FORCE MULTIPLIER IQ PRODUCT and PROGRAM TERMS & CONDITIONS AGREEMENT
Effective Date: October 10, 2025
THIS FORCE MULTIPLIER IQ PROGRAM AGREEMENT (this “Agreement”) is entered into and effective as of the date of purchase by and between the purchaser (“Client,” “you,” or “your”) and FORCE MULTIPLIER IQ, LLC, a Florida limited liability company (“we,” “us,” “our(s),” or “FMIQ”), and sets forth the legally binding terms for your access to the Force Multiplier IQ program, course, coaching engagement, live program, or digital product that you purchase, including without limitation Leading Change (the “Program”).
By purchasing access to the Program, you hereby acknowledge, understand, and agree to be bound by the following terms and conditions of this Agreement.
1. Services. The Program may include different components, such as videos, audio tracks, PDFs, live call recordings, access to a private membership portal, live sessions hosted via Zoom, and www.forcemultiplieriq.com. You are granted a non-exclusive, non-transferable, revocable license to access the Program for personal use only from the date of purchase, in accordance with the terms and conditions of this Agreement. Without limitation of any of our rights or remedies at law, in equity, or under this Agreement, and subject to the applicable facts and circumstances, we may terminate your license and right to use the Program, in whole or in part, without providing any refund, if we determine, in our sole discretion, that you have breached or violated any of the provisions of this Agreement.
2. Sign-in Name; Password; Unique Identifier. During the registration process you will create an account which asks for, at minimum, a login name and password. You are to provide true, accurate, and current information. You will not share login information, call-in numbers, passwords, and protected links with anyone, and you hereby acknowledge that sharing such information is a material breach of this Agreement. Providing this information gives FMIQ permission to communicate with you to relay special offers, announcements, and information.
3. Payment. As consideration for purchase of the Program, you agree to pay Force Multiplier IQ the full purchase price, plus any applicable taxes and fees, in a single payment in full at the time of purchase. By purchasing the Program, you authorize us to charge your credit card, debit card, or PayPal account for the full purchase price.
You agree to provide complete, current, and accurate payment information and to update us promptly should any payment information change. If any payment fails, is declined, or is otherwise unable to be processed, your access to the Program, including course materials, community features, and any bonus content, will be immediately suspended. Access will be reinstated once the outstanding payment has been successfully processed. If you experience a payment issue, you may contact [email protected] within 5 business days for assistance.
A suspension of access due to failed or late payments does not pause, extend, or reset your overall Program access window.
You agree to pay all costs of collection, including, without limitation, attorney’s fees and costs, on any outstanding balance. We reserve the right to cancel your order and terminate your access to the Program for failure to pay required fees. Your use of the Program after termination may extend the term of this Agreement and may cause you to incur additional fees. You agree not to dispute or attempt to reverse any charges with your bank or credit card company. We are not responsible for any overdraft charges, over-limit fees, NSF fees, or any other costs or fees imposed by your bank or credit card company.
4. Refund Policy. Refund eligibility depends on the type of Program purchased.
(a) Digital products and digital courses. Digital downloads, digital products, and self-paced digital courses are non-refundable. Because access is delivered immediately upon purchase, all sales of these items are final and you are not entitled to a refund once purchased.
(b) Live programs and live sessions. Live programs and live sessions are refundable only if you request a refund in writing before the live engagement begins. The live engagement begins at the scheduled start time of the first live session. Once the live engagement has begun, no refund will be issued, and attending all or any part of a live session forfeits any right to a refund for that purchase.
(c) Transfer or credit in lieu of a refund. In place of a refund, Force Multiplier IQ may offer you the option to transfer your purchase to a different Program of equal value or to receive a credit toward a future Program. For live programs and live sessions, any request to transfer or to apply a credit must be made in writing before the first live session begins. For digital products and digital courses, although such purchases are non-refundable, Force Multiplier IQ may, as a courtesy and in its sole discretion, offer a transfer or credit toward another Program.
