IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE BEFORE ACCESSING, USING, OR SUBSCRIBING OVER the collective. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 6, 9 and 10). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

The use of the collective (along with all subdomains, collectively, hereafter the “Website”), which is owned and maintained by Michael Roura LLC, dba Empowered Firm, dba Flapjack Marketing, BAIG LLC, EMPOWERED LEADERSHIP INC (collectively referred to as "the collective," "we," "our," "us"), is governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or subscribing to the Website, you and your business agree to the terms set forth herein. If you do not agree to these terms in their entirety, you are not authorized to use the Website.

THIS IS A BINDING AGREEMENT. THESE TERMS OF USE (“TERMS”) TOGETHER WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT(“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU” OR “CUSTOMER”)AND the collective AND SHOULD BE READ CAREFULLY. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE AND ATTEMPTED USE OF THE WEBSITE AND THE SERVICES PROVIDED BY the collective.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 11.

The collective reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms by requesting them at compliance@empoweredfirm.com. Use of the Website after such changes constitutes acceptance of such changes.

To sign up as a paying member of the collective, you will be required to agree to additional contractual terms.

Table of Contents:

SECTION 1: Website Use

SECTION 2:Website User Conduct and Restrictions

SECTION 3:Our Privacy Policy and Your Personal Information

SECTION 4:Prohibited Use of the Site

SECTION 5:Information You Provide; Registration; User Names and Passwords

SECTION 6:DISCLAIMER – YOUR BUSINESS’ INDIVIDUAL SUCCESS WILL VARY

SECTION 7:Your Responsibilities in Running Your Business

SECTION 8:Testimonials, Reviews, and Pictures/Videos

SECTION 9:DISCLAIMERS OF OTHER WARRANTIES

SECTION 10:LIMITATIONS OF LIABILITIES

SECTION 11:DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

SECTION 12:The collective’s Additional Remedies

SECTION 13:Indemnification

SECTION 14:Notice and Takedown Procedures; Copyright Agent

SECTION 15:Third-Party Links

SECTION 16:Termination

SECTION 17:No Waiver

SECTION 18:Governing Law and Venue

SECTION 19:Force Majeure

SECTION 20:Assignment

SECTION 21:Electronic Signature

SECTION 22:Changes to the Agreement

SECTION 23:Severability

SECTION 24:Entire Agreement

SECTION 25:Contacting Us

SECTION 1 – WEBSITE USE

The use of the Website, owned and maintained by Michael Roura LLC, dba Empowered Firm, dba Flapjack Marketing, BAIG LLC, EMPOWERED LEADERSHIP INC (collectively referred to as "the collective," "we," "our," "us"), is intended for businesses operated by adults. By accessing and using the Website, you affirm that you are at least 18 years old or of legal age of majority in your state or province, operate a business, have the legal capacity to enter into a binding contract with us, and have read and agreed to this Agreement.

SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS

All aspects of our Website, owned and maintained by Michael Roura LLC, dba Empowered Firm, dba Flapjack Marketing, BAIG LLC, EMPOWERED LEADERSHIP INC (collectively referred to as "the collective," "we," "our," "us"), are protected by U.S. and international copyright, trademark, and other intellectual property laws. This includes design elements, text material, logos, taglines, metatags, hashtags, photographic images, personal stories, icons, video and audio clips, personal training sessions, marketing tips and strategies, and downloads. No material on or provided through the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way without our express written permission. The collective's trademarks and logos are proprietary marks and cannot be used unless explicitly allowed in these Terms. You are granted a revocable, limited, non-exclusive, royalty-free, non-sublicensable, and non-transferable license to use the Website, subject to your strict compliance with these Terms. You acknowledge that you do not acquire any ownership rights in the material protected by intellectual property laws. You agree not to use the Website in any unlawful manner, including but not limited to hacking, publishing vulgar or defamatory material, or engaging in any other unlawful act.

SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION

We, Michael Roura LLC, dba Empowered Firm, dba Flapjack Marketing, BAIG LLC, EMPOWERED LEADERSHIP INC (collectively referred to as "the collective," "we," "our," "us"), are committed to protecting the privacy and confidentiality of your personal information and the non-public information of your business. When you provide personal information through the Website, it is subject to our Privacy Policy. You can review our Privacy Policy at https://empoweredfirm.com/ppltc/. We reserve the right to update or modify our Privacy Policy at our reasonable discretion. By accessing or using the Website, you acknowledge and agree to the terms and conditions of our Privacy Policy, which is incorporated into this Agreement by reference.

