Online Career Accelerator DECLARATION AND COMMITMENT
The life that you have is a result of your actions.
The actions that you take are a result of you.
So to change your life, you must change your actions.
And to change your actions, you must change you.
Big change is not easy, so to make big change you must commit to it. A commitment to change starts with declaring it and saying it. These 5 commitments you're about to make are values that align with achieving success with the OCA program.
These 5 commitments you're about to make are values that align with achieving success with the OCA programs.
These 5 declarations are my North Star and as an OCA Member, I am committed and promise to uphold the the 5 declarations that follow:
1. Commitment to Persistence & Consistency
Everything great is achieved by taking many small steps in the right direction. I understand that my journey will not be easy, because I understand that nothing in life worth having is easy. I understand that my journey will not be quick, because nothing in life worth having comes quick. My journey starts today and I am ready to commit to it for the long haul. I will continue in spite of problems and difficulty and I will embrace challenges because I know hardship only makes me stronger.
I will work hard when no one else is looking because I know that is how I will
achieve my goals. No matter how big or how small, I commit to taking consistent steps in the right direction every day. I will be stubborn and accept nothing less than achieving my goals. There is no other option for me. I understand the only way to fail is by quitting, and I will not quit.
I am committed to being persistent and consistent.
2. Commitment to Responsibility
I understand that I am in full control of my life. I create my own future and will never blame anyone or anything else, no matter how much it hurts to put the blame on myself. I take full ownership for my successes as they are a result of me, as well as my failures. My fate is in my own hands' and no one else's.
I understand that the reality of my life is created by my actions. My success is inevitable if I allow it to be. I am the only person who can get in the way.
Iunderstand that when I blame other things, I lose control of my life. But when
I blame myself, I am in full control. I am committed to taking full responsibility for everything in my life.
3. Commitment to Family
I understand that I am not on this journey alone, but I am with hundreds of others who are on the exact same journey as me.
I will look out for others by providing the help and support that they need, and they will do the same for me. I understand that
I cannot achieve big goals by myself, so I will not try to do things all by myself.
I have all the tools, resources, and guidance I could ever need at my fingertips and I promise to use them to achieve my goals.
I am committed to helping and supporting others when they need it and asking for help and support when I need it.
4. Commitment to Thought
I understand that I am a highly intelligent, capable and resourceful human being and I will use that to achieve my goals. When problems arise, I will not get frozen by inaction.
I will think critically and find a way to solve my problems, even if it means asking others for help. If I don't know how or what to do, I will figure it out because I am an extremely intelligent person with a brain that is capable of figuring it out.
I think for myself and don't take part in groupthink or sheep mentality.
I will put a big focus on understanding the immense power of my mind. I am committed to being a highly critical and free thinker.
5. Commitment to Thought
The journey I am about to begin is so much bigger than making money. It is a journey of creating freedom, control, and abundance in my life.
Even when there seems to be no light at the end of the tunnel, I will continue to push forward because my purpose is too big to give up on.
I know that good things take time, so I am COMMITTED to taking every step along the way and enjoying the entire journey.
I understand that true failure only occurs when I quit. What regular people see as failures, I see as learning lessons that I could not live without.
I am not a quitter. I will pay my dues for success because it is impossible to achieve anything without first putting forth the effort, intensity, time and From here on out I take full ownership over my success and failures in life because, without this ownership, I would be allowing others to create my
As an OCA Member, I am going ALL IN. Regardless of how I may feel at times, I am 100% committed to Online Career Accelerator and more importantly, to myself.
I am ready to make a big change in my life. I am ready to take massive action and do whatever it takes to be successful. I am ready to be an OCA Member.
Are you ready to become an Online Career Accelerator Member? Sign below
CONSULTING SERVICES AGREEMENT
This Consulting Agreement (this "Agreement") is by and between Luxian Digital, LLC, a Delaware Limited Liability Client, located at 539 W. Commerce St #3423, Dallas TX 75208 ("Consultant") and, _________________________________,an individual,
Luxian Digital, LLC has developed and owns all intellectual property rights to its proprietary system, methods, techniques, and materials related to its job training, job searching and career development and offers related consulting services, as well as developing marketing and sales techniques and job search strategies, all provided as digital products or services ("Services"
Client is actively engaged in a job search in the marketing industry and desires to use the Services to assist Client in their job search and career development.
