Please READ carefully, as this pertains to your registration in The Modern CEO, Accelerate, and/or other programs offered (sometimes referred to as “Program”) with AMBER MCCUE LLC (sometimes referred to as “us”). By purchasing our Program, you agree to the following terms:
You understand you can contact us at nice@ambermccue.com to answer questions about this Agreement.
The term of this Agreement begins on the date of purchase and ends upon the first to occur of: (i) completion of your upcoming The Modern CEO program session or (ii) cancellation or termination of this Agreement. If you wish to continue working together after the expiration or termination of this Agreement, it shall be subject to a new Agreement for the new term.

The Modern CEO & Accelerate

PAYMENT
You understand that you must pay AMBER MCCUE LLC in full for The Modern CEO or Accelerate at the standard rates applicable to the term. You may lose access to the Program if payments are missed or full payment is not completed by the due date. Please remember that you are responsible for the full balance of your payment plan once the 3-Day Win-Win Guarantee window has closed.
You may either pay AMBER MCCUE LLC in full upon purchase or make monthly payments as part of an agreed-upon payment plan, as more fully detailed below. The full fee is non-refundable, whether made upon purchase or amortized. In the unlikely event your payments are missing or late, AMBER MCCUE LLC reserves the right to place services on hold until any outstanding invoice is paid; if your payment is late and you are paying via the payment plan, all future payments shall accelerate and be due immediately, as more fully detailed below.
Your credit/debit card details are handled through a third party, not by AMBER MCCUE LLC. Authority for payment must be given at the time of placing your order.

PAYMENT PLAN
If you choose to pay the Program fee in 6-12 monthly payments, you understand and agree that you are responsible for all payments. Payments due will be as stated on the checkout page you enroll through, and these terms are incorporated herein.
Specifically, you understand and agree that you are responsible for all fees due through each one year term of the Agreement. For avoidance of doubt, the fee is the total amount due under this Agreement for each annual term, and monthly payments charged to you are only for your convenience, which is a privilege, not a right. If payments are not kept current, the Program provided to you may be terminated for such breach and the full fee shall be accelerated and immediately due and payable. The Program shall resume immediately upon AMBER MCCUE LLC's receipt of payment (including all late payments) and a reasonable reactivation fee, which shall not exceed 25% of the remaining total of fees due through the end of the term, plus interest at a rate of prime plus 1% per annum.
PLEASE NOTE: This is not a monthly membership or subscription program with the option to cancel further monthly payments. The Payment Plan option is simply the opportunity to amortize your payment over 6-12 months.

METHODS OF PAYMENT
You may elect to pay via credit card, debit card, or PayPal. If you elect to pay by monthly installments, you authorize AMBER MCCUE LLC to charge your credit card, debit card or PayPal account (whichever method was used for the initial payment) for the initial installment, then each subsequent payment due.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate. Please promptly contact AMBER MCCUE LLC if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize AMBER MCCUE LLC to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer or PayPal account, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which are your responsibility to pay. You are advised to check with your bank and credit card issuer for details.

PROGRAM ACCESS AND RENEWALS
Upon enrollment you will have access to the Program for as long as you are an active member of the community. The initial term of access is 6 or 12 months depending on payment plan, after which point your 6 or 12 month experience will auto-renew with an Alumni discount offer for another 6 to 12 month term. If payment issues arise at any point, access to the Program will be removed after 45 days and any material saved in the Program will also be deleted (points, rewards, dashboards, etc.)

REFUND POLICY
Due to the extensive time involved in the Program, refunds will not be given past the 3-day win-win guarantee window. This deadline is firm.
We are completely devoted to your success. We want you to be satisfied with your purchase, and we also want you to have the opportunity to leverage and benefit from all the elements of the Program. The Company provides a 3-day win-win guarantee for the Program. That money-back guarantee is governed by the terms found in this Section.

In order to qualify for a refund, you must contact our team at nice@ambermccue.com us and share why this Program is not aligned/suited to supporting you in your business growth. You must make this decision by the third day of first enrolling in the Program, by 3:59pm CST. If you request a refund and do not include your reasoning by the 3rd day, you will not be granted a refund.

