Terms & Conditions

TERMS & CONDITIONS


The High Performance Leadership Program Membership

  • Character of Services. MP Business Services LLC (d/b/a Pro Athlete Advantage), in partnership with TrueWellness Nutrition LLC (the “Company”) will provide training through The High Performance Leadership Program / The Elite High Performance Leadership Membership (the "Program"), a series of online trainings videos, other resources (such as PDF's and handouts), group coaching calls, our interactive social community, etc., to aid in your personal and professional development. The Company is committed to providing you with advice that will contribute to your personal and professional development, however, the final decision about acting on this advice – and the responsibility for results achieved – is yours.
  • Membership. If the monthly payment option is selected, your initial Program membership payment of two hundred and ninety-seven dollars ($297) for the first month will be charged immediately and is non-refundable. Once this payment is processed, your membership within the Program starts. The membership payment of two hundred and ninety-seven dollars ($297) will be automatically processed each month (30 days) thereafter until membership cancellation. To cancel your membership, contact [email protected] and let us know of your intention to cancel.  Cancellation will take place thirty (30) days from the date you let us know you want to cancel (cancellation period).  Regularly scheduled payments will continue to process within that 30-day period.  If you select the annual payment options, your Program membership payment of two thousand nine hundred seventy dollars ($2,970) will be charged immediately and is non-refundable.   Once this payment is processed, your membership within the Program starts. The second annual membership payment will be automatically processed on the 12-month anniversary of your membership until membership cancellation. To cancel your annual membership, contact [email protected] at least 30 days ahead of your 12-month anniversary and let us know of your intention to cancel after the initial 12-month period.  By signing up for the Program, you give the Company permission and authorization to automatically charge your credit or debit card based on the agreed upon payment terms. In the event that payment is not received by the date due, you will have a ten (10) day grace period to make the payment, otherwise the Program will be discontinued. When you purchase any Program, the information provided and obtained as part of the transaction, such as your credit or debit card number and contact information, may be collected by both the third-party merchant and by us. A merchant may have privacy and data collection practices that may be different from the Company. We have no responsibility or liability for the merchant’s policies.
  • Email, Mobile Phone, Membership Site, and App Permissions. By purchasing the Program, you are providing consent to the Company to contact you via email, mobile phone, within the membership site (via comments or community) or the app to deliver the content of the Program. You also provide consent for the Company to send you login details to its respective backend system, so you can view all trainings, download the appropriate supporting files, interact with the community, and provide webinar and dial in details for all group coaching calls, among other items.  You will also be included on future email communications related to the products you purchased, newsletters, and other critical email communications from the Company.
  • Intellectual Property. All methods, documents, and materials (collectively, “Content”) are sole intellectual property of the Company. The Company retains all right, title, and interest in and to the Content. The Content is protected by the copyright and trademark laws of the United States. In addition, the Company will retain sole ownership of all additions to the Content and any new materials or content produced, conceived, or otherwise created during the Program. You agree not to use any trademarks, service marks, names, logos, or other identifiers of the Company without the written permission. You also will not copy, reproduce, distribute or use the Content outside of your use of the Program.
  • Termination. We reserve the right to terminate your access to our Program Materials, Website, e-mail communications, or any other method of communications related to our Programs at any time without notice. 
  • Modifications to Site. The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Website (or any part thereof), including these Terms & Conditions, from time to time, for any or no reason and without notice. You agree that the company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. The information and materials contained on the Website are subject to change.
  • Third-Party Links. The Company may post third-party links to its Website from time to time, some of which the Company may be an affiliate of (and thus earn income). The Company is not responsible for the third-party websites or content, and we refer you to their “terms of use” when on those websites.
