Terms & Conditions

NOTICE: THESE TERMS MAY NOT BE DUPLICATED FOR YOUR OWN USE. DOING SO CONSTITUTES COPYRIGHT INFRINGEMENT. 

This Terms of Service ("Agreement") constitutes a legally binding agreement between you ("you" or "Participant") and We Are The They governing your use and access to We Are The They software, services, and content made available via our platform. We Are The They and Participant may also individually be referred to as a "Party" and collectively as the "Parties."

By clicking the "I Agree to the Terms of Service" box or (i) accessing or using any part of the Platform or (ii) initiating any transaction on the Platform, you agree to be bound by these Terms of Service. We Are The They may from time to time issue updated versions of its software and services. You consent to such automatic updates and agree that these Terms of Service will apply to all such updates.

THIS AGREEMENT INCLUDES PROVISIONS FOR BINDING ARBITRATION ON AN INDIVIDUAL BASIS –WHICH INCLUDES A WAIVER OF A RIGHT TO A JURY TRIAL OR A RIGHT TO FILE A CLASS ACTION.

1. We Are The They Scope of Services. We Are The They offers Participants the opportunity to participate in a wide range of programs and experiences, including, but not limited to personal, leadership and business consultations, memberships, networking, high adventures, conferences, training programs, coaching/consultations, content, tools and software and other services as offered by We Are The They from time to time through the Platform (collectively "Services").

2. Changes to Services. We may change, suspend, or discontinue the Platform and/or Services, or any part of them, at any time without notice. We may amend this Agreement's terms at our sole discretion by posting the revised terms on the Platform. Your continued use of the Platform and/or Services after the effective date of the revised Agreement constitutes your acceptance of the terms.

3. Your We Are The They Account. To be eligible to register for an account and access the Platform and Services, you must be at least 18 years of age and/or have legal capacity to enter into a binding contract in your country of residence, establish an online account and accept these Terms of Service. Registrants over the age of 13 may establish an account provided your parent or legal guardian consents to your registration. Persons under the age of 13 may not register on the Platform or for any Services under any circumstances.

4. Account Security. You are responsible for maintaining the confidentiality and security of account login information and are responsible for any and all activities that occur under your account. You must immediately notify We Are The They at support@100kagents.com of any change in authorization, any unauthorized use of your account or username, or other account related security breach of which you are aware. We Are The They shall not be liable for any loss or damage arising from your failure to keep your password or account secure.

a. Email. By entering your email when you create an account, you agree to receive emails directly from We Are The They. You may unsubscribe from marketing communications at any time, however, We Are The They reserves the right to continue to send email communications to provide you with important information about your account, registered Services, our Terms of Service and Privacy Policy, at any time as we deem necessary

b. Text Messages. By providing your mobile phone number and by opting into mobile phone-based notifications, you hereby consent to the receipt of notifications via short messages services ("SMS"), which may be subject to fees and costs charged by your cell phone provider. You may opt-out by unsubscribing in response to SMS, contacting support@100kagents.com or as available through the message preferences on your mobile phone's notifications/settings tab.

6. Program/Membership Term. The Services shall commence on the date associated with the selected Services for which you are registered and shall continue for the term length identified in the applicable purchase order (the "Term").

a. Non-Refundable Fees. Participant shall pay to We Are The They the applicable fees for the Services selected by you through the Platform in accordance with the applicable payment terms. Fees for Services are non-refundable. We Are The They shall not refund any portion of the Services Fees paid by Participant for any reason.

b. Late Payments; Program Suspension. In the event We Are The They does not receive, or is otherwise unable to process payment of, the applicable Services fees, We Are The They reserves the right to suspend or terminate your participation in the applicable Services for payments that are more than five (5) days past due. Any amounts not paid in accordance with the payment terms will accrue interest charges at the greater of 1.5% monthly or the highest interest rate allowable under applicable law.

c. Failure to Attend/Forfeiture. There are no credits or refunds in the event Participant is unable to attend any aspect, or otherwise utilize any, of the Services or related materials offered to Participant through the Services. Make-up sessions are not available and the Services Term shall not be extended for any reason, including lack of attendance due to Participant's personal reasons or as a result of participation suspension due to late payment of Services Fees.

8. Membership Fees – Annual Charges. For annual membership subscriptions, Participants pay a flat annual membership fee.

a. Payment Terms. Approved applicants commit to an 6-month membership whether member fees are paid in installments or a one-time annual payment. Members with installment payments who seek to cancel prior to expiration of the annual membership terms (12 months) are subject to an early cancellation fee equaling the remaining balance of annual membership. All cancelled memberships will have access to applicable services up until the expiration of their annual membership term.

b. Renewal Eligibility. You will receive notice prior to the expiration of your annual membership term if you are eligible to renew your membership. Membership renewals will be subject to the membership fees in effect at the time of renewal. Annual memberships are not automatically renewed.

c. NON-REFUNDABLE. All membership fees are nonrefundable.

