Non Disclosure Agreement (NDA) and Customer Agreement (CA):

Notice - Read This

THIS AGREEMENT is made by and between The Vertical Project USA, Inc., (herein referred to as "Discloser") and you, the customer (herein referred to as "Recipient").

WHEN YOU CLICK THE "ORDER" BUTTON AT THE BOTTOM OF ANY ORDER PAGE ON THIS WEBSITE, YOU, THE RECIPIENT, ARE CLAIMING THAT YOU HAVE READ, FULLY UNDERSTAND AND FULLY ACCEPT THE TERMS OF THIS CUSTOMER AGREEMENT AND ASSOCIATED POLICIES. ORDER WITH CONFIDENCE!

Dear Valued Customer,

We encourage you to read the following Purchase Agreement because its provisions may impact on you. The legalese of this agreement is presented below. Enjoy the read and congratulations on your choice. We wish you every success!

Sincerely,
The Vertical Project Team

THIS CUSTOMER AGREEMENT IS A CONTRACT.

UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE YOU FROM THE DISCLOSER AND YOU, IN TURN, GIVE THE DISCLOSER CERTAIN RIGHTS THAT AFFECT YOU.

THIS CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS AND THAT LIMIT THE LIABILITY OF THE DISCLOSER.

YOU MUST ACCEPT THESE TERMS OR THE DISCLOSER WILL NOT TRANSACT BUSINESS WITH YOU OR SELL ANY PRODUCT TO YOU, AND YOUR ORDER FOR ANY PRODUCT WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.

YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL PART OF THE LEGAL CONSIDERATION THAT THE DISCLOSER REQUIRES FROM YOU AS A CONDITION OF SALE.

THIS CONTRACT BECOMES VOID AND DOES NOT APPLY TO FRAUDULENTLY ACQUIRED MERCHANDISE.

PARTIES TO THIS AGREEMENT AND DISCLAIMER: This Customer Agreement is made by and between The Vertical Project USA, Inc., (herein referred to as "Discloser") and you, the customer (herein referred to as "Recipient").

CUSTOMER AGREEMENT RELATING TO ANY PURCHASE FROM DISCLOSER

1. PURPOSE.
The Discloser has agreed to make available to the Recipient certain Confidential Information (as defined below) of the Discloser for the purpose of training and education for the Recipient.

2. DEFINITION.
"Confidential Information" means any information, technical data, or know-how, including, but not limited to, that which relates to research, product plans, products, services, customers, markets, software, developments, inventions, processes, designs, drawings, engineering, hardware configuration information, marketing or finances, which Confidential Information is designated in writing to be confidential or proprietary, or if given orally, is confirmed promptly in writing as having been disclosed as confidential or proprietary. Confidential Information does not include information, technical data or know-how which is approved for release by the Discloser in writing.

3. NON-DISCLOSURE OF CONFIDENTIAL INFORMATION.
The Recipient agrees not to use the Confidential Information for any purpose other than that set forth in Section 1 of this Agreement. The Recipient will not disclose any Confidential Information to third parties except those directors, officers, employees, consultants and agents of Recipient who are required to have the information in order to carry out the purpose set forth in Section 1 of this Agreement. Recipient has had or will have directors, officers, employees, consultants and agents of Recipient to whom Confidential Information is disclosed or who have access to Confidential Information sign a Non-Disclosure Agreement in content substantially similar to this Agreement and will promptly notify the Discloser in writing of the names of each such person who has signed such agreements after such agreements are signed. Recipient agrees that it will take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information in order to prevent it from falling into the public domain or the possession of persons other than those persons authorized hereunder to have any such information, which measures shall include the highest degree of care that Recipient utilizes to protect its own Confidential Information of a similar nature. Recipient agrees to notify the Discloser in writing of any misuse or misappropriation of such Confidential Information which may come to its attention.

4. MANDATORY DISCLOSURE.
In the event that the Recipient or its directors, officers, employees, consultants or agents are requested or required by legal process to disclose any of the Confidential Information, the Recipient shall give prompt notice so that the Discloser may seek a protective order or other appropriate relief. In the event that such protective order is not obtained, the Recipient shall disclose only that portion of the Confidential Information which its counsel advises that it is legally required to disclose.

5. RETURN OF MATERIALS.
Any materials or documents of which have been furnished by the Discloser to the Recipient will be promptly returned, accompanied by copies of such documentation, if the period set forth in Section 1 of this Agreement has been concluded.