  • Disclaimer. The Company DOES NOT REPRESENT, WARRANT, COVENANT, OR GUARANTEE OUR WORK TOGETHER WILL RESULT IN CAREER OR PERSONAL ADVANCEMENT or ANY other results of any kind or nature (financial or otherwise). You understand this is not a "get rich quick" program.  You understand that the Company’s services do not constitute accounting or legal advice and you are hereby specifically advised to seek other advice for such matters. It is also not a replacement for health or medical care.  If you require health, medical, psychiatric, and/or psychological care, you are advised to retain the services of a licensed medical professional.  The sole purpose of the Company and this Program is to provide educational materials and coaching for personal and professional development.  Also, neuroscience data and reference research is constantly changing, and the content on the Website is shown “As Is” and “As Available” with no warranties whatsoever.  
  • Limitations on Use. You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.  When you are provided a password to access this web site, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password and will not share with anyone at any time.  The Program is a community (a social network) in which personal information may be exchanged between participants.  You are entirely responsible for deciding how much of your personal information you wish to share in the membership site program, on the group coaching calls, and in the community.  The Company cannot guarantee the confidentiality of any of the information you choose to share.  By being part of the Program, you agree to keep other members' information confidential.
  • Release and Indemnification. You agree to release and hold the Company, its employees, owners (including Matt & Shannon Phillips), TrueWellness Nutrition LLC, independent contractors, and agents harmless for any claims, demands, causes of action or litigation including, but not limited to, all costs and reasonable attorneys' fees, which may arise or be incurred by reason of your acts and omissions related to our services performed under this Agreement.
  • Liability limitation. In no event will the Company be liable for any consequential, incidental, indirect, punitive, or special damages related to the Agreement. Regardless, the Company’s liability under this Agreement will not exceed the fees actually paid for the Program.
  • MiscellaneousIf any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect, the validity, legality, or enforceability of any other provision will not in any way be affected or impaired. This Agreement sets forth the entire understanding with respect to the subject matter hereof and may not be modified, changed, or amended, except by a writing signed by both parties. In the event of a dispute over the terms of this Agreement, the substantially prevailing party or parties will be entitled to recover reasonable attorneys’ fees and costs, including fees and costs incurred enforcing or collecting any judgment or award arising out of any such dispute. If any action is brought that in any way relates to any of the terms, covenants, or conditions of this Agreement, whether such action is in law or in equity, the undersigned agree that the forum for such action or actions will be binding arbitration in Denver, Colorado before the American Arbitration Association, pursuant to the Commercial Arbitration Rules of the American Arbitration Association, and governed by the Federal Arbitration Act. This Agreement will be governed by Colorado law.
  • Affiliates. From time to time, we may promote, affiliate with, or partner with other individuals or businesses whose programs, products and services align with ours. There may be instances when we promote, market, share or sell programs, products or services for other partners and in exchange we may receive financial compensation or other rewards. The Company is highly selective and only promotes the partners whose programs, products and/or services we respect. At the same time, you agree that any such promotion or marketing does not serve as any form of endorsement whatsoever. You are still required to use your own judgment to determine that any such program, product or service is appropriate for you. You are assuming all risks, and you agree that the Company is not liable in any way for any program, product or service that I may promote, market, share or sell on or through our Website.
  • Photo, Video, & Wording Release. I hereby grant the Company the irrevocable right and permission to use photographs, works I create, uploaded documents, testimonials, feedback, comments or posts, and/or video recordings of me on the Company’s and other websites and in publications, podcasts, marketing materials, promotional flyers, educational materials, derivative works, or for any other similar purpose without compensation to me. I understand and agree that such photographs, works I create, uploaded documents, testimonials, feedback, comments or posts, and/or video recordings of me may be placed on the Internet.  I also understand and agree that I may be identified by name and/or title in printed, Internet or broadcast information that might accompany the photographs, works I create, uploaded documents, testimonials, feedback, comments or posts,  and/or video recordings of me. I waive the right to approve the final product. I agree that all such photographs, works I create, uploaded documents, testimonials, feedback, comments or posts, and/or video recordings of me and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of the Company. I hereby release, acquit and forever discharge the Company, its current and former officers and employees of the above-named entity from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographsworks I create, uploaded documents, testimonials, feedback, comments or posts,  and/or video recordings of me, and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation. 