PLEASE NOTE: DOWNLOADING ALL PROGRAM MATERIAL WITHIN THE WIN-WIN PERIOD WILL VOID THE WIN-WIN GUARANTEE.
We will NOT provide a refund if you have either downloaded program material, or if your request comes more than 3-days following enrollment. This is firm.
All payments are non-refundable after the win-win period. You understand and agree that you are responsible for full payment of the fees for the Program after this date, regardless of whether you complete the Program.
REMINDER: If you opted for a payment plan and you do not request a refund within the win-win period with the required information at the time of your refund request, you are required by law to complete the remaining amortized payments of your payment plan. This is firm.
Upon determining that you are entitled to a refund pursuant to this policy, we will promptly issue an instruction to our payment processor to issue the refund. We do not control the payment processor and will not be able to expedite any refunds.
If you receive a refund of any purchase through this win-win guarantee, it immediately terminates any and all licenses granted you to use the material provided under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
All refunds are discretionary as determined by AMBER MCCUE, LLC. To further clarify, we will not provide refunds for requests made after the 3rd day from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate outlined in the Payment section above, or the highest rate allowed by law, whichever is greater.
If you have any questions or problems, please let us know by contacting our team directly. The team can be reached at: nice@ambermccue.com.

CANCELLATION OR POSTPONEMENT
If AMBER MCCUE LLC cancels the upcoming session of the Program, you will be guaranteed a reservation in the next scheduled start date for that Program. If AMBER MCCUE LLC cancels the Program completely with no intent to offer another session, you will be entitled to a full refund of all paid Program fees if the session has not yet begun. If the session has already begun, you are entitled to a partial refund of the portion of the Program that remains undelivered. AMBER MCCUE LLC has the discretion to calculate the prorated amount due.
Postponement by AMBER MCCUE LLC of a scheduled start date for any service, program, or course shall not entitle you to cancel or terminate this Agreement.

USE OF RECORDINGS
Please note that consulting calls, webinars, Power Hour, Masterminding, Open Studio, or other audio or visual services may be recorded and portions of these recordings may be used in the future by AMBER MCCUE LLC for business and promotional materials or in conjunction with the sale of any products or services unless you specifically request otherwise. If you would like to make such a request, please send an email to nice@ambermccue.com.
Please Note: personal and confidential information will never be disclosed as per the Confidentiality paragraph below. You will be requested to approve recordings that you appear, or are heard, in before they are shared publicly.

CONFIDENTIALITY
As part of Program, you and AMBER MCCUE LLC agree to hold any Confidential Information received from the other in the strictest confidence.
You also agree to hold every other participant’s Confidential Information in the same strict confidence as required between AMBER MCCUE LLC and its Program participants. Information shared in groups, on calls, in video conferences, or any other means shall be maintained as confidential.

ACCESS TO PROGRAM MATERIALS
You will have access to all materials and services for the duration of the Program as long as all payments are made in full. In the event AMBER MCCUE LLC discontinues the Program, you will be given fair notice in order to have sufficient time to download any available content before the Program ends.

NO GUARANTEE OF RESULTS
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PROGRAM IS AT YOUR SOLE RISK. The content of the Program is for educational and informational purposes only. By purchasing the Program you accept, agree and understand that you are fully responsible for your progress and results and that we offer no representations, warranties or guarantees verbally or in writing regarding your results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, network and financial situation, to name just a few. You also understand that any testimonials or endorsements by our clients, customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.

EARNINGS DISCLAIMER
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT OUR PRODUCTS AND THEIR POTENTIAL. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCTS, IDEAS, AND TECHNIQUES. WE DO NOT PURPORT ANY OF OUR PRODUCTS TO BE A “GET RICH SCHEME.”
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO OUR PROGRAMS, IDEAS, AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE, AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO THE INDIVIDUAL, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCTS AND ON OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES, OR IS BASED UPON, FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD-LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIALS ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS ARE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR THE TESTIMONIALS OF OUR CLIENTS. IN FACT, NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM THE IDEAS AND TECHNIQUES IN OUR MATERIAL.

INTELLECTUAL PROPERTY
By accepting this Agreement, you acknowledge and agree that all content presented within the Program is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of AMBER MCCUE LLC and/or its affiliates.
You are only permitted to use the content as expressly authorized by AMBER MCCUE LLC or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content or information from the Program in any form or by any means without prior written permission from AMBER MCCUE LLC or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available within. Any unauthorized use of the materials referred to may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the way such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.

NON-DISPARAGEMENT
The parties agree and accept that the only venue for resolving any dispute shall be in the venue set forth hereinbelow. The Parties agree that they will engage in neither conduct nor communications with a third party, public or private, designed to disparage the other. Neither you nor any of your associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, AMBER MCCUE LLC or any of its programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.

LIMITATION OF LIABILITY; THIRD PARTIES

AMBER MCCUE LLC’S MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT OR CONTRACT, SHALL BE LIMITED TO THE AMOUNT OF SERVICES FEES PAYABLE BY YOU FOR THE SERVICES FROM WHICH THE CLAIM AROSE. IN NO EVENT SHALL AMBER MCCUE LLC BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST DATA OR LOST PROFITS, HOWEVER ARISING, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.