SECTION 4 – PROHIBITED USE OF THE SITE

You agree not to use or attempt to use the Website in any unlawful manner or a manner harmful to Michael Roura LLC, dba Empowered Firm, dba Flapjack Marketing, BAIG LLC, EMPOWERED LEADERSHIP INC (collectively referred to as "the collective," "we," "our," "us"). You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website, including, but not limited to, refraining from:

a. HARMFUL ACTS.

Engaging in any dishonest or unethical business practices; violating any laws or regulations; causing harm to the reputation of Michael Roura LLC, dba Empowered Firm, dba Flapjack Marketing, BAIG LLC, EMPOWERED LEADERSHIP INC; engaging in hacking or other digital or physical attacks on the Website; using any device, software, or routine that interferes with the proper functioning of the Website or its servers or networks; taking any action that interferes with another user's use of the Website; using any automated or manual process to collect information from the Website for purposes other than a generally available search engine; engaging in spamming, phishing, pretexting, spidering, scraping, or any other activities that collect or track the personal information of others; violating the rights of Michael Roura LLC, dba Empowered Firm, dba Flapjack Marketing, BAIG LLC, EMPOWERED LEADERSHIP INC or any third party, including unauthorized use of company names, service marks, or trademarks without prior written consent, including as metatags or hidden text.

b. "SPAMMING" AND UNSOLICITED COMMUNICATIONS.

We strictly prohibit spamming and unsolicited communications. Any communications sent or authorized by you that are reasonably deemed as spamming or other unsolicited solicitations, including postings on social media or third-party blogs, will be considered a material threat to the reputation of Michael Roura LLC, dba Empowered Firm, dba Flapjack Marketing, BAIG LLC, EMPOWERED LEADERSHIP INC and the rights of third parties.

c. OFFENSIVE COMMUNICATIONS.

You are prohibited from sending, posting, or authorizing any communication that is sexually explicit, obscene, vulgar, pornographic, offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, discriminatory, graphically violent, solicits unlawful behavior, or violates the intellectual property rights of another person or entity.

SECTION 5 – INFORMATION YOU PROVIDE; REGISTRATION; USER NAMES AND PASSWORDS

As a user of Michael Roura LLC, dba Empowered Firm, dba Flapjack Marketing, BAIG LLC, EMPOWERED LEADERSHIP INC (collectively referred to as "the collective," "we," "our," "us"), you may be required to create an account for your business with us. You warrant that the information you provide is truthful, accurate, and that you are not impersonating another person. You are solely responsible for maintaining the confidentiality of any password you use to access your business's user account, and you agree not to transfer the password or user name, or lend or otherwise transfer your use of or access to your business's user account to any unauthorized third party.

You acknowledge that you are fully responsible for all transactions with, and information conveyed to, Michael Roura LLC, dba Empowered Firm, dba Flapjack Marketing, BAIG LLC, EMPOWERED LEADERSHIP INC under your business's user account. You agree to immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your business's user account. You and your business agree that Michael Roura LLC, dba Empowered Firm, dba Flapjack Marketing, BAIG LLC, EMPOWERED LEADERSHIP INC are not liable, and you will hold us harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. For additional information, please refer to Section 13 below.

SECTION 6 – DISCLAIMER – YOUR BUSINESS’S INDIVIDUAL RESULTS WILL VARY

Every business is unique, with different strategic approaches, organizational structures, and offerings. Therefore, individual results will vary. YOUR BUSINESS’S INDIVIDUAL RESULTS WILL VARY BASED ON VARIOUS FACTORS SPECIFIC TO YOUR BUSINESS, INCLUDING LOCATION, BUSINESS MODEL, STAFF AND FACILITY SIZE, AND SERVICE AND PRODUCT OFFERINGS.

Michael Roura LLC, dba Empowered Firm, dba Flapjack Marketing, BAIG LLC, EMPOWERED LEADERSHIP INC (referred to as "the collective," "we," "our," "us") does not make any promises, guarantees, or warranties regarding your business’s success, income, or sales. We do not provide sales leads or referrals to you or your business. Our services or products provide access to marketing and operational strategies and tools, but we do not guarantee your business’s success. Market factors beyond our control may impact the applicability of the tools and strategies we provide to your specific business.

