Terms and Conditions for The PROgram
Term Sheet for Improvifi PROgram Improvifi PROgram Terms of Participation Intellectual Property Non-Disclosure Agreement and Program Success Requirements Acknowledgement Please carefully review this document. By signing below, you agree to the Terms of Participation outlined herein. ImproviFi PROgram offered by Improvifi LLC, referred to as “The PROgram”, as indicated on the last page of this document, in exchange for the Program Fee. What Our Members Get: The Program fee is either an annual membership or a biannual renewal annually, payable before or at the start of the Agreement. Payment grants Members access to the training program outlined below: Consulting & Training; Consulting, Onboarding, Discovery Call & Needs Analysis, Optional Lender Enrollment & Onboarding with Account Set-Up, Portal Set-Up. Sales and team training; Sales 101, Matrix Flow Training, Margin Integrity Training, Finance Sales Training 201, Objection Handling Training, Go-To-Market Strategies Training, Launching the r4method Strategies, and Direct Access to Private Community On Facebook. Access to all deliverables in the e-course Improvifi Training Center. The Training Center membership is granted to all customers after the agreement has been signed and executed. The Private Community and direct daily access to Chris Scoville is for paying Members only. Tools & Resources; PDF deliverables, Website Assets, Banner Ads, PreQual Links, Social Media Assets, Customer Handouts, Email Marketing Assets, SMS - Disclosure Assets, Branding Kits, Example Point of Sale Laminate, Examples of Door Hangers, Yard Signs, and PostCard Examples (services offered through third party marketing DOPE MARKETING DISCOUNTS.) Marketing Solutions; Social Media Content Assistance (marketing audit and services provided by Improvifi third party partner Presto Media.) Community Support; Private Facebook Community (PROgram Members Only), Direct Access to Open Forum Q/A, Growth & Strategy Sessions, Guest Speakers, Direct Daily Access to Chris Scoville (cell, SMS, email, and instant messaging.) Tech Strategies; PROgram Toolbox, Access Dynamic Custom QR Code Maker, Access Customer Digital Cards: Push to Portal, NFC Chip Reader App. Lending Platforms: Direct Access to our Lending Partners: Merchant Lending Programs: Multi-Lender | Direct ACH | Soft Credit Pull (third party service provider), Sub-Prime Merchant Lending: 550-680 FICO | Risk-Based Lending | 2nd Look Funding Program, Direct to Consumer: 21 Lenders Consumer Direct | No Dealer Fees, Secured Lending: Fast Track HI-Loans | Secured Lending | Nationwide | 25,000-400,000, Commercial Lending: Nationwide Commercial Lending Programs Business Capital Programs: Finance Advisors, Direct Access to our Capital Lending Team, Lines of Credit: 10,000 -250,000 | Same-Day Approvals & Underwriting | Soft Pull, Equipment Lending: Flexible Terms & Payment Options | Competitive Rates, Working Capital: SBA | Simple Interest | Invoice Factoring, Merchant Processing: Traditional Merchant Services as well as Cash Discount, Simple Interest Term Loans: 20,000 - 200,000 (all business lending services provided by third-party partner Integrated Business Financing) The Term: The Program will be delivered through multiple communications channels, including; Phone, SMS, Video chat,Google Meet, Zoom Webinars, Private Facebook Community, Direct messenger, and or emails. Members will have continuous access to the Program Materials for the duration of their Membership term. Member acknowledges that The PROgram operates as a "Do It Yourself" program, and Membership does not include Improvifi and or Chris Scoville performing work on Member's behalf. If a customer decides to upgrade to lifetime membership during the annual term, we will prorate the contract. Cancellation of Services: To cancel service, customers must provide us with a written notice of cancellation before yearly renewal. Until notice of cancellation is received by us, and cancellation is finalized, service will continue and Customer is responsible for paying for said service or services. Please send notice to email: [email protected] 2. Service Termination. After you sign up for a subscription, you’re responsible for paying a subscription for the entire year—even if you schedule a cancellation during your current term. All of our subscription plans automatically renew for another 1-year term unless you schedule a cancellation to not renew your contract. If you do not want to automatically renew, you need to schedule a cancellation of your subscription before the auto-renew date. 3. Annual/Commitment Membership Agreement. You must provide notice before you can cancel your Agreement. In addition, an annual/commitment agreement has an obligation date of 12 months/1 year. Customers cannot cancel before the end of the Initial Membership Period without paying a buy-out fee. When you cancel you will be required to pay the prorated amount for the notice period from the month cancellation was requested until the end of the yearly agreement. 4. Provider Initiated Cancellation. We reserve the right to cancel service if the customer’s account remains delinquent for 60 days after the customer is notified that the account has become delinquent. 5. Minimum contractual commitment for subscription-based plans. All of our subscription plans require an annual commitment. Your annual contract starts at midnight UTC of the day after you sign up, and ends 1 year later. After you sign up for a subscription, you’re responsible for paying for the entire year—even if you schedule a cancellation during your current term. 6. Automatic subscription renewals. All of our subscription plans automatically renew on the anniversary date for an additional 1-year term. If you don’t want to automatically renew, you need to cancel your subscription before the auto-renew date, as set forth in our cancellation policy. 