The parties agree that Luxian will provide its Services as set forth in this Agreement. Therefore, in consideration for mutual promises made in this Agreement, the adequacy of which the parties acknowledge, the parties agree:
SERVICES. Luxian agrees to provide its Services to coach Client and advise on resume and cover letter drafting assistance to assist Client in their job search and securing a potential job ("Services" Consultant shall commence providing Services on the day following receipt of the first payment identified in section 2.1 of this Agreement.
1.1. Client agrees and promises to pay Consultant a total agreed price for the coaching program and services provided under this Agreement as follows: Option 1 Full Payment of $997.00 in advance; OR
Option 2 TWO Monthly Payments of $597.00, totaling $1194.00. Client agrees that it is individually financially responsible and promises to pay for all purchases made by Client or anyone acting on Client's behalf through our websites or Services. Unless Consultant has authorized Option 2 payment plan, Client shall make payment in full due upon execution of this Agreement. Consultant, in its sole discretion, agrees to offer Client Option 2 monthly payment plan, then Client agrees and promises to pay the initial payment of $597.00 with execution of this Agreement, and promises to pay the second payment of $597 on or before the thirtieth (30) day after the Effective Date of this agreement. Client shall make initial payment via ACH transfer, credit card, or other method acceptable to Consultant. All subsequent payments under Option 2 payment plan must be set up for automatic payment by ACH to Consultant. You further authorize us, and our payment processors, to charge the debit or credit card or make ACH or EFT transfers from your bank account provided for any purchases, subscriptions, memberships or other charges ordered through our
1.2. Each payment due under this Agreement must be received by Consultant on the date specified in section 2.1. If payment is not timely received by Consultant, Client shall have materially breached this Agreement and agrees it shall forfeit all rights to any remaining or unused under the Agreement and Consultant shall have no further obligation to Client. 1.3 Due to the unique nature of the Services and the fact that Client will receive all proprietary materials and information offered under this Agreement upon initial payment and download, Client specifically acknowledges and agrees that it shall not be eligible for any refund except as provided in our Limited Refund Policy and agrees that it shall not request a chargeback from or otherwise, seek, advise, or file a claim with Client's bank or credit card company for any amounts paid under this Agreement, except as provided in our Limited Refund Policy. Client further agrees to waive any rights Client may have under applicable state and federal truth in lending laws or otherwise (including, but not limited to, under Client's credit card issuer's procedures for resolving such disputes Client agrees that any disputes regarding any consideration paid under this Agreement must first be addressed directly with Luxian. If Client does not follow the Limited Refund Policy and a fraudulent chargeback occurs, Client shall be considered to have materially breached the Agreement and shall forfeit all remaining Services under this Agreement and Luxian shall have no further obligation to Client. Client shall continue to owe and promises to pay the amount of any chargeback separate, and such amount shall be subject to a finance charge in the amount of one and one-half percent (1.5%) per month (or the highest permissible interest rate under applicable law) until paid in full by Client. Further, Client agrees to pay Luxian agreed Liquidated Damages of $1,000 for the downloaded Products and Services in the event of a chargeback. Luxian also shall be entitled to recover from Client all damages, and reasonable and necessary attorney's fees, and costs associated with pursuing collection and recovery of the amount of the any chargeback, including if applicable claims for theft
1.4 Amounts due under this Agreement are payable to Consultant without deduction and are net of any tax, tariff, duty, or assessment imposed by any government authority (national, state, provincial, or local), including without limitation any sales, use, excise, ad valorem, property, withholding, or value added tax withheld at the source. If applicable law requires withholding or deduction of such taxes or duties, Client agrees and promises to separately pay Consultant the withheld or deducted
CONFIDENTIAL INFORMATION, NON-COMPETE AND NON-SOLICITATION.
2.1. For purposes of this Agreement, "Confidential Information" means information possessed by Consultant relating to its business and Services, and its business activities not generally known which is used or is useful in the conduct of Consultant's business, or which confers or tends to confer a competitive advantage over one who does not possess the information. Confidential Information includes proprietary information, copyrights, trade secrets, know-how, information about existing, new or envisioned products, services and processes and their development and performance, any techniques, methodologies, pricing , technical information, computer software, business and financial information, unpublished lists of names, information, documents, videos provided or shared by Consultant to Client, and information relating to career coaching, career training, online coaching or training, marketing, client acquisition process, sales, and pricing. Confidential Information also includes information received by Consultant from others which Consultant has an obligation to treat as confidential and information received by Client from other clients of Consultant. All information which becomes known to Client during the term of the services rendered under the Agreement which Client would reasonably believe is Confidential Information or which Consultant takes measures to protect, shall be regarded as Confidential Information.
