Acceptance of Terms and Conditions for Participation in the Napoleon Hill Institute Mentorship Program
This Acceptance of Terms and Conditions (the “Agreement”) and the applicable registration or order form (the “Registration Form”) for participation in the Napoleon Hill Institute Mentorship Program, all related courses, materials, websites and associated programs (collectively referred to as the “Program”) sets forth the terms of the relationship between the Napoleon Hill Institute, and you as the purchaser or consumer (“you”) as it relates to the Program. You and NHI may be referred to in this Agreement collectively as the “Parties” or individually as a “Party.” You expressly agree to the terms of this Agreement by participating in the Program.
- Term of Agreement. The term of this Agreement shall be from the time NHI accepts your enrolment in the Program (the “Effective Date”) until the completion of the Program or, alternatively, upon termination by either Party. Either Party may terminate this Agreement at any time by giving the other Party written notice of termination. Termination will not, however, release either Party from any obligations that arose prior to the date written notice of termination was given.
- The Program. The period of the NHI Mentorship program is nine months. NHI also reserves the right to make changes to the program(s) regarding any content and pricing which includes any payment of commission rates to any of it’s affiliates.
- Program Participation Payments. You agree to pay NHI the amount(s) for participation in the Program (the “Program Deposit''). By paying NHI the Program Deposit, you are agreeing to the terms and conditions set forth in this Agreement. You further agree to pay NHI the total amount for participation in the Program (the “Program Tuition”) that is listed on the invoice provided to you after receipt of the Program Deposit or that NHI has otherwise advised you to be the cost to participate in the Program. The Program Tuition is the amount you and NHI agreed upon for your participation in the Program. You must pay NHI the Program Deposit before you can receive any products or materials related to the Program. You must pay NHI the full Program Tuition or be current on all payments required by NHI under any Program Tuition payment plan to be eligible to attend the Program. If you fail to make any payment(s) to NHI on an agreed upon date, NHI may deem all sums due by you immediately payable to it. Additionally, if you fail to make any payment(s) to NHI on an agreed upon date, NHI may suspend your ability to attend and/or receive products and services related to the Program. Any such suspension, however, does not relieve you of your obligation to pay NHI the full Program Tuition. All outstanding and/or delinquent Program Tuition payments must be brought current for you to resume participating in the Program and to receive products and services related to the Program.
- Guarantee. All payments made to the Napoleon Hill Institute, including the NHI Mentorship Tuition and Program Deposit, are eligible for an 80% refund of the total amount if requested within 10 days from the purchase date. The remaining 20% of the funds paid by you will be regarded as a partial donation to the Napoleon Hill Foundation and will be utilized for administrative purposes by the Napoleon Hill Institute upon receipt.
- Program Materials. If applicable, NHI will provide you with Program learning systems, Copies of the Digital Programs and any Hard Copy Materials for which you agree shall not be made available to the general public or any third party for sale, distribution, download, replication, copying, file sharing or otherwise. Upon payment of your Program Deposit, NHI will either ship, authorize and/or allow access to all Mentorship Digital Programs, the Hard Copy Materials (if applicable), the Program website, and all Program webinars and teleconferences. You agree that NHI will not be liable for any late delivery or incorrect delivery of the Digital Programs, the Hard Copy Materials or any other materials no matter when ordered. You also agree that you are responsible for purchasing and providing all collateral materials and tools required to participate in the Program, including marking pens, masking tape, flip charts, overheads, projectors, audiovisual, any required correct legal information, paying all of your own marketing expenses, making all required payments to NHI. You are also responsible for identifying NHI as the owner of the “NHI Mentorship” program and their related materials. NHI may update the Program and its related materials from time to time. NHI is under no obligation to make, provide updates to, or to supply you with materials related to any updated or modified version of the obligation to make, provide updates to, or to supply you with materials related to any updated or modified version of the Program. Should you decide to cancel your participation in the Program prior to completion you are required to return directly to NHI the Hard Copy Materials, all copies of the Digital Programs that can be returned (the “Required Returned Materials”). Should the Required Returned Materials be returned to the delivery warehouse or another NHI third party provider other than directly to NHI you shall be responsible for all handling, restocking or other fees imposed for the transaction. You are also required to cease accessing, using, selling, distributing, advertising and/or offering any materials related to the Program to the public.
