent to us by writing or emailing to the following address: 1050 W Washington, STE 133, Tempe, AZ 85288.

16.13 Electronic Communications and Signatures. When you use the Platform or send communications to Company electronically, you are communicating with Company electronically and consent to transact business with Company by electronic means. You agree that all agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications be in writing, and that any electronic acceptance, click-through assent, or other electronic indication of agreement (including clicking “I Accept” or “I Agree”) constitutes your signature and has the same legal force and effect as a handwritten signature. You agree not to contest the validity, enforceability, or admissibility of these Terms or any related record on the basis that it was created, signed, or delivered electronically.

16.14 Mobile Applications; App Store Terms. If Company makes any mobile or downloadable application (an “App”) available, Company grants you a limited, non-exclusive, non-transferable, revocable license to use it on a device you own or control for your personal, non-commercial use, subject to these Terms and the applicable app-store terms. For any App obtained through the Apple App Store or Google Play (each, an “App Store”): (a) these Terms are between you and Company only, not the App Store, which is not responsible for the App or its content; (b) your use must comply with the App Store's usage rules; (c) Company, not the App Store, is solely responsible for the App and any warranties, maintenance, and support, and, to the maximum extent permitted by law, the App Store has no warranty obligation; (d) the App Store is not responsible for any claims relating to the App, including product-liability, regulatory-compliance, or consumer-protection claims; (e) Company, not the App Store, is responsible for any third-party intellectual-property infringement claim relating to the App; (f) you represent that you are not located in a U.S.-embargoed or “terrorist supporting” country and are not on any U.S. Government prohibited- or restricted-party list; and (g) notwithstanding Section 16.10, Apple Inc. and Google LLC and their subsidiaries are third-party beneficiaries of these Terms with respect to the App and may enforce them against you.

16.15 Export Controls and Sanctions Compliance. The Platform and Content may be subject to U.S. export control and sanctions laws, including the Export Administration Regulations and the regulations of the U.S. Treasury's Office of Foreign Assets Control (“OFAC”). You represent, warrant, and covenant that you: (a) are not located in, organized under the laws of, or resident in any comprehensively U.S.-sanctioned country or territory; (b) are not, and are not owned or controlled by any party, identified on any U.S. Government restricted-party list, including OFAC's Specially Designated Nationals and Blocked Persons List; and (c) will not access, use, export, re-export, or transfer the Platform or Content in violation of any applicable export control or sanctions law. You are solely responsible for such compliance.

16.16 Accessibility. Company endeavors to make its Platform accessible, including to individuals with disabilities, and to conform to generally recognized accessibility standards where commercially reasonable, but does not warrant that the Platform is accessible in all respects or compatible with every assistive technology. If you have difficulty accessing any portion of the Platform, or any question or request for accommodation, contact Company at the email identified below, and Company will make reasonable efforts to provide the information, feature, or platform functionality through an alternative accessible means.

16.17 Contact. All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: support@SubTo.com.

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