Time Optimization Roadmap Training Program

  • Character of Services. MP Business Services LLC (d/b/a Pro Athlete Advantage) (the “Company”) will provide training through Time Optimization Roadmap Program (the "Program"), a series of online trainings videos and other resources (such as PDF's and handouts) to aid in your personal and professional development. The Company is committed to providing you with advice that will contribute to your personal and professional development, however, the final decision about acting on this advice – and the responsibility for results achieved – is yours.
  • InvestmentYour initial Program payment is non-refundable. Once this payment is processed, your membership within the Program starts. When you purchase any Program, the information provided and obtained as part of the transaction, such as your credit or debit card number and contact information, may be collected by both the third-party merchant and by us. A merchant may have privacy and data collection practices that may be different from the Company. We have no responsibility or liability for the merchant’s policies.
  • Email, Mobile Phone, Membership Site, and App Permissions. By purchasing the Program, you are providing consent to the Company to contact you via email, mobile phone, within the membership site or the app to deliver the content of the Program. You also provide consent for the Company to send you login details to its respective backend system, so you can view all trainings, download the appropriate supporting files, among other items.  You will also be included on future email communications related to the products you purchased, newsletters, and other critical email communications from the Company.
  • Intellectual Property. All methods, documents, and materials (collectively, “Content”) are sole intellectual property of the Company. The Company retains all right, title, and interest in and to the Content. The Content is protected by the copyright and trademark laws of the United States. In addition, the Company will retain sole ownership of all additions to the Content and any new materials or content produced, conceived, or otherwise created during the Program. You agree not to use any trademarks, service marks, names, logos, or other identifiers of the Company without the written permission. You also will not copy, reproduce, distribute or use the Content outside of your use of the Program.
  • Termination. We reserve the right to terminate your access to our Program Materials, Website, e-mail communications, or any other method of communications related to our Programs at any time without notice. 
  • Modifications to Site. The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Website (or any part thereof), including these Terms & Conditions, from time to time, for any or no reason and without notice. You agree that the company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. The information and materials contained on the Website are subject to change.
  • Third-Party Links. The Company may post third-party links to its Website from time to time, some of which the Company may be an affiliate of (and thus earn income). The Company is not responsible for the third-party websites or content, and we refer you to their “terms of use” when on those websites.
  • Disclaimer. The Company DOES NOT REPRESENT, WARRANT, COVENANT, OR GUARANTEE OUR WORK TOGETHER WILL RESULT IN CAREER OR PERSONAL ADVANCEMENT or ANY other results of any kind or nature (financial or otherwise). You understand this is not a "get rich quick" program.  You understand that the Company’s services do not constitute accounting or legal advice and you are hereby specifically advised to seek other advice for such matters. It is also not a replacement for health or medical care.  If you require health, medical, psychiatric, and/or psychological care, you are advised to retain the services of a licensed medical professional.  The sole purpose of the Company and this Program is to provide educational materials and coaching for personal and professional development.  Also, neuroscience data and reference research is constantly changing, and the content on the Website is shown “As Is” and “As Available” with no warranties whatsoever.  
  • Limitations on Use. You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.  When you are provided a password to access this web site, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password and will not share with anyone at any time.  The Program is a community (a social network) in which personal information may be exchanged between participants.  You are entirely responsible for deciding how much of your personal information you wish to share in the program.  The Company cannot guarantee the confidentiality of any of the information you choose to share.  By being part of the Program, you agree to keep other members' information confidential.
  • Release and Indemnification. You agree to release and hold the Company, its employees, owners (including Matt & Shannon Phillips), independent contractors, and agents harmless for any claims, demands, causes of action or litigation including, but not limited to, all costs and reasonable attorneys' fees, which may arise or be incurred by reason of your acts and omissions related to our services performed under this Agreement.
  • Liability limitation. In no event will the Company be liable for any consequential, incidental, indirect, punitive, or special damages related to the Agreement. Regardless, the Company’s liability under this Agreement will not exceed the fees actually paid for the Program.
  • MiscellaneousIf any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect, the validity, legality, or enforceability of any other provision will not in any way be affected or impaired. This Agreement sets forth the entire understanding with respect to the subject matter hereof and may not be modified, changed, or amended, except by a writing signed by both parties. In the event of a dispute over the terms of this Agreement, the substantially prevailing party or parties will be entitled to recover reasonable attorneys’ fees and costs, including fees and costs incurred enforcing or collecting any judgment or award arising out of any such dispute. If any action is brought that in any way relates to any of the terms, covenants, or conditions of this Agreement, whether such action is in law or in equity, the undersigned agree that the forum for such action or actions will be binding arbitration in Denver, Colorado before the American Arbitration Association, pursuant to the Commercial Arbitration Rules of the American Arbitration Association, and governed by the Federal Arbitration Act. This Agreement will be governed by Colorado law.
  • Affiliates. From time to time, we may promote, affiliate with, or partner with other individuals or businesses whose programs, products and services align with ours. There may be instances when we promote, market, share or sell programs, products or services for other partners and in exchange we may receive financial compensation or other rewards. The Company is highly selective and only promotes the partners whose programs, products and/or services we respect. At the same time, you agree that any such promotion or marketing does not serve as any form of endorsement whatsoever. You are still required to use your own judgment to determine that any such program, product or service is appropriate for you. You are assuming all risks, and you agree that the Company is not liable in any way for any program, product or service that I may promote, market, share or sell on or through our Website.
  • Photo, Video, & Wording Release. I hereby grant the Company the irrevocable right and permission to use photographs, works I create, uploaded documents, testimonials, feedback, comments or posts, and/or video recordings of me on the Company’s and other websites and in publications, podcasts, marketing materials, promotional flyers, educational materials, derivative works, or for any other similar purpose without compensation to me. I understand and agree that such photographs, works I create, uploaded documents, testimonials, feedback, comments or posts, and/or video recordings of me may be placed on the Internet.  I also understand and agree that I may be identified by name and/or title in printed, Internet or broadcast information that might accompany the photographs, works I create, uploaded documents, testimonials, feedback, comments or posts,  and/or video recordings of me. I waive the right to approve the final product. I agree that all such photographs, works I create, uploaded documents, testimonials, feedback, comments or posts, and/or video recordings of me and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of the Company. I hereby release, acquit and forever discharge the Company, its current and former officers and employees of the above-named entity from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographsworks I create, uploaded documents, testimonials, feedback, comments or posts,  and/or video recordings of me, and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation. 