INDEMNIFICATION
You shall defend, indemnify, and hold harmless AMBER MCCUE LLC and its officers, members, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from your use of the Program, excluding, however, any expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by AMBER MCCUE LLC or any of its members, trustees, affiliates or successors. You recognize and agree that all of the AMBER MCCUE LLC members, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of AMBER MCCUE LLC. In consideration of and as part of your payment for the right to participate in AMBER MCCUE LLC Programs, the undersigned, your heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge AMBER MCCUE LLC and its members, principals, directors, employees, agents, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from your participation in the Program.
You understand and agree that AMBER MCCUE LLC may recommend third parties to you to perform contract services. Any issues that you have with said third parties must be taken up between you and them; you agree to hold harmless AMBER MCCUE LLC completely therefrom.

GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida without regard to the conflicts of laws and principles thereof. Personal jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement, shall be only in a federal or state court having subject matter jurisdiction located in the State of Florida, and the parties agree that service may be made by trackable commercial courier on them.

ENFORCEMENT AND DISPUTE RESOLUTION
Any cause of action brought by you against us or our affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees’ (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of Florida and agrees that those courts have personal jurisdiction over each party; (iii) venue will be in Florida; and (iv) the parties will submit the dispute to mandatory mediation held in Florida or through an online mediation service agreed upon by all parties. If the parties cannot agree on a mediator, then any party may apply at any time to the presiding judge of the Superior Court for the appointment of a mediator, and the judge’s selection is binding on all parties. The parties will share equally (50/50) in all costs of the mediation, including the mediator’s fees, but each party is solely responsible for its own attorneys’ and experts’ fees. Every mediation will be completed within 4 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 4-month period, then the parties may continue seeking to resolve the dispute via any process, including litigation by trial.

FORCE MAJEURE
Except for payment obligations, in the event that any cause beyond the reasonable control of either party, including without limitation Acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, sickness, computer issues, Internet issues, or the like make it inadvisable, illegal, or impossible for a party to perform its obligations under this Agreement, its performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

PARTICIPANT ACKNOWLEDGEMENT
This Agreement shall constitute the entire agreement between you and AMBER MCCUE LLC. You understand and agree that this Agreement supersedes any prior or contemporaneous oral or written agreements or statements and may not be modified without the written consent of AMBER MCCUE LLC. You also understand that this Agreement constitutes a binding contract upon purchase of the Program.

SEVERABILITY/WAIVER
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

ASSIGNMENT
You may not assign this Agreement without the express written consent of Company.

MODIFICATION
Company may modify terms of this Agreement at any time. All modifications shall be posted on the Program’s website and clients shall be notified.

TERMINATION
AMBER MCCUE LLC is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, you agree that AMBER MCCUE LLC may, in its sole discretion, terminate this Agreement, and limit, suspend, or terminate your participation in the Program without refund or forgiveness of monthly payments if AMBER MCCUE LLC determines, in its sole discretion that: (i) you have become disruptive; (ii) , you have failed to follow the Program guidelines, (iii) you are difficult to work with, (iv) you have impairedthe participation or experience of the other participants in the Program or (v) you have violated the terms of your agreement. For avoidance of doubt, even if so limited, suspended, or terminated, you will still be liable to pay the total contract amount.

WARRANTIES
AMBER MCCUE LLC warrants that it has the right to provide the Program and will use all reasonable skill and care in making it available to you. Because of the nature of the internet, errors and omissions do occur and AMBER MCCUE LLC does not give any other warranties in respect of the Program.

CHANGES TO PROGRAM
AMBER MCCUE LLC is continually seeking to improve the Program. AMBER MCCUE LLC reserves the right, at its discretion, to make changes to any part of the Program provided that it does not materially reduce its content or functionality.

MISCELLANEOUS
If any provision of this Agreement is deemed to be invalid or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and the parties agree to renegotiate such provision in good faith, in order to maintain the economic position enjoyed by each party as close as possible to that under the provision rendered unenforceable. In the event that the parties cannot reach a mutually agreeable and enforceable replacement for such provision, then (i) such provision shall be excluded from this Agreement, (ii) the balance of the Agreement shall be interpreted as if such provision were so excluded and (iii) the balance of the Agreement shall be enforceable in accordance with its terms. This agreement shall not be strictly construed against the drafter.

CONTACT INFORMATION
If you have any questions or concerns, please contact AMBER MCCUE LLC by email at nice@ambermccue.com.