Fidelity Equity Partners
Program Terms of Service
The following Policy (this “Policy” or “Agreement”) governs the Terms of Service and your participation and enrollment in the Founders ProSuite™ Program presented by Fidelity Equity Partners™ (the “Company,”, “FEP”, “we,” or “us”). Please read this Policy carefully.
By visiting the Site and/or Portal and using the Program and/or Membership (the “Site” or “Program”) you agree that your use of the Site and/or Portal, participation in our Program, and use of Program materials as well as advice and/or guidance utilized by our team is governed by the following terms and conditions.
We are committed to providing all participants in the Founders ProSuite™ Program (“Participants” or “Program Participants”) with an overall positive experience. Although we are unable to make any promises and/or guarantees of any kind, we recognize that your project may have a higher degree of potential success of any kind with your consistent interaction/involvement in the following program areas:
• (1) 45 Minute PRIVATE Coaching Call per week (approximately four (4) per month)
covering: Sales, Marketing, Business Development, Investor Attraction, Pitch Development and Capital Procurement
(Recorded, stored and accessible in your private & secure member portal)
• (3) 45 Minute GROUP Coaching Calls per week (approximately twelve (12) per month) structured as follows:
-Mondays: “Hot-Seat” Pitching, Handling Investor Objections and Q&A Coaching Calls
-Wednesdays: Investor Outreach Automation & Tech Stack Coaching Calls
-Fridays: Financial Modeling, Investment Offers, Instruments & Concepts Coaching Calls
(Recorded, stored and accessible in your private & secure member portal)
Monthly Member Program Deliverables:
(1) Weekly PRIVATE Coaching Call -scheduled by YOU (Link provided for scheduling):
-Monday (Weekly) GROUP Coaching Call -scheduled via internal email invite:
Every Monday 1pm Eastern / 10am Pacific
-LIVE “Hot-Seat” Pitching
-Handling Investor Objections
-High-Dollar Closing Techniques
-Q&A / AMA (Ask Me Anything)
-Wednesday (Weekly) GROUP Coaching Call -scheduled via internal email invite:
Every Monday 1pm Eastern / 10am Pacific
-Investor Outreach Automation Development
-Tech Stack Coordination & Integration
-Email & Messaging Verbiage
-Investor Ecosystem Development
-Friday (Weekly) GROUP Coaching Call -scheduled via internal email invite:
Every Monday 1pm Eastern / 10am Pacific
-Financial Model Development
-Cap Table Structuring
-Investment Offer Concepts
-Monthly FEP START Conference™ Enrollment* -scheduled via internal email invite:
Approximately Every 30-60 Days
*Account must be paid in full with no monthly payments outstanding
· Program education and information is intended for what we believe, in our opinion, to be the best advice for your company’s circumstances.
• All advice, guidance, solutions, materials, procedures, policies, and standards, all teaching manuals and/or teaching aids, all supplements and the like that have been or will be made available by the Company or its designated facilitators, or any other source, oral, written or digitized, are for your company’s use in or in conjunction with this equipping program only.
• Program content is proprietary and for your company’s use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of the Company, or its designated agent.
• The information contained in the Program material is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions, and you assume all risks, including, but not limited to, all losses, costs or damages of any kind whatsoever associated with your use of such materials.
• We assume no responsibility for errors or omissions that may appear in any Program materials.
• You agree not to share your username and/or passwords, content and the like with any third party.
• You agree and understand that this Program Membership is on a month-to-month basis, and you also agree and understand that Program Membership Dues shall be automatically withdrawn and/or collected from your account through our electronic payment platform approximately every thirty (30) days. You also agree and understand that this Agreement shall automatically renew approximately every thirty (30) days when said payment is successfully collected for the Program Membership Dues. If we are unsuccessful at collecting your Program Membership Dues, your Site and/or Portal access will be denied. Renewed access to the Site and/or Portal can be achieved with successful payment collection of Participant’s Program Membership Dues.
• Any violation of the Company’s polices regarding content usage shall result in the immediate termination of your enrollment and participation in any Program without refund.
Privacy & Confidentiality:
We respect your privacy and must insist that you respect the privacy of fellow Program Participants. The term “Confidential Information” as used herein means, with respect to you, the Company, or any other Participant (collectively, a “Party”), (a) the business activities, dealings or interests of such Party and/or its officers, directors, affiliates, employees or contractors; (b) any confidential information, knowledge and know-how, concerning the operations, products, services, procedures, or clients, patients or customers of Company, in any format whatsoever, including, without limitation, the techniques, formulations, organization, design, implementation, preparation and other operations, methods, and accumulated experiences incidental thereto, and further including, without limitation, information relating to marketing techniques, advertising, policies, procedures, promotions, customer lists, membership lists, mailing lists, registration cards, sales records, concepts, ideas, trade secrets, other proprietary information, training materials, teaching aids, webinars, membership materials (including but not limited to: reports, notes, files, records and any personally identifying information), and/or research of such Party.