9. Membership Fees – Recurring Charges. For monthly membership subscriptions, Participants pay a recurring monthly membership fee.

a. Payment Terms. Applicable membership fees consists of an initial charge followed by recurring periodic charges in accordance with the membership plan selected by you on the Platform. By entering into this Terms of Service, you acknowledge that your membership has an initial and recurring payment feature and you accept responsibility for all recurring charges incurred prior to cancellation.

b. Automatic Renewal. Monthly membership are automatically renewed each month. Unless cancelled by either party, recurring membership fees will be automatically charged to the payment mechanism provided by you through your Platform account. The recurring fees will be charged at the current rate then in effect at the time of purchase. You will receive notice prior to applicable renewal of any changes to membership fees or these Terms of Service.

c. HOW TO CANCEL: You may cancel your monthly membership plan by contacting support@100kagents.com or through the Platform prior to the end of the current term. Membership cancellations will be effective for the next renewal term. Cancelling your subscription means that you will have access to applicable services until your next renewal date. You will be responsible for all monthly membership fees incurred through the date of cancellation.

d. NON-REFUNDABLE. Monthly membership fees will not be prorated upon cancellation and/or termination and all fees paid through the date of termination are non-refundable.

a. Expenses. Participant shall be solely responsible for expenses associated with participation in Services, including, but not limited to travel to/from Services events, hotel accommodations, food, medical expenses, clothing, gear, or other related expenses incurred during your participation in the Program.

b. Assumption of the Risk. Participation in the Services involves the risk of physical injury and/or other damages. As a condition of your participation in certain Services events, Participant shall release all claims for such risks by execution of a Participation Release and Waiver prior to participation in applicable Services events. The failure of Participant to execute the Participation Release and Waiver shall result in immediate suspension/termination and forfeiture of all applicable Services fees.

c. Participation Election.

i. Participant may discontinue participation in the Services at any time, for any reason. However, any discontinuation, regardless of reason, shall result in forfeiture of the applicable Services fees. In the event of discontinuation, all outstanding Services fees shall immediately become due and payable.

ii. We Are The They may, but does not have the responsibility to, discontinue Participant's participation in the applicable Services if it determines, in its sole and absolute discretion, that the Services are not suitable for Participant.

a. Individual Commitment. The Services encompass a range of comprehensive processes involving mindsets, skillsets, and behaviors relating to work, finances, health, relationships, education, and physical activity. Participant has the sole discretion to accept, reject or implement any aspects of the Services recommendations and shall be solely responsible for the outcome and/or impact of such acceptance, rejection or implementation.

b. NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. We Are The They and its staff are not licensed medical or mental health care providers, accountants, attorneys or investment advisors. The Services, Products, Platform, Content and other services are not intended as a substitute for licensed professional advice.

i. NO MEDICAL OR MENTAL HEALTH CARE ADVICE. The Services cannot replace, nor is it intended to represent, a health care patient-provider or other mental health patient-provider relationship. The Services, Platform, Products, Content and other Services made available to Participant should NOT be construed as offering such medical or mental health care advice. Participant is advised to consult with a licensed professional for diagnosis and treatment for specific health concerns or problems, including, but not limited to, medical diagnosis, psychotherapy, psychoanalysis, mental health care, or substance abuse treatment. Participant is solely responsible for performing their own due diligence consultation before making any medical or other mental health care decisions.

ii. NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVISE. The Services are not intended to provide tax, legal, insurance or other investment advice and the Services, Platform, Products, Content and other Services made available to Participant should NOT be construed as offering such advice. Participant is solely responsible for performing their own due diligence consultation before making any tax, legal, insurance or other investment decisions. 

c. WARRANTY DISCLAIMER: NO GUARANTEE OF IMPACT, OUTCOME OR PERSONAL RESULTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, PRODUCTS, PLATFORM, CONTENT OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED "AS IS". WE ARE THE THEY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, PLATFORM, PRODUCTS, CONTENT, OR OTHER SERVICES WILL MEET YOUR PERSONAL OR PROFESSIONAL GOALS, NEEDS OR REQUIREMENTS. EXCEPT WHERE PROHIBITED BY LAW, WE ARE THE THEY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON THE SERVICES, PLATFORM, PRODUCTS, CONTENT, AND/OR OTHER SERVICES.

a. Non-Disclosure. Participant has a duty to maintain the confidentiality of any Confidential Information (as defined herein) provided to Participant through the Services and agrees not to (i) use any Confidential Informa¬tion dis¬closed to it by We Are The They for its own use, (ii) disclose any Confidential Information to any third party for any reason without the prior written consent of We Are The They , and/or (iii) use the Confidential Information in any way detrimental to We Are The They.

