NEUROFIT Nervous System Course: Terms of Service

NEUROFIT™ Nervous System Fitness Course - Terms of Service Agreement

Effective Date: September 7, 2023

Thank you for joining Xama Technologies, Inc (the “Company”), for the NEUROFIT™ Nervous System Fitness Course (the “Program”). This Agreement starts on the date that you, the “Participant,” purchase this program. Participant is a business owner and enters this Agreement in his or her business capacity.

The Purposes of this Agreement:

This Agreement is made so that Participant can participate in the Course (the “Program”). The Program has one educational component.

This Agreement DOES NOT do any of these things:

This Agreement does not give the Participant a license to teach, utilize or distribute any part of this content in a business or commercial capacity. Doing so, without completing Company’s Trainer Certification is a breach of this agreement.

This Agreement does not make Company and the Participant partners, joint venturers, co-owners, principals or agents, or employers or employees of one another.

This Agreement does not sell or otherwise transfer ownership of Company’s intellectual property.

This Agreement does not promise financial results.

THE BASICS

1. The Program Price is $197 USD. On occasion, Company may offer incentives and bonuses for joining; they appear in the sales materials for the Program and are incorporated as if fully stated in this Agreement.

2. This Agreement, the Company’s publicly available Policies and Disclaimers, and the Credit Card Authorization, if any, are the entire agreement between us. These written documents supersede our prior discussions, emails, online or voice messages. By purchasing our certification, you agree that there is no information that you deem materially important that is not incorporated into this Agreement.

WHAT YOUR PURCHASE INCLUDES AS A PARTICIPANT

1. Access to the online portal. You receive access to the Program’s online portal, which includes recorded modules for self-paced study for a period of 365 days.

Please understand: Occasionally the curriculum, guest experts, and channels to access the Program and its representatives may have to change based on group needs, available technology, and factors outside the Company’s control. The Company will replace or substitute the items above, if it determines it is necessary to do so in its sole discretion, with something of similar value as deemed by Company.

YOUR COURSE INCLUDES

Program includes and is limited to the course materials contained in the Company's student portal

THESE ARE *NOT* INCLUDED

1. Services. Done-for-you services of any kind are not included.

2. Coaching. One-on-one coaching is not included. Please direct questions to the questions and answer portion of the training.

3. Endorsements. Endorsements. You are not receiving an endorsement from Xama Technologies, Inc or Loren Hogue, Andrew Hogue, and neither is any other participant. Do not create the appearance of an endorsement or rely on any person who claims to be endorsed by Xama Technologies, Inc.

4. Participant Ownership of Written Materials. As a Participant, you will have one license to view written materials provided by Company. You do not have ownership of this information, which is protected by federal copyright laws. Some of the information may also protected by a contractual license between the provider and Company. You may not copy, re-engineer, distribute, or otherwise provide access to this information to any other person, for free or paid, without express written consent of Company, which it may withhold for any reason, and purchase of a license (prices start at $10,000.00).

5. Results Not Guaranteed. You are receiving access to Program materials, support and guidance, but not guaranteed results in your business or guaranteed outcome from participating in the Program.

6. Certification NOT included.This Agreement does not give the Participant a license to teach, utilize or distribute any part of this content in a business or commercial capacity. Doing so, without completing Company’s Trainer Certification is a breach of this agreement.

THESE ARE YOUR RESPONSIBILITIES- Do not join unless you can do these things:

1. Know Your Own Circumstances. You are in the best position to evaluate your personal circumstances, including legal, medical, financial, business, and family matters, and you take sole responsibility for the decisions or actions (or inaction) regarding them as those decisions or actions pertain to participating in the Program.

2. You can afford to pay the entire cost of the program, even if you cannot fully participate. By signing up, you are representing and warranting to Xama Technologies, Inc that you can bear the economic risk for paying the program purchase price, and that in doing so, you will not experience economic or financial hardship.

IMPORTANT LEGAL TERMS

Please read this carefully because it impacts valuable legal rights

1. There is a NO REFUNDS policy.

By signing this Agreement, you acknowledge that no one has represented to you that refunds are available. Even if you cannot participate for any reason, you will continue to be billed according to the schedule in Section 1 of this Agreement through the end of the Term. Xama Technologies, Inc considers this policy a material inducement to entering into this Agreement, and would not have done so unless this No Refunds policy were included. If you initiate a chargeback, Xama Technologies, Inc will issue a $250 fee to you. On a case-by-case basis, Company may offer a different program of Company’s choosing to assist Participant in an area of her business that may increase results in the Program.

2. You are a Business Owner.

You enter this Agreement in your capacity as a business owner, not as an individual consumer. This is true even if you do not have a business entity such as a limited liability company. As a business owner, you may have limited rights under the laws of your state, and may be giving up consumer rights.

3. Disclaimer of Warranties.

Participant understands the Program is offered on an “as-is, where-is” basis, without any implied or express warranty as to its performance or to the results that may be obtained by using the program. This limited warranty is the only express warranty made to you.

4. Damages are limited under this Agreement.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF OPPORTUNITY COST, LOSS OF PROFITS AND THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. DAMAGES, INCLUDING ATTORNEY’S FEES AND COSTS, ARE LIMITED TO THE AMOUNT PAID UNDER THIS AGREEMENT.

5. No Accreditation.

Participant acknowledges that no representation has been made concerning the accreditation of the NEUROFIT™ Trainer Certification Program. It is not a regionally or nationally accredited program and has not been accredited by the Council for Higher Education Accreditation, International Coaching Federation, or any other designated agency or accrediting body recognized by the United States Department of Education or otherwise.

6. No Professional Advice.

The Company does not engage in the rendering of legal, accounting, or other professional services. Any information provided during the Term of this Agreement is not meant to be an endorsement or offering of any business or other investment. You acknowledge that you will make your own decisions before acting on any information gained from this program.

7. No Guarantee of Revenue or Profits; Risk of Loss.

Business profitability or the lack thereof is greatly dependent upon individual decisions, abilities, and general market forces, and the Company makes no guarantees or warranties that information provided to you through the Program will result in profits.

The Company is in no way responsible or liable for your use of the information provided through the Program. By signing this Agreement, you acknowledge that you assume all risks and liabilities related to your business, including the loss of funds invested.

8. Xama Technologies, Inc can end your participation in the program.

Company may determine, in its sole discretion and without requiring disclosure of the reason, that the relationship under this Agreement must terminate.

9. California law governs this Agreement and it will be enforced by either party in California.

This Agreement will be governed by California law, without regard to its conflicts of law principles. I understand and agree that I submit to the personal jurisdiction and venue of the California courts and agree that any legal proceeding commenced shall take place in a 50-mile radius of Los Angeles, California.

10. No Assignment; No oral waivers or modifications.

This Agreement may not be assigned to any other party. Its requirements may not be waived or modified except in writing signed by the Company.

11. Relationship; Transfer of Property.

The parties are in a vendor and vendee relationship. Further, under no circumstances shall this Agreement be construed to as a transfer of ownership of primary or derivative intellectual property of Xama Technologies, Inc.