- Credit Card on File Requirement. To participate in the Program, you must provide NHI with a valid credit card to keep on file. The credit card on file with NHI will be used to process your monthly or other agreed upon Program Tuition payments. NHI may require you to complete a credit card authorization form in addition to you accepting the terms of this Agreement. By maintaining a credit card on file with NHI, you represent and warrant that you are the authorized cardholder, you agree to the terms contained in this Agreement, you agree to pay, and specifically authorize NHI to charge the credit card on file for any required Program Tuition payments and any products or services that you have ordered. Moreover, you further agree that in the event the credit card on file becomes invalid, you will provide NHI with a new valid credit card that may be used to process payment for any outstanding balances owed for Program Tuition payments and any products and/or services you have ordered.
- Program Participation at Your Own Risk. NHI does not guarantee that you will achieve any specific personal, professional or financial results by your participation in the Program. NHI also does not guarantee you will earn any specific amount of income as a result of your participation in the Program. NHI makes no promises, representations or warranties concerning the viability of any goals, aspirations or endeavors you may identify or choose to pursue during or as a result of your participation in the Program. You agree to participate in the Program at your own risk. Program information, services and products are used at your own risk. You are solely responsible for any decisions and actions that result from your participation in the Program and the use of Program related information, products and services. NHI does not, and will not, provide you with any psychological, investment or financial advice in connection with your participation in the Program or otherwise.
- Ownership Rights and Proprietary Information. NHI and its affiliated entities own all right, title and interest (including all intellectual property rights throughout the world) to any and all course materials, products, services and information related to the Program. Moreover, NHI is the owner of the federally registered trademark “NHI Mentorship Program”. You agree that you will not make any Program materials available to the general public or any third party for sale, distribution, download, replication, translation, copying, file sharing or otherwise unless permitted by this Agreement or authorized in writing by NHI. You further agree that you will not translate any Program materials into any language other than the language to which it was provided to you by NHI without NHI’s express written consent. Any violation of this Section 12 may result in revocation of your certification, legal action or both by NHI.
- Intellectual Property. All trademarks, service marks, trade names, logos, patents and copyrighted materials associated with the Program or contained in the Program materials, including the rights to use the federally registered trademark “NHI Mentorship Program” or any variation thereof (the “NHI Intellectual Property“), are the property of NHI and/or its affiliated entities. You agree not to infringe upon the NHI Intellectual Property by, among other things, the following: (1) duplicating or creating material (including any derivative works) that is the same or substantially similar to the NHI Intellectual Property; (2) registering, creating or using trademarks, service marks or domain names that are the same or substantially similar to the NHI Intellectual Property; (3) using, manufacturing, or selling any product or service that infringes upon the NHI Intellectual Property; and (4) taking any action implies or appears to be an endorsement, partnership, or association with NHI to which it has not expressly consented. Any violation of this Section 13 may result in revocation of your certification, legal action or both.
- Modification. NHI may modify or amend any of the terms and conditions contained in this Agreement, at any time and by posting a change notice or a new version of the Agreement on the applicable Program website or by otherwise advising you of the amendment/modification. If any such amendment/modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following the posting of a change notice or a new version of this Agreement on the applicable Program website or following notice of the modification/amendment will constitute your binding acceptance of the new terms and conditions.
- Indemnification. You will indemnify, hold harmless and defend NHI (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) against any and all claims, expenses, costs, causes of action and damages (including those for personal injury, property damage and reasonable attorney’s fees) relating to your participation in the Program or for violation of this Agreement.
- Assignment. You may not assign this Agreement (or any obligations under this Agreement without NHI’s prior written consent.
- Limitation of Liability. NHI (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) shall not be liable for any indirect, incidental, special or consequential damages of any nature (including but not limited to claims for personal injury, property damage, loss of revenue, profits) related to your participation in the Program. Under no circumstances shall NHI’s liability, if any, exceed the Program Tuition.
- Governing Law; Class Action Waiver. This Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without reference to rules governing choice of laws. You irrevocably and unconditionally waive, to the fullest extent permitted by law, any right you may have to participate as a representative or member of any class of claimants in any class action lawsuit against NHI, or any of its affiliated entities, that relates to your participation in the Program.
- Arbitration. Any dispute or claim arising out of or related to this Agreement, it’s performance, breach, or interpretation (including issues about its validity or enforceability), shall be resolved by binding arbitration before the American Arbitration Association (the “AAA”) with the appointment of a single arbitrator.
- Legal Age. You represent that you are of legal age to enter into this Agreement.
- Relationship of Parties. Nothing in this Agreement or through your participation in the Program shall create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and NHI.
- Miscellaneous. This Agreement, together with any invoices provided by NHI, constitutes the entire understanding of the Parties with respect to your participation in the Program. This Agreement, together with any invoices provided by NHI, revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties regarding your participation in the Program.
I _____________________________hereby agree to these above noted terms and conditions,
effective as of the________ day of ___________, 2023.
Full Name Signature