2.2. Consultant will provide Client with access to Confidential Information that is used in the operation of Consultant's business as reasonably necessary to allow Consultant to comply with the terms of this Agreement. Client acknowledges that Consultant will provide Client with access to Consultant's Confidential Information only for the term during which the Services are rendered under the Agreement.
2.3. Nondisclosure. During the term of this Agreement, and at all times thereafter, Client shall maintain
the strictest confidence of Consultant's trade secrets and Confidential Information. Client shall never
disclose, copy, share, disseminate, transfer, convey, sell, or discuss, directly or indirectly, to any person or entity other than the Parties to this Agreement, Consultant's copyright information, trade secrets or other Confidential Information, except by express prior written consent of a duly authorized officer or director of Consultant. Client will not make copies, videotape, record, photograph, or transfer in any way, in whole or in part, any Confidential Information or marked original copies of Confidential Information, copyright information, or trade secrets of Consultant. Further, Client shall use Client's best efforts and shall take all reasonable precautions to prevent the disclosure of Consultant's copyright information, trade secrets or other Confidential Information. A breach of this provision includes but is not limited to each disclosure, sharing, dissemination, transfer, conveyance, selling, or discussion of any singular piece of Confidential, trade secret, copyright, and/or proprietary information. 2.4. Retention of Rights. This Agreement does not transfer ownership of Confidential Information or grant a license thereto to Client. Consultant retains all right, title, and interest in and to all
Confidential Information and all Confidential Information is and shall remain the sole and exclusive
property and proprietary information of Consultant and is disclosed in confidence by Consultant in reliance on Client's agreement to maintain such Confidential Information in confidence and not to use or disclose such Confidential Information to any person except the Parties to this Agreement. Client has no ownership, property rights, or other rights of any kind in the Confidential Information, trade secrets, copy rights, proprietary information, or other property of Consultant. 2.5. Non-Compete. In consideration of Consultant providing Confidential Information to Client, Client will not, at any time during the term of this Agreement or at any time for two (2) years subsequent to any termination of this Agreement, whether directly or indirectly, in the continental United States, or within such other geographic areas as Consultant is engaged in business at the time of termination
of this Agreement, for Client's own account, individually or through another entity that Client owns or is involved in, or on behalf of any direct competitors of Consultant, engage in any business or transaction involving the Business, whether as an employee, employer, independent contractor, consultant, agent, principal, partner, stockholder, corporate officer, director or in any other individual or representative capacity, without the prior written consent of Consultant, which consent may be withheld by Consultant in Consultant's sole and absolute discretion.
2.6. Non-Solicitation. During the term of this Agreement and for a period of two (2) years after the date of termination of this Agreement, Client will not in any way, directly or indirectly (i) induce or attempt to induce any employee, independent contractor, agent, or consultant of Consultant to quit work with Consultant; (ii) otherwise interfere with or disrupt Consultant's relationship with its employees, independent contractors, agents, or consultants; (iii) solicit, entice or hire away any employee, independent contractor, agent or consultant of Consultant; or (iv) hire or engage any employee, independent contractor, agent, or consultant of Consultant or any former employee, independent contractor, agent, or consultant of Consultant whose work with Consultant ceased less than one year before the date of such hiring or engagement. Client acknowledges that any attempt on the part of Client to induce others to leave Consultant, or any effort by Client to interfere with Consultant's relationship with its employees, independent contractors, agents, or consultants would be harmful and damaging to Consultant.
2.7. Agreed Liquidated Damages. Client agrees that if Client breaches Section 3 of this Agreement, Consultant will be substantially damaged. Accordingly, in the event that Section 3 of this Agreement is breached by Client, Client agrees to pay liquidated damages to Consultant in the amount of Five Thousand Dollars ($5,000.00), for each such breach. Client acknowledges and agrees that such liquidated damages are reasonable. If it is necessary to enforce Section 3 of the Agreement, Client shall pay all reasonable and necessary attorney's fees, expenses and court costs incurred by Consultant. Client hereby agrees to waive any bond to be paid by Consultant in seeking injunctive relief against Client.
2.8. REPRESENTATIONS & WARRANTIES. Each party represents and warrants that it has the full right and authority to enter into, execute, and perform its obligations under this Agreement and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Agreement.