Further, any and all Confidential Information which by its nature is confidential or which a Party, in its sole and absolute discretion, designates as such shall be deemed Confidential Information for purposes of this Agreement.
This Agreement shall also govern all communications between the parties. Any recipient of such Confidential Information of another Party (the “Recipient”) understands that its obligations under this paragraph (“Nondisclosure and Nonuse Obligations”) shall survive the termination of any other relationship between the parties. Termination: Upon termination of any relationship between the parties, Recipient will promptly deliver to the disclosing Party, without retaining any copies, all documents and other materials furnished to Recipient by such disclosing Party.
We respect your Confidential Information and must insist that you respect the same rights of fellow Program Participants and of the Company, including the Confidential Information of such Participants and the Company.
Thus, you agree:
• not to infringe the Company’s copyright, patent, trademark, trade secret or other intellectual property rights;
• not to infringe any of the intellectual property rights of any other Program Participants;
• that any Confidential Information of or relating to a Program Participant that is shared by that Program Participant is confidential and proprietary, and belongs solely and exclusively to the Participant who discloses it;
• that any Confidential Information of the Company that is shared by the Company or any authorized representative of the Company is confidential and proprietary, and belongs solely and exclusively to the Company;
• not to disclose such Confidential Information that belongs to the Company or other Participants to any other person or use it in any manner other than in discussion with other Program Participants during Program sessions;
• that all materials and information provided to you by the Company are its confidential and proprietary intellectual property belonging solely and exclusively to the Company, and may only be used by your company as authorized by the Company;
• the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited; and,
• that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Company and/or the other Program Participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
While you are free to discuss your personal results from our Programs and training, you must keep the experiences and statements, oral, written, or digitized of all other Participants in the strictest of confidence. In addition, you agree to maintain in confidence and will not disclose, disseminate or use any Confidential Information belonging to the Company, whether or not in written form. You agree that you shall treat all Confidential Information of the Company with at least the same degree of care as you accord your own confidential information. You further represent that you will exercise at least the same reasonable care to protect your own Confidential Information. If the Recipient is not an individual, Recipient agrees that Recipient shall disclose Confidential Information only to those of its employees who need to know such information and certifies that such employees have previously signed a copy of this Agreement. You further understand and agree that any disclosure or misappropriation of the Confidential Information at any time in violation of this Agreement will cause Company (or other Party, as applicable) irreparable harm. Thus, you understand and agree that since monetary damages will not be sufficient to avoid all harm and/or compensate for the unauthorized use or disclosure of the Confidential Information, injunctive or other equitable relief would be appropriate to prevent any improper actual or threatened use or disclosure of the Confidential Information or breach of this Agreement. Accordingly, you hereby consent to the entry of an injunction, without the need to post a bond, prohibiting any conduct by you in violation of this Agreement.
Interactive Features: It is a condition of your use of the Site and/or Portal and participation in the Program that you do not:
• Restrict or inhibit any other user from using and enjoying the Site and/or Portal or Company program.
• Use the Site and/or Portal to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to provide the Site and/or Portal, Portal or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site and/or Portal.
• Use the Site and/or Portal to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
• Gain unauthorized access to the Site and/or Portal, or any account, computer system, or network connected to the Site and/or Portal, by means such as hacking, password mining or other illicit means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through Company Site and/or Portal.
• Use the Site and/or Portal to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Use the Site and/or Portal to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
• Use the Site and/or Portal to post or transmit any information, software or other material that contains a virus or other harmful component.
• Use the Site and/or Portal to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
• Use the Site and/or Portal to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site and/or Portal.
• Use the Site and/or Portal for any purpose that violates any of the terms set forth herein or otherwise is inconsistent with any of the terms set forth herein.
Social Media: The Company may host Facebook groups, message boards, chats and other public forums. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. The Company or its designated agents may remove or alter any user-created content at any time for any reason. Groups, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Company staff, the Company’s outside contributors, or by users not connected with the Company, some of whom may employ anonymous usernames.