7. Refund policy for subscription cancellations. We do not offer refunds (prorated or otherwise) if you cancel before the end of your current term. We only offer our subscriptions on an annual commitment basis. By subscribing, you agree to pay the subscription fee. Terms of Participation Intellectual Property Non-Disclosure Agreement In order to participate in The PROgram, and as a condition of accessing, continuing to access, and/or using any Program Materials & Intellectual Property provided to Member by Improvifi and or Chris Scoville the Member agrees to the following: Copyright Protection and Distribution Prevention of Program Materials and Intellectual Property The Program provides the Member with access, via an online content delivery platform, to certain Program Materials and Intellectual Property (collectively, the “Materials”) that Improvifi has developed, at considerable time and significant expense to Improvifi. Except for a limited, revocable, non-exclusive license expressly granted to Member herein, this Agreement does not grant Member any ownership or other right or interest in the Materials or any other component of The Program. All Materials will remain the property of Improvifi and are copyright and or trademark-protected. The Member is granted a limited, revocable, non-exclusive license of the Materials upon the following terms and conditions: A. Title, copyright, intellectual property rights, and distribution rights of the Materials and Intellectual Property remain exclusively with Improvifi. Unauthorized use of the Materials may violate copyright, trademark, and other laws. B. Members shall not provide, distribute, share or otherwise make available, by any means, written, verbal, oral or electronic, the Materials provided to the Member with any person, corporation, partnership, association or entity other than the properly licensed employees of Member. Members shall be responsible for the supervision, protection, management, control and non-disclosure of the Materials shared with employees of Member. C. Excluding the licensed employees of Member, Member will not use the Materials to coach, train, teach, present, share or otherwise educate others regarding the concepts and content of the Program and the Materials. This prohibition applies to one-on-one communication, formal or informal study groups, mastermind groups, online discussion groups, social media, industry meetings or platform presentations, etc. Members may reference the beneficial nature of the Program and the Materials, as well as the results obtained from the Program, to encourage peers and colleagues to engage the services of Improvifi. D. Member will make all reasonable efforts to prevent the Materials from being saved to portable electronic media such as CD/DVD, USB drives, external hard drives or online cloud-based storage, etc. by Member and/or employees of Member. Member and Member’s employees are specifically prohibited from saving the Materials to and/or backing up the Materials to proprietary corporate-owned or provided computers and computer networks not owned by or in the exclusive personal control of the Member and Member’s employees. If Program Materials are saved, they should only be saved to the personal computer(s) owned by Member and not saved to any personal computer(s) owned by Member’s employees. Member will instruct employees of Member to follow the meaning and intent of this section when employees of Member have access to the Materials. E. The Program and the associated Materials are for the sole and exclusive use of the Member solely within the organization named in this Agreement on the signature page. Members will make all reasonable efforts to protect the Materials from being saved to portable electronic media and removed or copied and physically removed from the premises where the Member conducts business or scanned and transmitted via e-mail. Without limiting the scope of Member’s reasonable efforts in this regard, Member shall exert at minimum the same efforts Member makes to protect Member’s own proprietary materials and intellectual property. F. Materials and Intellectual Property include, but are not limited to: training modules, coursework, lesson plans; Automation flows; email and page template copy and design; sales concept training materials, systems and strategies contained within the online program content delivery platform that IBH shares with Member during the Program. G. Materials and Intellectual Property also include, but are not limited to: audio and/or video recordings of live training sessions, delivered either in person or via videoconference; audio and/or video recordings of online, pre-recorded training presentations; pre-recorded training presentations and associated material such as PDF’s, MP3’s, MP4’s, etc. H. Member or Member employees will not delete, remove or alter any logo, copyright, trademark or other proprietary rights notices from any Materials (unless otherwise specified.) I. Member will not sell the Materials nor create derivative works of the Materials for the purposes of making them available for selling, trading, or giving away. J. Member may share the Materials with employees of Member, at the discretion of Member. Only the Member (not the employees of Member) is granted a limited, revocable, non-exclusive license of the Materials. K. Neither Member, Member’s employees nor anyone hired by Member is permitted to copy, transfer or create derivative works of the Materials for the purpose of placing the Materials or any part or component of the Materials on, or for inclusion in, a third party platform or website of any kind. The Materials must remain in their current form and may not be extracted from the online content delivery platform, altered, transferred, transmitted or uploaded to any outside application, website, training, tracking, support or sales platform, regardless of whether the Member owns or is licensed to use the third party platform. L. Member will continue to honor the requirements of this section in perpetuity regardless of whether this Agreement terminates in the future. M. Member will inform present and future employees of Member who have any access to, and/or use of the Materials, that they are expected to abide by all of the above terms contained in this section and will be reminded of their responsibility to honor the same upon termination of employment. N. Member shall be responsible for the supervision, protection, management, control and non-disclosure of the Materials, to include the employees of Member. O. Upon termination, Member will communicate with departing employees of Member the necessity to not remove any Materials in any form from the premises, either in print or electronically. Any Materials