6. NO LICENSE GRANTED.
Nothing in this Agreement is intended to grant any rights to Recipient under any patent, copyright, trade secret or other intellectual property right nor shall this Agreement grant Recipient any rights in or to the other party's Confidential Information, except the limited right to review such Confidential Information solely for the purpose set forth in Section 1 of this Agreement.

7. TERM.
The foregoing commitments shall survive any termination of discussions between the parties, and shall continue for a period of ten years following the date of this Agreement.

8. PERSONAL EXPRESS CONSENT.
"I affirm that I am at least 18 years of age and/or have the express permission of a parent/guardian to use Product. I hereby I also affirm that the name and personal information provided on this form are true and correct. I further declare that I have read, understand and accept the business terms as published herein. Upon ordering Product I further agree that I was willingly and to my full consensual knowledge enrolled into the Lowrey Performance Inner Circle seminar/educational classes coaching program, where Discloser will debit my same account/card for the discounted fee outlined and agreed at point of sale, depending on the offered price at the time, so that I might receive; 1) stated coaching benefits, 2) stated telephone number and 3) stated invitational access to coaching classes/sessions. Whilst I solemnly agree and give my consent that this is a twelve month subscription service and that I am protected against any fee increases, I also understand it is by Discloser’s grace and sole discretion alone that I may contact Discloser and cancel this subscription and commitment at any time prior to my next installment, without incurring future charge/penalty, and Discloser will graciously comply without resistance, issuing a Cancellation Confirmation Code (CCC) to evidence this subscription cancellation. To confirm this cancellation, I confirm that I must acquire a CCC from Discloser. As Recipient, it is my sole responsibility to acquire a CCC. I confirm that my failure to acquire a CCC may directly result in voidance of cancellation. I hereby accept that all sales are final at time of charge. Henceforth, I hereby waive any and all right to appeal, complaint and/or legal/civil remedy."

9. REFUND POLICY, GRACE AND DISCRETION.
At time of order completion, all sales are deemed final. However, Discloser reserves the sole right to express grace and discretion and provide any Recipient a full or partial refund should it be deemed suitable by Discloser alone. Recipient fully accepts any such grace/discretion is retained by Discloser alone and waives any and all right to appeal, complaint and/or legal/civil remedy. Such discretionary conditions may be provided on website prior to order and Recipient accepts binding nature of such. Concerning the provision of credit/s and/or refund/s, Discloser strictly retains the sole right to act with grace and discretion as it chooses and Recipient accepts this, without dispute. Discloser graciously cares for Recipient and will make every discretionary effort to please Recipient, as Discloser deems suitable.

10. TRIAL PERIOD.
Recipient acknowledges that should it accept any trial offer, by virtue of placing an order for such, that any such trial offer or trial period does, at no time, construe that Product is free or free of charge. Recipient acknowledges that Discloser will charge Recipient a discounted fee at completion of any such trial period, and Recipient acknowledges and accepts this.

11. REGISTRATION FEE/S AND SHIPPING AND HANDLING FEE/S.
Recipient acknowledges and accepts that any registration fee/s and shipping and handling fee/s are 100% non-refundable, without exception.

12. MEDICAL WAIVER.
I hereby fully understand that Discloser is not responsible for any aspect of my health as a result of using Product, and that Discloser provides goods and services purely for informational purposes only. I hereby understand that Product and Mr. Luke Lowrey solicit information to users regarding optimal vertical leap, athletic enhancement and health issues and do not make any claim/s to cure any disease. I accept that I must exercise my own discretion and consult a physician before participating in any dietary, supplementation or exercise regime or system. Therefore, I hereby pledge that I will seek medical advice before using Product. Henceforth, I hereby waive any and all right to appeal, complaint and or legal/civil remedy.

13. CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES.
Recipient warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Act, is of legal age to enter into contractual agreements in the state in which he or she is present when he or she completes any purchase of product and is the true and authorized owner of the credit card used to complete any purchases of Product.