3.WARRANTY DISCLAIMERS. Except as set forth above in this section 4, CONSULTANT PROVIDES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CONSULTANT DOES
NOT REPRESENT OR WARRANT THAT WORK PRODUCT WILL NOT INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR THAT IT WILL OPERATE OR PERFORM WITHOUT INTERRUPTION OR ERROR. CONSULTANT DOES NOT UNDER ANY CIRCUMSTANCES WARRANT OR GUARANTY CLIENT
ANY SPECIFIED RESULTS, BEING HIRED FOR ANY POSITION, EARNING ANY INCOME OR ANY PARTICULAR
OUTCOME OR RESULT OF ANY KIND.
4.LICENSE TO USE LIKENESS AND INFORMATION. LICENSE TO USE LIKENESS AND INFORMATION. Client agrees, consents and irrevocably grantsConsultant a perpetual license to use and all property rights of any and all of Client’s likeness, images,voice and testimonials, whether electronic or in writing, including but not limited to videos,photographs, voice recordings, telephone recordings, text messages, social media messages and7postings, provided or derived from any interaction with Consultant that relates to services provided byConsultant for use in the business of Consultant. Client waives any and all causes of action in contract,tort, or the common law for Consultant’s use of Client’s likeness, images, voice and testimonials,whether electronic or in writing, including but not limited to videos, photographs, voice recordings,telephone recordings, text messages, social media messages and postings that Client provides to,derived from an interaction with Consultant that relates to the services provided by Consultant.
5.INDEMNIFICATION. Client shall indemnify, defend, and hold harmless Consultant, its members,officers, agents, successors, and assigns against any “Indemnified Claim,” meaning any third party claim,suit, or proceeding arising out of or related to Consultant’s business, including without limitation claimsrelated to the success or usefulness of the Services and program, claims of personal injury or propertydamage, and claims of intellectual property infringement. Indemnified Claims include, withoutlimitation, claims by Client’s customers, contractors, and other users. Client’s obligations pursuant to thisArticle 5 include retention and payment of attorneys and payment of court costs, as well as settlement atClient’s expense and payment of judgments.
Client will control the defense of any Indemnified Claim,including appeals, negotiations, and any settlement or compromise thereof; provided Consultant willhave the right, not to be exercised unreasonably, to reject any settlement or compromise that requiresthat Consultant admit wrongdoing or liability or subjects Consultant to any ongoing affirmativeobligations.
6.LIMITATION OF LIABILITY. CONSULTANT’S CUMULATIVE LIABILITY ARISING OUT OF OR RELATEDTO THIS AGREEMENT WILL NOT EXCEED THE FEES PAID TO CONSULTANT BY CLIENT PURSUANT TOSECTION 2.1 OF THIS AGREEMENT. IN NO EVENT WILL CONSULTANT BE LIABLE FOR ANY OF THEFOLLOWING ARISING OUT OF OR RELATED TO THIS AGREEMENT: LOST PROFITS OR LOSS OF BUSINESS,CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, OR PUNITIVE DAMAGES. THELIABILITIES LIMITED BY THIS SECTION 7 APPLY: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OFTHE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c)EVEN IF CONSULTANT IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION ANDEVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF CLIENT’S REMEDIES FAIL OF THEIRESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this section 7,Consultant’s liability will be limited to the maximum extent permissible.
7.TERM & TERMINATION.
7.1. Term and Termination. The term of this Agreement will commence on the Effective Date. Either partymay terminate this Agreement with or without cause by providing seven (7) days written notice tothe other party, except as provided in section 2 of this Agreement.
7.2. Survival. The following provisions will survive termination or expiration of this Agreement: Sections2, 3, 4, 5, 6, 7; and any other provision of this Agreement that must survive to fulfill its essentialpurpose.
8.1. Independent Contractors. The parties are independent contractors and shall so representthemselves in all regards. This Agreement does not create an employment relationship of any kind,partnership, joint venture, or ownership interest between Client and Consultant, its members, officers,or agents. Client shall not be considered an employee of Consultant for any purpose whatsoever.
8.2. Notices. Notices pursuant to this Agreement shall be sent to the addresses first listed above or tosuch others as either party may provide in writing. Such notices will be deemed received at suchaddresses upon the earlier of (i) actual receipt or (ii) delivery in person, by fax with writtenconfirmation of receipt, or by certified mail return receipt requested.
8.3. Force Majeure. No delay, failure, or default, other than a failure to pay fees when due, will constitutea breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes,pandemics, epidemics, other acts of God or of nature, strikes or other labor disputes, riots or otheracts of civil disorder, embargoes, Government action, or other causes beyond the performing party’sreasonable control.
