This Agreement is between Moxie and Fourth LLC (“Company”) and You (“Student”) (collectively the “Parties,” or in the singular “Party”), for the purpose of Student purchasing and participating in the Company’s group coaching program Six Weeks To Send (“Program”) outlined below. This Agreement shall become effective upon the date of Student completing the checkout process.

1. Scope of Program

Access to ThriveCart Learn online platform, where program materials and assets are housed for student access upon enrollment and successful payment.
8 weeks of access to the group Slack channel, including one week prior to the live program beginning and one week after, unless otherwise stated.
Access to optional upgrades as presented during the program, which are subject to change in scope and availability.
Live weekly calls and access to replays and recordings as needed.
All other materials and resources as outlined at the time of enrollment.

2. Program Terms

After enrolling in the Program, Student will be given access to the Program Slack channel and Program materials in ThriveCart Learn by Company within 24 business hours. Student will have continual access to the available Program materials in ThriveCart Learn for so long as Student completes their payment installments if applicable and for so long as the Program exists. Student understands that the live portion of the Program will end, at which time, the Slack channel access will be terminated.
Student shall only have one license to access the Program and use Program materials. Student understands and agrees that the Program materials may not be shared with any third party. In the event Company suspects that the Program material is being shared or that Student has shared its log-in information with a third party, Company reserves the right to immediately and permanently terminate Student’s access to the Program in its sole discretion.

3. Enrollment Fee, Installments, & Chargebacks

At the time of purchase, Student agrees to pay Company according to the selected payment schedule. Payment options include:
Paying in full, which grants immediate access to all program assets; or
Paying in two equal installments, with the second payment due 30 days after the first.
For the two-installment option, access to the final portion of the Program and its assets will remain locked until full payment is received. If the second installment payment is declined, Student will be temporarily removed from the Program until a new payment method is provided. Failure to submit the second payment within 30 days of the due date will result in forfeiture of the Student’s place in the Program, loss of access to all course materials, and retention of the initial installment by the Company.
Student understands and agrees that the Company’s online payment processor will securely store their credit card information. Student authorizes the Company to charge their credit card automatically in accordance with the terms outlined in this Agreement.
Any additional coaching services, material reviews, calls, emails, or time beyond those listed in Section 1 will be invoiced separately from the Program.
Student agrees to contact the Company directly to resolve any concerns or disputes related to Program enrollment. Dissatisfaction with services, misunderstandings, or lack of communication are not valid grounds for chargebacks. The Company reserves the right to provide evidence to the credit card issuer to dispute any unwarranted chargebacks.
In the event of an unwarranted chargeback, Student agrees to reimburse the Company for all associated fees, including administrative costs, legal fees, and other expenses incurred in disputing the chargeback. The Company also reserves the right to suspend or terminate Student’s access to the Program if a chargeback is initiated without prior resolution efforts. Reinstatement of enrollment is at the Company’s sole discretion and will require resolution of the chargeback dispute and payment of any outstanding fees.

4. Refund Policy

Due to the digital nature and immediate access of the content within the Program, all payments by Student to Company are non-refundable.

5. Student Responsibilities & Expectations

Student acknowledges that the Program is a group coaching experience and not a 1-on-1 coaching service. Student agrees to engage with other participants respectfully, actively contribute to group conversations, and maintain group confidentiality as outlined in Section 12.
As part of the Program, Student may post materials, comments, or replies (“Student Contributions”) in the Program Slack channel. Student is expected to ensure all contributions align with the standards of professionalism and respect established in this Agreement.
The Company reserves the right to temporarily suspend or permanently remove Students from the Slack channel and/or the Program for behavior or communication that violates the terms of this Agreement. Such violations include, but are not limited to:
Harassment, discriminatory, or offensive messages or posts;
Insensitive or harmful comments;
Copying, plagiarism, or unauthorized sharing of Program resources or assets;
Any actions deemed disruptive or disrespectful to the Program’s integrity.
Students who violate these expectations may face consequences such as warnings or permanent dismissal from the Program. No refunds will be issued in the event of dismissal.

6. Term & Termination

This Agreement shall last for a term of 8 weeks unless otherwise specified in writing by Company. Student may terminate this Agreement upon giving 30-days written Notice (as defined in Section 31) to Company, but no refund will be given whatsoever. If such Notice is given and there is still an outstanding balance on Student’s account, Student will be relieved of the remaining balance to Company.