b. Definition. "Confidential Information" means any information, technical data, or know-how, including, but not limited to, that which relates to research, product plans, business plans, products, services, employees, customers, markets, software, computer programs, technology, development tools, source code, object code, documentation, developments, intellectual property, concepts, inventions, formulas, processes, procedures, databases, designs, drawings, engineering, hardware configuration information, product ideas, business methods, strategies, marketing or financial plans, financial information, other participant names and related personal information disclosed during the course of any Services accessed by Participant, proprietary materials and/or other trade secrets disclosed by We Are The They (whether in writing, orally, or in any form or medium) to Participant as part of the Services.

13. Privacy. Information provided to We Are The They through the websites, mobile applications and software services offered through the Services (collectively the "Platform") shall be subject to the posted Privacy Policy in effect during Participant's participation in the Services.

a. Content: The term "Content" refers to any text, data, code, graphics, information, images, audio, visual or audiovisual combinations or other materials submitted, uploaded, imported, communicated or exchanged between Participant and We Are The They to facilitate the provision of the Services under this Agreement.

b. Consent: Participant hereby grants to We Are The They the right to (a) photograph, audio-visually record or otherwise digitally record Participant's likeness (collectively "Digital Images"), and/or (b) audio-visually record or otherwise digitally collect any Participant Content. Participant authorizes We Are The They to use their name and any Participant Content in connection with such Digital Images.

c. License: Participant hereby grants to We Are The They a non-exclusive, perpetual, worldwide, non-revocable, royalty-free license to use, reproduce, distribute, create derivative works of, publicly perform, and publicly display any testimonial and Digital Images and Participant Content collected, in whole or in part, in all forms of media, whether now known or later discovered, for any purpose without further compensation or accounting.

15. Content Restrictions. Participant shall be responsible for all Content uploaded and otherwise exchanged through the Platform. We Are The They shall have no obligation to prescreen, monitor, edit or remove any Content. We Are The They reserves the right, to take any action to restrict or remove access to any Content that we deem, in our sole and absolute discretion, to be objectionable, in violation of applicable law, or otherwise in violation of this Agreement.

16. Feedback License. We Are The They considers any suggestions, ideas, proposals, testimonials, or other material submitted by Participants, whether solicited or unsolicited, (collectively, the "Feedback") to be non-confidential and non-proprietary. We Are The They shall not be liable for the disclosure, use or exploitation of such Feedback. You hereby grant to We Are The They a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Feedback for any purpose whatsoever, commercial or otherwise, without compensation or accounting.

Parties acknowledge and agree that the limited remedies and limitations on liability set forth in this Agreement are a fundamental part of the basis of We Are The They 's bargain hereunder, without which We Are The They would not enter into this Agreement or provide Participant with the Services or allow participation in the applicable Services and that the Services fees reflects the allocation of risk agreed upon by the Parties. No action, regardless of form, arising from or pertaining to this Agreement and/or the Services may be brought by Participant more than ONE (1) YEAR after such action has arisen.

a. Choice of Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Utah, without regard to or application of Utah's conflict of law principles. The parties consent to the jurisdiction of the State of Utah, and venue in the County of Utah, with regard to any controversy or claim arising out of or relating to this Agreement, or the breach thereof.

b. Force Majeure. We Are The They shall not be liable or responsible to Participant for any delays in providing the Services as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, telecommunications or power outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight, embargoes, terrorism, natural disaster, war or acts of God.

c. Relationship of Parties. No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by this Agreement.

d. Waiver. No failure or delay by a party exercising any right, power or privilege under this Agreement will operate as a waiver thereof.

e. Modification. No modification of this Agreement shall be effective unless it is either in writing and signed by an authorized representative of We Are The They or posted by We Are The They on the Platform.

f. Severability. The validity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement.

g. Assignment. Participant shall not assign any of the rights or obligations under this Agreement without the prior written consent of We Are The They. This Agreement is assignable by We Are The They at any time without Participant's consent.

i. Interpretation. Headings are for reference purposes only and do not limit the scope or extent of such section.

j. Notices. All notices, requests and other communications under this Agreement shall be in writing and shall be delivered in person (by courier or otherwise) or mailed by certified or registered U.S. mail, return receipt requested, to We Are The They at 485 S Orem Blvd, Orem, UT 84058 and to Participant at the email address specified in Participant's account.

18. Entire Agreement. This Agreement, including the online acceptance of the Participation and Release, and any hyperlinked documents contained herein, shall comprise the entire Agreement between the Parties and supersedes all prior or contemporaneous agreements, written or oral, between the Parties regarding the subject matter contained herein.