We do not claim that our tools, strategies, or offerings will generate a specific amount of money for your business, and it is possible that you may not earn back your investment. Our services or products are not a business opportunity, "get rich quick" program, guaranteed system, franchise system, or business in a box. If you have such expectations, you should not purchase our services or products. Instead, understand that utilizing the information and tools will require time and effort and may be suitable for some situations but not others.

Furthermore, we do not provide tax, accounting, financial, or legal advice. For advice on these matters, consult your business’s accountant, attorney, or financial advisor.

SECTION 7 – YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS

You, as the user of the services provided by Michael Roura LLC, dba Empowered Firm, dba Flapjack Marketing, BAIG LLC, EMPOWERED LEADERSHIP INC (referred to as "the collective," "we," "our," "us"), are solely and exclusively responsible for ensuring compliance with all applicable laws and regulations in the operation of your business. This includes, but is not limited to, laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and any other laws relevant to your business. The collective shall not be held liable for any violations of the law committed by you or your business.

You are solely and exclusively responsible for the collection and reporting of any applicable sales and use tax, as well as any other taxes that may be imposed on the sales of products or services by your business. The collective does not assume responsibility for the collection or reporting of taxes on behalf of your business. In the event that your business violates any law, and a claim is threatened or asserted against the collective as a result, you agree to indemnify the collective as outlined in Section 13 below.

You acknowledge and agree that transactions conducted in the course of your business may be subject to sales tax, and it is your sole and exclusive responsibility to collect and report such tax for sales made to your customers.

SECTION 8 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS

The collective, comprised of Michael Roura LLC, dba Empowered Firm, dba Flapjack Marketing, BAIG LLC, EMPOWERED LEADERSHIP INC (referred to as "the collective," "we," "our," "us"), values feedback from users and clients and appreciates your comments regarding our services and products. We may utilize testimonials and/or product reviews, either in whole or in part, along with the name, city, and state of the individual or business providing them. Testimonials may be used in various forms of media, both printed and online, at the sole discretion of the collective. It is important to note that testimonials represent the unique experiences of the participants and businesses submitting them and may not reflect the results that you and your business will achieve when using our services or products. As mentioned in Section 6 above, individual results may vary based on factors specific to your business and market conditions beyond our control.

Any materials, including photographs, testimonials, ideas, know-how, techniques, questions, reviews, biographies, your business’s name, comments, suggestions, or other submissions that you or your business provide to us through the Website, social media platforms, or any other sites regarding us, shall be considered non-confidential and non-proprietary. By submitting such materials, you grant us a royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from them by any means and in any form. We may also translate, modify, reverse-engineer, disassemble, or decompile such submissions. This authorization and license may be assigned by the collective to any other party. Furthermore, we reserve the right to correct any grammatical or typographical errors, edit submissions for length, and review all submissions prior to publication or use. We are not obligated to use any part of any submission.

Please be aware of the non-confidential nature of your submissions and exercise caution when sharing sensitive or proprietary information.

SECTION 9 – DISCLAIMERS OF OTHER WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW: YOU EXPRESSLY AGREE THAT YOUR AND YOUR BUSINESS’S USE OF, OR INABILITY TO USE, THE WEBSITE IS AT YOUR AND YOUR BUSINESS’S SOLE RISK. THE WEBSITE AND THE MATERIALS, INFORMATION, AND SERVICES CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

THE COLLECTIVE, CONSISTING OF MICHAEL ROURA LLC, DBA EMPOWERED FIRM, DBA FLAPJACK MARKETING, BAIG LLC, EMPOWERED LEADERSHIP INC (REFERRED TO AS "THE COLLECTIVE," "WE," "OUR," "US"), EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE.

WE DO NOT WARRANT THAT YOUR OR YOUR BUSINESS’S USE OF OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. YOU AND YOUR BUSINESS ACKNOWLEDGE AND AGREE THAT WE MAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE WEBSITE OR ANY SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU OR YOUR BUSINESS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU OR YOUR BUSINESS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU AND YOUR BUSINESS MIGHT HAVE ADDITIONAL RIGHTS.