(d) District and coaching engagements. Live programs or live sessions contracted by a school, district, or other institution, and one-to-one or group coaching engagements, are governed by the refund and cancellation terms of the separate written agreement covering that engagement, and not by this Section 4.
5. Results Disclaimer. FMIQ cannot and does not represent, warrant, guarantee, or promise any results physically, mentally, emotionally, or otherwise arising from your use of and participation in the Program. Your level of success in attaining results is dependent upon a number of factors including, without limitation, your skill, knowledge, ability, dedication, and the time you devote to the Program. Because these factors differ among clients, FMIQ cannot and does not guarantee your success or results physically, mentally, emotionally, or otherwise.
6. User Content. We may provide the opportunity for you to provide content or materials (“User Content”) through your use of the Program including, without limitation, commenting in the membership portal and communicating with us directly or through other forums. You expressly acknowledge and agree that once you submit User Content it will be accessible by others, and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make available. YOU ARE ENTIRELY RESPONSIBLE FOR ALL USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE PROGRAM, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH YOUR USER CONTENT.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that is illegal (including, without limitation, another party’s trade secrets); or (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights, rights of privacy, or publicity rights. You agree that FMIQ is only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that FMIQ shall not be liable for any damages you allege to incur as a result of User Content.
You agree to respectfully interact in any communications with other clients in the Program. FMIQ does not allow or accept any form of advertising or promoting of other services or coaching within our private membership portal or other applicable program forums.
By posting any User Content on the Program, you expressly grant to FMIQ, and represent and warrant that you have all rights necessary to grant to FMIQ, an irrevocable, perpetual, nonexclusive, royalty-free, sublicensable, transferable, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, syndicate, publicly display, and make derivative works of all such User Content and your name, voice, image, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Program and FMIQ’s business, including, without limitation, for promoting the Program and FMIQ’s services in multiple media formats and through any media channels. You also hereby grant each user of the Program a non-exclusive, royalty-free license to access your User Content through the Program.
7. Audio and Video Release. Client agrees to allow the use of Client’s voice, photo, and likeness captured in any programs relating to the Program via photograph, audio, and/or video, using any technology known or unknown, to be used and distributed to all clients as part of FMIQ’s normal course of business, which includes but is not limited to recording live sessions hosted via Zoom and being viewed by clients as replays. Client understands their right to opt out of any recordings by not attending or participating in live calls or any other recording hosted by FMIQ. Client hereby waives any and all rights Client has or may have to inspect and/or approve any photographs, audio, or video of Client. Client agrees that all photographs and recordings subject to this Section 7 are the exclusive rights of FMIQ, its affiliates, successors, and assigns. FMIQ owns all rights to any audio, video, and/or photographs relating to the Program captured during the performance of this Agreement.
8. Modification. FMIQ may modify this Agreement from time to time and such modification shall be effective upon posting on the FMIQ website. After modifications are made, a new copy of the revised Agreement will be sent to you and will be binding upon you unless you affirmatively elect to terminate the Agreement.
9. Law; Jurisdiction. This Agreement shall be interpreted and governed according to the law of the State of Florida and the laws of the United States of America without regard to or application of its conflict of law rules or principles.
Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement (each a "Dispute"), you and Force Multiplier IQ agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Informal negotiations commence upon written notice from one party to the other. Binding Arbitration. If the parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes. The arbitration shall take place in Duval County, Florida, and may be conducted in person, by phone, online, or through the submission of documents. The arbitrator's award shall be in writing and may be entered as a judgment in any court of competent jurisdiction. Restrictions. Arbitration shall be limited to the Dispute between you and Force Multiplier IQ individually. To the full extent permitted by law, no arbitration shall be joined with any other proceeding; there is no right or authority for any Dispute to be arbitrated on a class-action basis or to use class-action procedures; and there is no right or authority for any Dispute to be brought in a representative capacity on behalf of the general public or any other persons. Exceptions. The following are not subject to informal negotiations or binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, a party's intellectual property rights; (b) any Dispute arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. Any such Dispute, and any Dispute for which arbitration is found unenforceable, shall be brought exclusively in the state or federal courts located in Duval County, Florida, and each party consents to the jurisdiction and venue of those courts and waives any objection based on lack of personal jurisdiction or forum non conveniens.
YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM OR THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
ON ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
10. Force Majeure. If either party is prevented from performing any of its obligations under this Agreement due to any cause beyond the party’s reasonable control, including, without limitation, an act of God, fire, flood, explosion, war, strike, embargo, government regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”), the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that you will not be excused from the payment of any sums of money owed by you to FMIQ; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.
11. Disclaimers; Limitations of Liability. Client, being of lawful age, in consideration of being permitted to participate in the programs and services offered and provided by Force Multiplier IQ, LLC, a Florida limited liability company, through the Program, hereby agrees to the following: (a) Client acknowledges that the opinions, suggestions, advice, ideas, strategies, and other information provided in the Program are intended for educational and informational purposes only and should not be considered legal, financial, business, or professional advice. Client understands that any decisions or actions taken based on the Program content are made at Client’s own discretion and risk; (b) Client knowingly and voluntarily agrees to assume full responsibility for any risks, injuries, or damages, known or unknown, which Client might incur as a result of Client’s use of the Program and acknowledges and reaffirms Client’s informed consent to do so; and (c) in further consideration of being permitted to use the Program, Client, on behalf of himself or herself and Client’s heirs, successors, and assigns, knowingly, voluntarily, and expressly waives, releases, and forever discharges Force Multiplier IQ, its employees, officers, directors, members, managers, principals, agents, and other persons acting on Force Multiplier IQ’s behalf from any and all manner of action, causes of action, suits, claims, damages, costs, and expenses whatsoever, whether based on tort, contract, statutory, or other theory of recovery, which Client now has or hereafter can, shall, or may have that relate to or in any way arise from Client’s use of the Program. Client agrees that this Section 11 is intended to be as broad and inclusive as permitted by the laws of the State of Florida. If any provision of this Waiver is held or determined to be illegal, invalid, or unenforceable under any present or future legal requirement: (w) such provision will be fully severable; (x) this Section 11 will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement; (y) the remaining provisions of this Section 11 will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision; and Force Multiplier IQ reserves the right to add as a part of this Section 11 a legal, valid, and enforceable provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible.
12. Intellectual Property. The Program contains materials such as videos, audios, PDFs, coursework, plans, modules, photographs, live trainings, graphics, images, and other materials provided by FMIQ (collectively, the “Content”). This Content is copyrighted and may not be reproduced in any form, or by any means, without the express written permission of FMIQ, which may be withheld in FMIQ’s sole discretion. You may not reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post, or use the Content for public or commercial purposes without the express written permission of FMIQ, which may be withheld in FMIQ’s sole discretion. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed within the Content are registered and unregistered Trademarks of FMIQ and other third parties that have authorized the use of such third-party Trademarks. Nothing contained in the Content or on the FMIQ website(s) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the materials. Any use of any other Content on the website, except as provided in this Agreement, is strictly prohibited.
13. Digital Millennium Copyright Act. If you believe that any of the Program contains content that infringes on your copyright, please forward the following information by email to [email protected] or in writing to: Anna Carello, Attn: Registered Agent for Force Multiplier IQ, LLC, 1333 Heritage Manor Drive, Jacksonville, FL 32207. Such writing should include: (a) your address, telephone number, and email address; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the alleged infringing material is located; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
14. Indemnity. You agree to indemnify and hold harmless FMIQ, its subsidiaries and affiliates, and their respective members, equity owners, managers, officers, directors, agents, attorneys, employees, successors, and assigns (each a “FMIQ Indemnified Party”; collectively, the “FMIQ Indemnified Parties”), from and against any and all Damages asserted against, resulting from or to, imposed upon, or incurred or suffered by any FMIQ Indemnified Party as a result of or arising from your violation of this Agreement, your use of the Program, any breach of your representations and warranties set forth above, and/or your User Content. For the purposes hereof, the term “Damages” shall mean all liabilities, losses, injuries, penalties, fines, forfeitures, assessments, claims, suits, proceedings, investigations, actions, demands, causes of action, judgments, awards, taxes, charges, costs, expenses, and damages of any nature, including, without limitation, interest, penalties, reasonable attorneys’, accountants’, and other professionals’ fees and expenses, court costs, and all amounts paid in investigation, defense, or settlement of any of the foregoing.
