Consulting Services, Non‐Disclosure and Non‐Compete AgreementTHIS CONSULTING SERVICES, NON‐DISCLOSURE AND NON‐COMPETE AGREEMENT
1. INSTRUCTOR SERVICES
“Instructor” is an independent, authorized consultant of 101 Financial, LLC, (“101 Financial”). Instructor agrees to consult with, advise and teach you regarding the following service: A rapid mortgage reduction system and budget analysis developed by 101 Financial which is designed to shorten the duration of your current debt load, resulting in a substantial savings of interest payments, as well as a money management plan to assist you in the building of wealth (the “Services”.)
The Services shall be provided to you as follows: (i) Instructor will personally meet with you for three (3) consulting sessions, each approximately 1 to 1.5 hours long, and (ii) Instructor will provide to you a Student Manual that will explain the Services in more detail. You will also have access to 101 Financial’s Financial Analysis system, where you can set up a personal account to assist you in following the debt‐reduction system outlined in the Services. You acknowledge and agree that the Services DO NOT include any counseling or advice regarding federal or state taxes, investment strategies or estate planning and that the Instructor will not provide any such advice to you.
In exchange for the Services, you agree to pay 101 Financial a fee of Three Thousand Nine Hundred Dollars ($3,900.) All consulting fees are due upon approval of your line of credit with the bank or other financial institution (the establishment of which line of credit is required for the Services).
3. CONFIDENTIAL INFORMATION
Upon execution of this Agreement and payment of the consulting fee, Instructor will transfer confidential information to you concerning the 101 Money Management System and other aspects of the Services. For purposes of this Agreement, “Confidential Information” shall mean elements, facts or known facts pertaining to finance, money management, mortgages, loans and debt management that, when reorganized in an “unconventional” sequence of events, constitute the formation of a debt elimination strategy describing the early retirement of a any amortized liability.
Confidential Information shall also include but not be limited to the following types of information provided to you by Instructor and information of similar nature: the Student Manual, software (in various stages of development), documentation, diagrams, flowcharts, marketing and development plans, business plans, financial information, student and/or member lists and other similar information that is proprietary to and the confidential information of 101 Financial. Any and ALL Confidential Information disclosed by Instructor to you shall remain the property of 101 Financial.
4. AGREEMENT NOT TO DISCLOSE
You agree to use the Confidential Information ONLY for the purpose of evaluating and using the Services. You agree not to disclose any Confidential Information in any form to person(s) or entity(ies) outside of 101 Financial. You further agree not to retain or use in any way any information written, digitally stored, or otherwise concerning 101 Financial’s methods of operation, or transmit or reveal any of such information to persons in competition with the Company. You shall be under no obligation if any confidential information is or becomes part of the public domain other than your breach of this Agreement.
5. PRIOR KNOWLEDGE
Inasmuch as you may or may not have a knowledge of elements, facts or known facts pertaining to finance, money management, mortgages, loans and debt management, you hereby acknowledge NOT HAVING prior knowledge of reorganizing these elements, facts or known facts in a manner that constitutes the formation of a “Financial Organizational” strategy.
6. AGREEMENT NOT TO COMPETE
You agree for yourself or in behalf of any person or business entity other than 101 Financial, not to compete with the business of 101 Financial within the United States for a period of five (5) years following the date of this Agreement. The term “not to compete” as used herein shall mean that you shall not own, manage, operate, consult to or be employed in a business substantially similar to or competitive with the present business of 101 Financial. In addition to all other legal remedies for damages and attorney’s fees available to Company for the enforcement of this covenant, the Company
shall be entitled to an injunction by any court of competent jurisdiction to prevent or restrain any breach or threatened breach hereof.
7. RETURN OF CONFIDENTIAL INFORMATION
You agree to return all Confidential Information and copies thereof to 101 Financial, or to destroy the same, at 101 Financial’s request, and provide 101 Financial with verification of such destruction.
8. NO PUBLICITY
You agree that you will not, without prior written consent of 101 Financial, issue any press release of announcement, including social media, or otherwise disclose the existence or nature of this Agreement and/or any proposed business relationship.
You may not assign this Agreement without the prior written consent of 101 Financial. If any provision of this Agreement shall be held invalid in a court of law, the remaining provisions shall be construed as if the invalid provision were not included in this Agreement. Nothing herein shall be construed as a grant by 101 Financial of any license, directly or by implication, estoppels or otherwise, in any confidential information. This Agreement terminates and supersedes all prior
understanding or agreements on the subject matter hereof. Only a further writing that is duly executed by both parties may modify this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
10. THIRD PARTY BENEFICIARY
The parties acknowledge and agree that 101 Financial is an express third‐party beneficiary of this Agreement and shall have the right to enforce all rights and avail itself of all remedies granted to it hereunder.
11. LEGAL COUNSEL
By checking the “agree to” box on the order form, you acknowledge that you have consulted with an attorney, or that you have voluntarily chosen not to do so, and that you fully understand and accept the legality, nature and consequences of this Agreement, and that you are competent and voluntarily agree to all of its terms. No party to this Agreement has wrongfully induced or coerced any other party to make, enter into, sign and/or execute this Agreement.
IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed on the date first of purchase and executed solely by your purchase