SECTION 10 – LIMITATIONS OF LIABILITY

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO CASE SHALL THE COLLECTIVE, CONSISTING OF MICHAEL ROURA LLC, DBA EMPOWERED FIRM, DBA FLAPJACK MARKETING, BAIG LLC, EMPOWERED LEADERSHIP INC (REFERRED TO AS "THE COLLECTIVE," "WE," "OUR," "US"), OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR OR YOUR BUSINESS'S USE OR ATTEMPTED USE OF ANY PART OF THE WEBSITE OR ANY SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR OR YOUR BUSINESS'S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SERVICE.

THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND REGARDLESS OF WHETHER THE COLLECTIVE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AND YOUR BUSINESS ACKNOWLEDGE AND AGREE THAT THE COLLECTIVE WILL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY, ARISING FROM OR RELATED TO YOUR OR YOUR BUSINESS'S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SERVICES.

IF, NOTWITHSTANDING THE LIMITATION OF LIABILITY SET FORTH ABOVE, THE COLLECTIVE IS FOUND LIABLE UNDER ANY THEORY, THE COLLECTIVE'S LIABILITY AND YOUR AND YOUR BUSINESS'S EXCLUSIVE REMEDY WILL BE LIMITED TO THE LESSER OF (I) USD $1,000.00, OR (II) THE TOTAL AMOUNT OF MONEY YOU OR YOUR BUSINESS PAID TO THE COLLECTIVE IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT ON WHICH YOUR OR YOUR BUSINESS'S ALLEGED CLAIM IS BASED.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU OR YOUR BUSINESS.

SECTION 11 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS'S RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU AND YOUR BUSINESS AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU OR YOUR BUSINESS WOULD HAVE IF YOU OR YOUR BUSINESS WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AND YOUR BUSINESS AGREE TO ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AND YOUR BUSINESS FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS OF USE AS A COURT WOULD.

If you or your business has a complaint, dispute, or controversy, you and your business agree to first contact us at legal@empoweredfirm.com to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any service, product, or information, or your and your business's relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association ("AAA"), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 12 and 13 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Austin, Texas, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA's Commercial Arbitration Rules and Mediation Procedures, in effect at the time of submission of the demand for arbitration. The AAA's Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms of Use, the Privacy Policy, this arbitration provision, and any other terms incorporated by reference into these Terms of Use. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you, your business, or the collective.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA's Rules. In all other respects, and regardless of which party partially or fully prevails, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

The arbitrator shall follow the substantive law of the State of Texas without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You, your business, and the collective agree that disputes will only be arbitrated on an individual basis and shall not be consolidated on a class-wide or other representative basis, nor consolidated with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You, your business, and the collective expressly waive any right to pursue any class or other representative action against each other. Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1-year period includes the 120-day informal resolution procedures described above).

This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.

This provision survives termination of your account or relationship with the collective, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $5,000.00.

SECTION 12 – THE COLLECTIVE'S ADDITIONAL REMEDIES

In order to prevent or limit irreparable injury to the collective, in the event of any breach or threatened breach by you or your business of the provisions of this Agreement or any infringement or threatened infringement by you or your business of the intellectual property of the collective or a third party, the collective shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Austin, Texas, enjoining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting the collective from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Austin, Texas, for all such claims, and forever waive any challenge to said courts' exclusive jurisdiction or venue.

SECTION 13 – INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the collective, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys' fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, information, services, or products, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third party.

SECTION 14 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT

If you believe that materials or content available on any website operated by the collective infringes any copyright you own, you or your agent may send a notice requesting that the collective remove the materials or content from the website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send the collective a counter-notice. Notices and counter-notices should be sent to:

Empowered Firm

98-871 Iho Pl

Suite B

Aiea, HI 96701

or by email to legal@empoweredfirm.com.

SECTION 15 – THIRD-PARTY LINKS

The Website may contain links to other websites operated by third parties. The collective assumes no responsibility for the content or functionality of any non-collective website to which we provide a link. The inclusion of any such link does not imply endorsement, sponsorship, or recommendation by the collective. You acknowledge and agree that the collective shall not be responsible for any damages or losses incurred by you or your business arising from your use of or reliance on any content, products, or services available on or through any third-party website. It is your responsibility to review the terms and conditions and privacy policies of any third-party websites that you visit.