8.4. Severability & Waiver. To the extent permitted by applicable law, the parties hereby waive anyprovision of law that would render any clause of this Agreement invalid or otherwise unenforceablein any respect. In the event that a provision of this Agreement is held to be invalid or otherwiseunenforceable, such provision will be interpreted to fulfill its intended purpose to the maximumextent permitted by applicable law, and the remaining provisions of this Agreement will continue infull force and effect. Neither party will be deemed to have waived any of its rights under thisAgreement by lapse of time or by any statement or representation other than by an authorizedrepresentative in an explicit written waiver. No waiver of a breach of this Agreement will constitute awaiver of any other breach of this Agreement.
8.5. Choice of Law & Jurisdiction: This Agreement will be governed solely by the internal laws of the Stateof Delaware, including without limitation applicable federal law, without reference to any conflicts oflaw principle that would apply the substantive laws of another jurisdiction to the parties’ rights orduties. The parties consent to the personal and exclusive jurisdiction of the federal and state courtsof Dallas, Texas. This Section 9.5 governs all claims arising out of or related to this Agreement,including without limitation tort claims.
8.6. Construction. In the event of any conflict among the attachments to this Agreement and this mainbody, this main body of this Agreement shall govern. The parties agree that the terms of thisAgreement result from negotiations between them. This Agreement will not be construed in favor ofor against either party by reason of authorship. This Agreement sets forth the entire agreement ofthe parties and supersedes all prior or contemporaneous writings, negotiations, and discussions withrespect to its subject matter. Neither party has relied upon any such prior or contemporaneouscommunications. This Agreement may be executed in one or more counterparts and digitalsignatures shall be legally binding. Each counterpart will be an original, but all such counterparts willconstitute a single instrument. This Agreement may not be amended except through a writtenagreement executed by each party
IN WITNESS THEREOF, the parties have executed this Agreement as of the Effective Date.
Agreed Services and Program Period
Online Career Accelerator: Job training program with templates for resumes and cover letters as well as video training for interviews
Agreed 30 Day LIMITED Action Based Refund Policy
LIMITED 30 DAY REFUND POLICY. We want you to succeed and believe our Products and Services willhelp you, but only if you do the work to implement the techniques and methods taught.Youacknowledge and agree that your success depends primarily on the time and effort you devote to theprogram and techniques presented, your financial investment in various ads and suggested paid formarketing services to implement the program and techniques. Therefore, since you acknowledge yoursuccess is in your control, you knowingly agree to our limited 30 Day Refund Policy, that in order to beeligible for any refund, you MUST document that you have done ALL the following within 30 days ofpurchase as an agreed condition precedent and prerequisite to any refund:
1. You agree to view 100% of the videos in full during Week 1 – 3 (labeled week 1 3 inside the course) andtakes all the necessary actions as outlined in each video.
2. You agree to setup your own website to run advertising in order to practice the marketing steps of theprogram.
3. You agree that you must create at least 1 Facebook Ad traffic campaign that is correctly posted onyour website with all live events recorded and document real traffic to your website using pixel.
4. You agree to actively participate in the private Digital Agent Facebook group as documented by at leastone post, one comment on another members post, one question or one request advice from membersper week in the Digital Agent Facebook group.
5. You agree to attend at least two live Q&A Zoom Calls and ask the teachers questions during the callAs mentioned above, all refunds are discretionary. If you just downloaded the training material (pdfs,audios, videos, and/or etc), and then promptly asked for a refund, we reserve the right to deny your refund request.
Downloading of any course content or videos forfeits your right to a refund
The purpose of the limited refund policy is to help ensure that you, as a serious customer, follow the recommended steps to obtain the best possible results from the program.
You agree that you fully understand that our team is always willing to work with you and will alwayshonor any guarantee. However, if you file a fraudulent dispute or chargeback, you forfeit your refund andyour account will be reported to your bank as fraud, sent to collections and possibly pursued legally forintellectual property theft and fraud. You have zero risk of this issue as long as you just speak with ourstaff by emailing them at firstname.lastname@example.org. We will not tolerate fraud of any kind.
I,__________________________________________, hereby authorize Luxian Digital, LLC, aDelaware Limited Liability Company, located at 539 W. Commerce St #3423, Dallas TX 75208tochargemycreditcard above for the agreed upon purchase of its Services