The Company expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we or any of our members, managers, officers, affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the Participants, and do not reflect the opinions of the Company or any of its subsidiaries or affiliates. The Company has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
Limitation of Liability:
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OR ANY OF OUR MEMBERS, MANAGERS, OFFICERS, SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES (COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR PORTAL, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE AND/OR PORTAL OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF THE OTHER COMPANY PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE AND/OR PORTAL, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE AND/OR PORTAL, OR WITH ANY OF THE SITE’S AND/OR PORTAL’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR PORTAL AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE AND/OR PORTAL IS CONTINUALLY UNDER DEVELOPMENT AND THE COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
YOU HEREBY AGREE TO RELEASE AND HOLD HARMLESS THE COMPANY, AND OUR MEMBERS, MANAGERS, OFFICERS, SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES FROM ANY AND ALL MANNER OF CLAIMS, RIGHTS, DEMANDS, CAUSES OF ACTION OR SUITS ARISING OUT OF THE USE OF OR THE INABILITY TO USE, THE SITE AND/OR PORTAL OR PROGRAM CONTENT, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRDPARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE AND/OR PORTAL OR BY US IN ANY WAY, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR NEGLIGENCE, BREACH OF CONTRACT, EMOTIONAL DISTRESS OR ECONOMIC LOSS, OR OTHER COMMON LAW OR STATUTORY THEORIES OF RECOVERY, NOW OR IN THE FUTURE.
All sales, retainer fees, member dues and/or compensation of any kind are final. No refunds/partial refunds of any kind will be afforded, and you waive any rights to charge-back your purchase with your credit card processor or bank.
Photo Consent and Release:
Without expectation of compensation or other remuneration, now or in the future, I hereby give my consent to Fidelity Equity Partners its affiliates and agents, to use my image and likeness and/or any interview statements from me in its publications, advertising or other media activities (including the Internet). This consent includes, but is not limited to:
• Permission to interview, photograph, film, or otherwise make a video reproduction of me and/or record my voice;
• Permission to use my name; and
• Permission to use quotes from the interview(s) (or excerpts of such quotes), the film, photograph(s), tape(s) or reproduction(s) of me, and/or recording of my voice, in part or in whole, in its publications, in newspapers, magazines and other print media, on television, radio and electronic media (including the Internet), in theatrical media and/or in mailings for educational and awareness purposes. This consent is given in perpetuity and does not require prior approval by me.
Some of the links provided in the program are affiliate links, which means that if you choose to make a purchase (i.e., sign up with a technology app or outsource), we, Fidelity Equity Partners, could earn a commission. This commission comes at no additional cost to you and is often a lower rate that has been negotiated for you through our program. Please understand that we have experience with all of these companies, and we recommend them because they are helpful and useful, not because of the small commissions we make if you decide to buy something. Please do not spend any money on these products unless you feel you need them or that they will help you to achieve your goals.
You shall indemnify, defend and hold harmless the Company and our members, managers, officers, subsidiaries, parent companies or affiliates from any and all claims, demands, actions, causes of action and/or lawsuits (each, a “Claim” and collectively, “Claims”) and all resulting costs, liabilities, losses, expenses, and damages, actual and consequential, direct and indirect, of every kind and nature, including without limitation reasonable attorney’s fees and disbursements arising out of or related to: (a) a breach of any of your obligations under this Agreement; (b) your negligence or misconduct; (c) your violation of any law or regulation; or (d) any third-party claims arising from or related to use of our Program material and content: You shall provide us with written notice of any Claim or potential Claim of which you become aware. Upon the assertion or commencement of any Claim against the Company by any third party that may give rise to liability of the Company hereunder, you shall assume the control of the defense of such Claim at your sole expense with counsel reasonably acceptable to the Company; provided, however, that the Company may take part in and/or fully assume such defense, in its sole discretion and at its own expense, after you assume the control thereof. You shall not enter into any settlement of any Claim which the Company believes is adverse to its interests, without receiving the prior written consent of the Company. In no event shall the Company be obligated to participate in any settlement which it believes would have an adverse effect on its business interests.
Except as required by law, each party covenants and agrees that during the period of this agreement and for a two-year period following the termination of this agreement or until such time as the other party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, employees, directors, attorneys, or representatives has in any material respect breached this Agreement or violated any of their duties as a director of their organization and/or company, neither it nor any of its agents, subsidiaries, affiliates, successors, assigns, officers, employees, directors, attorneys, or representatives will in any way publicly disparage, call into disrepute, defame, slander or otherwise criticize the other party’s subsidiaries, affiliates, successors, assigns, officers, directors, employees, shareholders, agents, attorneys or representatives. If either party breaches the commitments contained in this non-disparagement agreement, that party will be liable for damages. Both parties agree that actual damages would be difficult to ascertain. However, based on what we presently know $100,000.00 is the minimum amount the parties could suffer from disparaging remarks. Furthermore, the parties agree that these damages are fair and reasonable and would not act as a penalty to the breaching party.
All disputes arising under or concerning this Agreement are to be submitted to binding arbitration, in the State of Colorado. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.