MEDICAL DISCLAIMER: THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE
The information, including but not limited to, text, graphics, images and other material contained on this website, membership program, or as discussed in group coaching calls are for informational purposes only. The purpose of this website is to promote understanding and knowledge of various health topics. It is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen and any/all medications you are currently taking and never disregard professional medical advice or delay in seeking it because of something you have read on this website.
 
Dietary Supplement Disclaimer
This information provided on this website and in training modules of the website has not been evaluated or approved by the FDA and is not necessarily based on scientific evidence from any source. These statements have not been evaluated by the Food and Drug Administration (FDA). These products are intended to support general wellbeing and are not intended to treat, diagnose, mitigate, prevent, or cure any condition or disease. If conditions persist, please seek advice from your medical doctor. TrueWellness Nutrition LLC and MP Business Services LLC are not liable for any information provided on this site with regard to recommendations regarding supplements or purchases of supplements for any health purposes. Solely purchasing a product, program or wellness coaching does not establish a practitioner/client relationship with Shannon Phillips, CNTP or any other employee of TrueWellness Nutrition LLC or MP Business Services LLC.  You agree that you will check with your medical professional prior to taking any purchased supplements from this website.

Affiliate Terms & Conditions

Pro Athlete Advantage (d/b/a MP Business Services LLC, the “Company”) reserves the right to amend these Terms and Conditions at any time without notice.

Please read the following affiliate terms and conditions carefully before you join our program or begin marketing our products. Each affiliate is responsible for assuring that its employees, agents, and contractors comply with these terms and conditions.

This affiliate agreement only covers The High Performance Leadership Program from Pro Athlete Advantage.  It excludes any other offers, including 1-on-1 coaching, workshops, speeches, or future products. 

DEFINITIONS

As used in these terms and conditions: (i) “we”, “us”, or “our” refers to Pro Athlete Advantage, our website, marketing materials, videos, text messages, and any brand partners that we represent; (ii) “you” or “your” refers to the affiliate; (iii) “our website” refers to Pro Athlete Advantage properties located at www.ProAthleteAdvantage.com or courses.ProAthleteAdvantage.com and any apps or other digital products produced by the Company; (iv) “your website” refers to any websites that you will link to our website; (v) “Program” refers to The Momentum Method Program only. 

HOW TO BECOME AN AFFILIATE PARTNER

  1. Review the Program Terms and Conditions
  2. Apply to become an affiliate by emailing [email protected] and let us know of your interest to become an affiliate

If your application has been approved, you will be asked to sign a contract outlining these Terms & Conditions and other terms. You will have access to unique affiliate links for use on your approved website(s) or other marketing avenues (social media, email campaigns, etc.).

ENROLLMENT

After receiving your application, we will notify you of your acceptance into or rejection from our program. Please allow up to fifteen (15) business days for your application to be reviewed. We reserve the right to reject any application for any reason or no reason at all.