Company may terminate this Agreement at any time in the event Student breaches contract, Student fails to comply with suggestions provided by Coach without reaching an agreeable alternative solution, or Student does not remit payment as specified in Section 3.

7. Personal Information

By participating in the Program, Student will be asked to register with the Program hosting platform to receive access to Program materials. Student shall select a username and password and may be asked to provide further personal information. Student agrees to allow Company access to this personal information for all lawful purposes. Student is responsible for the accuracy of the identifying information, maintaining the safety and security of its identifying information, and updating Company on any changes to its identifying information.

The billing information provided to Company by Student will be kept secure and is subject to the same confidentiality and accuracy requirements as Student’s identifying information indicated above. Providing false or inaccurate information, or using the Program for fraud or unlawful activity, is grounds for immediate termination from the Program.

8. Communication

The Company is generally available for communication during normal business hours: Monday through Friday, 9:00 AM to 5:00 PM EST, excluding holidays and published out-of-office days. The primary channels for communication are the Program email (hello@moxieandfourth.com) and the dedicated Slack channel provided to Students.
The Company will respond to Student inquiries within 24 business hours and review any submitted documents or materials within three business days, unless otherwise specified. The Company is not obligated to respond outside of business hours, on weekends, or during holidays.
If the Company anticipates a temporary unavailability during regular business hours, reasonable efforts will be made to notify Students and Program participants in advance.

9. Additional Services

If Student wishes to enroll in any additional post-Program services offered by the Company, they must adhere to the processes and timelines specified by the Company. Enrollment in additional services is not guaranteed as part of participation in this Program. Student acknowledges that additional services will be subject to separate costs, agreements, and terms.

10. Service Location

Both Parties agree and understand that the coaching services to be provided under this Agreement shall be performed virtually.

11. Copyright & Intellectual Property

All Program services, documents, emails, blogs, digital files, paper documents, and any other work created by Company in relation to this Agreement is the exclusive and sole property of Company and are protected by United States Copyright Laws (USC Title 17). Student hereby agrees that Company’s Program and accompanying content is owned by Moxie and Fourth LLC and is not to be used for purposes beyond Student implementation. Student is granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. Student shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program. Violations of this federal law will be subject to its civil and criminal penalties.

12. Confidentiality

Student shall not (i) disclose to any third-party any details regarding the business of the Company, including, but not limited to, coaching materials, mentoring style, customers, the prices it obtains, the prices at which it sells products and programs, manners of operation, plans or business ideas, strategies and workflows, trade secrets, or any other information pertaining to the business of the Company (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or (iii) use Confidential Information other than solely for the benefit of the Company.

Furthermore, due to the nature of the group coaching program and the need for all participants to talk openly about their businesses, Student shall not (i) disclose to any third-party any details regarding the business of any other group coaching participant, including, but not limited to, their business plans or strategies, upcoming courses or launches, prices or customers, manners of operation, trade secrets, or any other information pertaining to the business of the group coaching participant (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the group coaching participant, or (iii) use Confidential Information other than solely for the benefit of the group coaching participant.

Company will not use Student’s name, likeness, photos, or testimonial for advertising, press releases, announcements or any promotional purposes, including on its website, without the prior written consent of Student.

13. Assumption of Risk Using Online Platform

Student agrees that their participation in the Program is at its own risk. Company does not assume or accept responsibility for the security of Student’s account or content. Student agrees that their participation in the creation of an online account is at their own risk. In the event a breach of security has occurred, Company will notify Student pursuant to all laws and regulations.

14. No Guarantees

COMPANY DOES NOT MAKE ANY GUARANTEES AS TO THE STUDENT’S PERSONAL, BUSINESS, OR FINANCIAL RESULTS OF ANY GROUP COACHING SERVICES PROVIDED. Company agrees to provide the services listed in this Agreement in a reasonable and timely manner. Student agrees to take responsibility for Student’s own results and understands that the coaching program provided by Company takes work, time, and commitment.

15. Release & Reasonable Expectations

Student has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s services throughout the coaching program will produce different outcomes and results for each Student it works with. Student understands and agrees that:

Every Student and final result is different.
Coaching and/or consulting is a subjective service and Company may give different information to each Student depending on its personal and business needs.
Company will use its personal judgment to create favorable experiences to each Student depending on their business needs.
Dissatisfaction with Company’s independent judgment or individual coaching style are not valid reasons for termination of this Agreement or request of any monies returned.