15. Course Access. Unless a specific access period is stated at the time of purchase, your access to a digital product or digital course purchased through the Program is granted for the lifetime of that Program, meaning for as long as Force Multiplier IQ continues to offer and maintain that Program and the platform on which it is hosted. Lifetime access refers to the lifetime of the Program and of Force Multiplier IQ, and not to your own lifetime, and it does not create a perpetual obligation on Force Multiplier IQ to host or maintain any Program indefinitely. Where Force Multiplier IQ makes recordings or replays of a live program available to you, access to those recordings is governed by this Section.
Force Multiplier IQ may update, revise, relocate, or migrate Program content and the hosting platform from time to time. Force Multiplier IQ reserves the right to discontinue or retire a Program, and in the event a Program is discontinued, Force Multiplier IQ will use reasonable efforts to provide you with advance notice and, where practicable, an opportunity to download or otherwise retain the core Program materials before access ends. Access granted under this Section is personal to you, is non-transferable, and remains subject to the license and restrictions set forth in this Agreement, including without limitation Sections 1 and 12. Suspension of access for non-payment or breach, as described elsewhere in this Agreement, does not extend your access period.
16. Miscellaneous.
(a) This Agreement represents the entire Agreement between you and FMIQ related to the Program and prevails over any prior or contemporaneous, conflicting, or additional communications, whether written or oral, with respect to the subject matter. You may receive a copy of this Agreement or ask any questions by emailing [email protected].
(b) This Agreement shall be binding upon and shall inure to the benefit of the respective parties hereto, their respective successors-in-interest, licensees, sublicensees, legal representatives, heirs, and assigns, and does not confer or otherwise grant any rights or remedies on or to any other entity or person.
(c) No failure of either party to exercise or enforce any provision or any of its rights under this Agreement shall act as a waiver of that provision, of any provision in this Agreement, or of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches.
(d) If any provision of this Agreement is held or determined to be illegal, invalid, or unenforceable under any present or future legal requirement, and if there shall be no material adverse effect with respect to the rights or obligations of any party under this Agreement in connection therewith: (a) such provision will be fully severable; (b) this Agreement will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement; (c) the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement; and (d) in lieu of such illegal, invalid, or unenforceable provision, there will be added automatically as a part of this Agreement a legal, valid, and enforceable provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible.
(e) Your failure to use the Services after purchase does not void any part of this Agreement.
(f) You may not, without the prior written consent of FMIQ, assign this Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so shall be a material default of this Agreement and shall be void. FMIQ’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by FMIQ.
(g) Nothing contained in this Agreement shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other; (ii) deem the parties to be acting as partners, joint venturers, co-owners, or otherwise as participants in a joint undertaking; or (iii) allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever.
(h) Except as provided herein, the rights and remedies of FMIQ set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity.
(i) FMIQ is entitled to reimbursement of all fees and costs, including, without limitation, reasonable attorney’s fees, incurred in enforcing this Agreement.
(j) All past due amounts shall accrue interest at a rate of eighteen percent (18%) per annum.
(k) This Agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting this Agreement in construing or interpreting the provisions hereof.
In witness whereof, the parties hereto have executed this Force Multiplier IQ Program Agreement effective as of the purchase date set forth.