PAYMENTS & COMMISSION

Each affiliate will be paid on a monthly basis (at the end of the month) for commissions earned from the prior month, net of any membership cancellations.  As this is a monthly membership program, Affiliates will be paid each month until the person they referred cancels their membership, at which point Affiliate payments will cease.  Payments will be sent through Paypal or other electronic format.

The current Affiliate commission is 20%.

WEBSITE/SOCIAL MEDIA RESTRICTIONS

Your participating website(s)/social media account(s) may not:

  • Infringe on our or any anyone else’s intellectual property, publicity, privacy, or other rights.
  • Violate any law, rule, or regulation.
  • Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography, or sexually explicit or adult-related materials.
  • Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
  • Contain software or use technology that attempts to intercept, divert, or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website.

If you participate in any website or social media account(s) you agree to indemnify, hold harmless and defend the Company, its employees and subsidiaries from and against all claims which arise out of or relate to: (1) infringement of intellectual property; (2) violation of any law, rule, or regulation; (3) content that violates any website’s Terms & Conditions; and (4) any other claim that arises out of your use of any website or social media account.

LINKING TO OUR WEBSITE

Upon acceptance into the Program, a personalized, unique link will be made available to you through the affiliate interface. Your acceptance into our program means you agree to and abide by the following:

  • You will only use linking code obtained from the affiliate interface without manipulation.
  • All website domains that use your affiliate link must be listed in your affiliate profile.
  • Your website will not in any way copy, resemble, or mirror the look and feel of our website. You will also not use any means to create the impression that your website is our website or any part of our website including, without limitation, framing of our website in any manner.
  • You may not engage in cookie stuffing or include pop-ups, false, or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
  • You may not use redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain.
  • If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed.

PAY PER CLICK (PPC) GUIDELINES

No PPC is allowed under this program.

COUPON GUIDELINES

The Company runs an active coupon and discounting program through our own website. We do not allow the use of coupons/discounts by our Affiliates.

DOMAIN NAMES

Use of any of our trademarked terms as part of the domain or sub-domain for your website, i.e. ProAthleteAdvantage.website.com or ProAthleteAdvantage.-coupons.com, is strictly prohibited and is grounds for removal from the program.

ADVERTISING & PUBLICITY

You shall not create, publish, distribute, or print any written material that makes reference to our program without first submitting that material to us and receiving our prior written consent. If you intend to promote our program via email campaigns, you must adhere to the following:

  1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our program.
  2. Emails must be sent on your behalf and must not imply that the email is being sent on behalf of Pro Athlete Advantage.
  3. Emails must first be submitted to us for approval prior to being sent.

Any web content or design elements (graphics, banners, etc.) created for the Company’s brand or products by an affiliate partner must be approved in advance of being published on your website.

SOCIAL MEDIA

Promotion on Facebook, Twitter, and other social media platforms is permitted, following these general guidelines:

  1. You are allowed to promote the Program using your affiliate links on your own Facebook, Twitter, LinkedIn, etc. pages. 
  2. You are prohibited from posting your affiliate links on Pro Athlete Advantage's Facebook, Instagram, LinkedIn, etc. company pages.

OPERATIONS OUTSIDE UNITED STATES

If you are conducting business in or taking orders from other countries, you will follow the laws of those countries. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive if you are conducting business in or taking orders from one or more of the European Union countries.

REVERSAL & COMMUNICATION POLICY

The Company reserves the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions.

Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.

You are not forthcoming, you are intentionally vague, or you are found to be lying.

You are not responsive within a reasonable time period and after multiple attempts to make contact using the information listed in your network profile.

You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.

FTC DISCLOSURE REQUIREMENTS

You shall include a disclosure statement within any and all pages/posts where affiliate links for our affiliate program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from the affiliate management team for review, this also must be clearly stated in your disclosure.

Example: I receive financial remuneration for promoting Pro Athlete Advantage. I recommend Matt Phillips and Pro Athlete Advantage for anyone looking to get the leadership mental toughness training and coaching necessary to elevate their life and business/career. 

EMPLOYEE STATUS AND AGENCY

Affiliate is an independent contractor as is not an employee of the Company or its subsidiaries.

The Company will not withhold any income or other applicable taxes from any payments to affiliates. Affiliates are responsible for paying all applicable state, federal, and local income taxes.

Affiliates may promote the Company and the Program in accordance with these Terms & Conditions. Affiliates do not have the authority to bind the Company or act on behalf of the Company.


 If you have any questions about these Terms & Conditions, please email us at [email protected]