in the possession of the employees of Member, in any form, written or electronic, shall be returned to the Member prior to the point of termination. P. Member’s access to the Program will be forfeited if any of the requirements of this section are violated. No refund will be allowable in such cases. Program Success Requirements Acknowledgment Member acknowledges that The PROgram, which involves the transfer of sales and marketing training, strategies, concepts and techniques, is, at its core, a DIY program, and as such, requires self-study, practice, focused implementation and consistent use by Member to attain proficiency and desired results. Member acknowledges that personally consuming the pre-recorded Program training modules/lessons and personally reviewing the study materials (watching videos, reading documents, listening to recordings, etc.) as well as personally participating in live coaching sessions offered in the Program are essential for full understanding and successful Program implementation. Member also acknowledges that creating results requires sustained, intentional time and effort and Member is prepared and committed to faithfully make that effort. Member further acknowledges that different people learn and work at different speeds and that given the many factors beyond Improvifi’s control, Member acknowledges Improvifi cannot make any promise as to the speed of proficiency attained, the level of skills achieved, or the results obtained by Member within a given time period. No Warranty of Results The business results obtained by Member will vary depending on the individual efforts of Member and employees of Member and the willingness of Member and employees of Member to embrace, adopt, practice, and implement The Program. Therefore, Improvifi makes no warranties whatsoever, neither expressed nor implied, regarding the results the Member may obtain from the Program. Member understands there is no guarantee that Member will reach their goals as a result of participation in The Program. Member Support: Questions about Member, fees, renewal, or any issues with the technical aspects of the Program should be sent via email to: [email protected] | [email protected] Questions about the strategies, and tactics covered in the Training Videos therein, should be asked by Members via a post within the Members-Only Facebook group. This allows for Improvifi to answer the question in such a way as to allow the greatest benefit to other Members. Questions about third-party services; Financing Programs, Business Lending, and or Marketing Services, how it works, including any customer service requests about the software not working as expected, shall be directed to each specific third-party partner. Confidentiality The Parties acknowledge and agree that all information concerning either Party’s business shall be treated as confidential information, to be used only in accordance with the provisions and performance of this Agreement, and shall not be disclosed in any form without the express, written consent of the other Party. Any personally identifying information (names, SSN, address, copies of any statements, etc.) about the customers of the Member is not needed in the performance of this Agreement. Improvif will not request personally identifying information from Member and Member agrees not to provide Improvifi with personally identifying information about the customers of Member. Indemnification Member assumes liability for, and shall indemnify, defend, protect, save and hold Improvifi harmless from and against any and all claims, actions, suits, costs, liabilities, judgments, obligations, losses, penalties, damages and expenses (including reasonable legal fees and expenses) of whatsoever kind or nature arising out of use of the Program by Member or any breach or alleged breach by Member of any of its warranties, representations, covenants or obligations made pursuant to this Agreement. Dispute Resolution In the event of any unresolved controversy, dispute or claim arising out of or relating to this Agreement, or a breach thereof, the Parties will attempt to resolve the dispute through friendly and cooperative consultation. If the dispute is not resolved in a reasonable amount of time through discussion between the Parties, then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the State of Florida. The arbitrator’s decision and award will be final, and judgment may be entered upon it by any court having jurisdiction within the State of Florida. Entire Agreement This Agreement contains the entire understanding between the Parties with respect to the subject matter herein and supersedes any prior discussion or agreements between the Parties regarding the subject matter. This Agreement may be changed or amended only by an amendment in writing signed by the Parties. Limitation of Liability It is understood and agreed that Improvifi will not be liable to the Member, or any agent or associate of the Member, for any mistakes, omissions or errors in judgment or for any act or omission done in good faith and believed to be within the scope of this Agreement. Errors or Omissions Improvifi assumes no responsibility for unintentional errors or omissions that may appear in any Program Materials. Severability The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision. Survivability The Copyright Protection and Distribution Prevention of Program Materials and Intellectual Property section above shall survive the completion of Member participation in the Program and will remain in force and in effect in perpetuity. Member acknowledges and agrees that during, and any time after the completion of the Program, Member has an ongoing duty not to disclose and control the supervision of the Materials as outlined in the Copyright Protection of Program Materials and Intellectual Property section above.
Improvifi Commitment to Client Success At Improvifi, we are dedicated to the success and satisfaction of our clients. We stand behind the value of our financing solutions and training programs with a commitment that goes beyond traditional service agreements.
Legal Compliance This guarantee complies with applicable laws and regulations. Any disputes arising from this agreement will be resolved in accordance with the governing law specified in the Terms and Agreements.