16. Disclaimer

Student agrees and understands that Company is not providing the professional services of an attorney, accountant, financial planner, therapist or any other kind of licensed or certified professional. Should Student desire professional services that exceed the scope of this Agreement, Student must sign a letter of engagement for said professional services with the appropriate service provider.

17. Non-Disparagement

Company and the Student agree that, at all times during this Agreement and in perpetuity, they shall use reasonable and good faith efforts to ensure that neither Party engages in any vilification of the other, and shall refrain from making any false, negative, critical or disparaging statements, implied or expressed, concerning the other, including, but not limited to, management style, methods of doing business, the quality of products and services, role in the community, or treatment of Company. The Parties further agree to do nothing that would damage the other’s business reputation or goodwill; provided, however, that nothing in this Agreement shall prohibit either Party’s disclosure of information which is required to be disclosed in compliance with applicable laws or regulations or by order of a court or other regulatory body of competent jurisdiction.

18. Indemnification

Each Party hereby agrees to indemnify and hold harmless the other Party and its agents from and against any and all losses, damages, liabilities, expenses and costs, including reasonable legal expenses and attorneys’ fees, to which the other may become subject as a result of any claim, demand, action or other legal proceeding by any third-party to the extent such losses arise directly or indirectly out of activities performed by the other Party pursuant to this Agreement, except to the extent such losses result from the gross negligence or willful misconduct of a Party.

19. Maximum Damages

The sole remedy for any actions or claims shall be limited to the maximum amount not to exceed the total monies paid by Student under this Agreement.

20. Limitation of Liability

Student acknowledges that while the Company may provide business and personal solutions and suggestions, it is up to Student to act in its own best interest and understand that all decisions for improvement ultimately fall upon Student. Student agrees that all business, personal, and financial decisions are its own responsibility.

In no event shall Company be liable under this Agreement to Student or any other third-party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Student was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

21. Force Majeure

No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control that are unforeseen and unpredictable at the time of contracting, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 10 days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 30 days following Notice given by it, the other Party may thereafter terminate this Agreement upon Notice.

In the event of termination due to a Force Majeure Event, any and all payments made by Student up to the date of Notice of a Force Majeure Event are non-refundable. Furthermore, a Force Majeure Event may delay performance of payment by Student, but Student is still required to complete all remaining payments after the Force Majeure Event ends. If a Force Majeure Event severely impacts the group coaching program or ability of Company to provide its services, Company will offer alternative forms of coaching that are equivalent to the services intended under this Agreement in Company’s sole discretion

22. Cancellation of Program by Company

In the event Company determines, in its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, pregnancy, military orders, religious obligations, or other personal emergencies, it will:
Immediately give Notice to Student;
Issue a refund or credit based on a reasonably accurate percentage of services rendered; and
Excuse Student of any further performance and/or payment obligations under this Agreement.

23. Sales Tax

Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Student and remitted by Company. All sales tax will be included on invoices.

24. Assignability & Parties of Interest

Student shall not assign, sub-contract, substitute, or hire any third-party to take the place of Student in performance of this Agreement.

25. Entire Agreement

This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by both Parties, and physically attached to the original agreement.

26. Venue & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration shall be resolved exclusively in a federal or state court of competent jurisdiction located in Washtenaw County, Michigan. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.

27. Arbitration

Any and all disputes or disagreements rising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Washtenaw County, Michigan, unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

28. Severability & No Waiver

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.

29. Transfer

This Agreement cannot be transferred or assigned to any third-party by either the Company or Student without written consent of all Parties.

30. Headings

Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.

31. Notice

Parties shall provide effective notice (“Notice”) to each other via email at the date and time which the Notice is sent: Company’s Email: hello@moxieandfourth.com; Student’s Email: as listed on enrollment purchase receipt.

32. Counterparts & Facsimile Signatures

A copy of this Agreement may be executed by each individual/entity separately, and when each has executed a copy thereof, such copies, taken together, shall be deemed to be a full and complete agreement between the Parties. The Parties agree that a facsimile copy (electronic copy) of this Agreement may be used as the original.

Student Signature
By checking the box on this order form and upon completion of purchase, Student confirms that it has read, understands, and agrees to the terms and conditions of this Agreement.

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