SECTION 16 – TERMINATION

This Agreement will take effect (or shall re-take effect) at the time you click "SUBMIT," "I ACCEPT," "I AGREE," or similar links or buttons, otherwise submit information through the Website, respond to a request for information, or begin installing, accessing, or using the Website, whichever is earliest. If, in our sole discretion, you or your business fail, or we suspect that you or your business have failed, to comply with any term or provision of the Agreement, we, collectively referred to as "the collective," "we," "our," "us," may terminate the Agreement or suspend your and your business's access to the Website at any time without notice. Termination of this Agreement shall not relieve you or your business from any obligations accrued prior to the termination, including but not limited to the obligation to make any outstanding payments to the collective.

Sections 6, 16 through 20, and 25 through 32 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with the collective. Sections 6 through 13, 15, and 17 through 24 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you and/or your business, shall survive the termination of this Agreement and/or your or your business's account or relationship with the collective.

Upon termination, you and your business remain responsible for any outstanding payments to the collective on a non-prorated basis.

SECTION 17 – NO WAIVER

No failure or delay on the part of the collective, collectively referred to as "the collective," "we," "our," "us," in exercising any right, power, or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. The collective's rights and remedies under this Agreement are cumulative and not exclusive of any other rights or remedies provided by law or equity.

A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by the collective. Any waiver granted by the collective shall not be deemed a waiver of any other provision or subsequent breach of the same or any other provision, nor shall it constitute a continuing waiver unless expressly stated otherwise in writing.

SECTION 18 – GOVERNING LAW AND VENUE

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your or your business’s access to or use of the Website, our Privacy Policy, or any matter concerning the collective, collectively referred to as "the collective," "we," "our," "us," shall be governed exclusively by the laws of the State of Texas without regard to its conflicts of laws principles.

To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 11 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Austin, Texas. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

All claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class-wide or representative basis. The parties will bear their own respective costs and attorneys’ fees, regardless of which party prevails. The prevailing party in any such dispute may be awarded its reasonable attorneys' fees and costs incurred in connection with the dispute.

SECTION 19 – FORCE MAJEURE

The collective, collectively referred to as "the collective," "we," "our," "us," will not be responsible to you for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of the collective. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. The collective shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.

SECTION 20 – ASSIGNMENT

The collective, collectively referred to as "the collective," "we," "our," "us," may assign its rights under this Agreement at any time, without notice. Your and your business's rights and obligations under this Agreement cannot be assigned without the collective's (or its assigns') express written consent.

SECTION 21 – ELECTRONIC SIGNATURE

All information communicated on the Website by the collective, collectively referred to as "the collective," "we," "our," "us," is considered an electronic communication. You and your business agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

SECTION 22 – CHANGES TO THE AGREEMENT

You can review the most current version of the Terms at any time at https://empoweredfirm.com/terms-of-use. We, the collective, collectively referred to as "the collective," "we," "our," "us," reserve the right, at our sole discretion, to update, change, or replace any part of the Agreement, including the Privacy Policy, by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your and your business's continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.]

SECTION 23 – SEVERABILITY

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect. The collective, collectively referred to as "the collective," "we," "our," "us," and you and your business agree that such invalid or unenforceable provision may be modified or severed from this Agreement to the extent necessary to make it enforceable and consistent with the remainder of the Agreement.

SECTION 24 – ENTIRE AGREEMENT

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you, your business, and the collective (collectively referred to as "the collective," "we," "our," "us") and shall govern your use of the Website. These terms supersede any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between the parties. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

SECTION 25 – CONTACTING US

We value our clients' feedback and encourage you to reach out to us with any questions or comments regarding our products and services. Please feel free to contact us at support@empoweredfirm.com. If you have any inquiries or concerns about these Terms, you may reach out to us via email at legal@empoweredfirm.com or by regular mail at:

Michael Roura LLC, dba Empowered Firm, dba Flapjack Marketing, BAIG LLC, EMPOWERED LEADERSHIP INC

98-871 Iho Pl

Suite B

Aiea, HI 96701

We reserve the right to provide notices to you through various means, including posting a notice (or a link to a notice) on our website at https://empoweredfirm.com/terms, sending an email, or using regular mail, at our discretion.

Copyright 2023 – Michael Roura LLC, dba Empowered Firm, dba Flapjack Marketing, BAIG LLC, EMPOWERED LEADERSHIP INC – All Rights Reserved.