14. LIMITATION OF LIABILITY AND DISCLAIMER.
Recipient warrants an understanding, as required consideration, that the Recipient of Product disclaims all liability for the product or damages resulting from the use of Product for any reason. Discloser alone accepts full responsibility for allowing others to use Product. Discloser understands, acknowledges, agrees to and accepts that Discloser disclaims any and all liability for any information contained in sales or promotional materials or the product itself that is unintentionally misleading or incorrect that might cause damage to Discloser and/or others.
Recipient expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase and/or use of Product or from subsequent contact with Discloser or Third Parties.
Recipient expressly agrees that no matter what may happen because of his/her purchase and/or use of Product, no matter what damage may be allegedly or actually caused by the purchase and/or use of Product, or no matter the harm or damage that may result directly or indirectly from the purchase and/or use of Product, for any reason whatsoever, that the absolute maximum extent of Discloser's liability shall be an amount no greater than the purchase price of the product.
Recipient agrees and understands that, Discloser, specifically but not exclusively, disclaims liability for all damage to Recipient's person or business by using this product, Discloser disclaims liability for Recipient's interactions with advertisers on the Product website or other websites. Discloser disclaims liability for any of Recipient's interaction with other visitors or other members of the Product website, if any.

15. LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT.
Recipient agrees that the Discloser's total liability, even for erroneous product content that causes damage to the Discloser, shall be limited to the purchase price paid for the product.

16. LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT.
Recipient agrees that the Discloser's total liability, even from harm caused to the Discloser or to others from use of the product, shall be limited to the purchase price paid for the product.

17. LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND.
Recipient agrees that the Discloser's total liability, for any other injury, harm, or tort of any kind, whether foreseeable or unforeseeable, shall be limited to the purchase price paid for the product.

18. LIMITATION ON THE LIABILITY LIMITATION
Discloser understands that some states do not allow limitation of liability.

19. MISCELLANEOUS.
This Agreement shall be binding upon and for the benefit of the undersigned parties, their successors and assigns, provided that Confidential Information may not be assigned without the prior written consent of the Discloser. Failure to enforce any provision of this Agreement shall not constitute a waiver of any term hereof.

20. GOVERNING LAW AND JURISDICTION.
This Agreement shall be governed by and construed and enforced in accordance with the internal laws of United States, and shall be binding upon the parties hereto in the United States and worldwide. The courts within (United States) shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement.

21. REMEDIES.
Recipient agrees that its obligations hereunder are necessary and reasonable in order to protect the Discloser and its business, and expressly agrees that monetary damages would be inadequate to compensate the Discloser for any breach of any covenants and agreements set forth herein. Accordingly, Recipient agrees and acknowledges that any such violation or threatened violation will cause irreparable injury to the Discloser and that, in addition to any other remedies that may be available, in law, in equity or otherwise, the Discloser shall be entitled to obtain injunctive relief against the threatened breach of this Agreement or the continuation of any such breach, without the necessity of proving actual damages.

22. NOTICE.
Discloser herewith agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination, and Modification of service or product at the email address provided to Discloser on the ordering page. Further, Discloser agrees that the right to contact Discloser concerning legal notice shall not be terminated by previously submitted 'unsubscribed' notices and specifically agrees that any notification to cease contact shall not be binding upon the Discloser in regards to Notice of Change, Litigation, Service of Process, Cancellation of Product or Service or Membership or Subscription, Termination of a program, product or website, or Modification of the terms of service or product. Additionally, the Recipient grants Discloser irrevocable right to contact him or her via mail or telephone concerning any of these issues irrespective of other rights the Recipient has to sever contact with Discloser.

23. COSTS.
The prevailing party to any arbitration or litigation will be entitled to collect attorney fees and all other costs associated with the arbitration or litigation, including filing fees, investigation fees, collection fees, travel expenses from the other party and others.

24. MODIFICATION.
This Customer Agreement cannot be modified in any manner between the Discloser and this Recipient unless modifications are made in writing signed by both parties. However, the Discloser may modify this Customer Agreement at any time for other Recipients without notice to the instant Discloser.

25. ENFORCEABILITY OF PROVISIONS.
In the event that some provisions, terms, conditions of the Customer Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, Recipient and Discloser agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.

26. WAIVER OF BREACH.
The Discloser's waiver (failure to enforce) any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of other breaches.

27. DISCLOSER'S CONTACT INFORMATION
The Vertical Project USA, Inc
9701 Wilshire Blvd, 10th Floor
Beverly Hills, CA 90212
United States of America
Phone: 1-800-991-3584
Email: vip@theverticalproject.com

28. FINAL ACCEPTANCE
By taking the affirmative step of clicking any order button, and/or the "I Accept" button and/or checking any Acceptance box, and/or purchasing product, you, the Recipient, voluntarily and knowingly attest that you have fully read, understood, and accept the terms of this Customer Agreement contract, and warrant to the Discloser that said affirmative digital acceptance shall be deemed to be the same as if you had affixed your signature to this Customer Agreement contract.