NxStep Exit & Value Program – a Division of Pinnacle Consulting & Media, LLC
Terms and Conditions of Program Partnership Enrollment and Performance
1. The Community or County or other organized entity requiting enrollment (hereafter referred to the “enrolled party”) into the NxStep Exit & Value program (hereafter referred to as the “Program”) understands that program partnership and associated benefits provided to owners and or businesses within the geographical area that the enrolled party occupies, are provided to the enrolled party at no cost or fee, but with the expectation of no-cost program marketing and publicity of the program to its business owners, buyers, business consultants or advisors at regular intervals during each annual program partnership term.
2. The enrolled party may engage in paid marketing or publicity to market the program, however, it is under no obligation to do so and will not be reimbursed or otherwise compensated in any manner by the program for doing so.
3. The enrolled party will receive program marketing and publicity information to begin to market the NxStep – Enrolled Party program. The local program will be titled NxStep “name of community or county here” Exit and Value Program. Additional ongoing resources to support the program and local business use and retention will include newsletter or newspaper articles, publicly available streaming topic videos, logos and listing on the NxStep program website during the term of the annual program partnership term.
4. Annual renewal from the enrolled party to the program is required on an annual basis to retain program partner status. Renewal requires review and agreement to abide by the current terms and agreements of the program for that upcoming renewal period.
5. Businesses, business owners, business buyers or business consultants or advisors may enroll the a business entity into the program so long as they reside inside of or within the immediate geographical area of the enrolled entity for the duration of the annual partner term, and once any outstanding program engagement fees have been paid to the program, have access to any available program partner benefits which may but are not guaranteed to include:
a. Various program grants – limited opportunity during the initial partner launch and scheduled workshop and program event, and made available to a multi-state area at the same time, ongoing program fee discounts.
b. Ongoing discounts off full-price NxStep program pricing at 50% per business exit and value program engagement. For 2019 through 2020, full price is $2,995 per engagement before any applied discounts, grants or special offers.
c. Access to NxStep program library of value and exit educational materials for personal use only.
6. The program will produce and deliver completed engagements to the business-owner enrolled participants in approximately 60 (sixty) days following receipt of all requested-required business data and information. Participants are then encouraged to work with existing or local-regional business professionals or advisors to further refine and enact their desired business exit or transition plan.
7. This program uses and models information, data, examples, methodologies, approaches, narratives, forecasts, estimates and or opinions within the curriculum that are intended to demonstrate and education only. While the program strives to provide a high-quality curriculum of deliverables to any enrolled entity or enrolled business-owner, NO RESULT OF ANY KIND IS EVER GUARANTEED OR WARRANTED TO ANY PARTY. BUSINESS PERFORMANCE, MARKETS, MARKET SHARE, VALUE, DESIRABILITY, PRICE, SUPPLY, DEMAND, PROFITS AND OR LOSSES, INTANGIBLE AND TANGIBLE ASSETS ARE DYNAMIC AND AFFECTED IN AN ONGOING MANNER IN ANY COMBINATION BY THE ECONOMY, COMPETITORS, INDUSTRY, GOVERNMENT, REGULATIONS, CONSUMERS OR CLIENT WANTS OR NEEDS, OWNER OR MANAGEMENT DECISIONS, ACTIONS OR INACTIONS, TRANSPORTATION, AVAILABILITY, RELIABILITY, MICRO AND OR MACRO INFLUENCES, GEOGRAPHICAL, SOCIAL AND OR POLITICAL FACTORS, MOTHER NATURE OR OTHER UNNAMED INFLUENCES. NO GUARANTEE OR WARRANT OF ANY RESULT OF ANY KIND WHAT SO EVER IS PROVIDED TO ANY PARTY REGARDING ANY PERFORMANCE, VALUE, ECONOMIC, MARKET, TAX, OR ANY OTHER FINANCIAL, BUSINESS, MARKET OR PERSONAL BENEFIT, ESTIMATE, FORECAST OR OUTCOME BY THE PROGRAM NOR ANY OWNER OR ANY PARTY TO THE PROGRAM. NO GUARANTEE OR WARRANT OF ANY SALE OR TRANSITION OF ANY BUSINESS, AT ANY VALUE, AT ANY TIME BY AND OR TO ANY PARTY IS PROVIDED BY THE PROGRAM NOR ANY OWNER OR ANY PARTY TO THE PROGRAM.
Planning for or creating and appropriately preparing for the consequences, results or outcomes of a sale of any business or associated tangible or intangible asset, intended or not, is the sole responsibility of the owner or owners, the seller or sellers, the buyer or buyers, and or the successor or successors of such business or business assets. The program strongly advises all parties to such a proposed or actual transaction to undertake any and all due diligence required to negotiate and complete such a sale or transition, understand all aspects and results of such a sale, and to mitigate any possible or unacceptable risk before undertaking such a transaction. Such due diligence includes but is not limited to the use of an experienced third-party attorney, accountant, tax professional, insurance professional, financial planner, lender, business broker, realtor, real estate appraiser, equipment appraiser and or a credentialed valuation analyst separate from any program professional.
The enrolled entity and or any person with access to the program or program materials including but not limited to any enrolled business owner, partner, family, successor, employee, advisor, buyer or other third-party in any manner associated with the enrolled entity or the enrolled business agrees to hold the program and all owners and all investors, and all associated or employed parties and any and all affiliated persons or business entities of the program fully harmless in all circumstances including but not limited to any and all program deliverable, content and execution the of the program, methods, versions or modes of delivery, recommendations, data, estimates, calculations, narrative, commentary and or opinion presented or accessible in any verbal, written, audio and or video presentation, or any form of content or deliverable within any partner program or any business-owner engagement and or globally throughout the entirety of the program.
The information, data, examples, methodology, approaches, narratives, forecasts, estimates and or opinions contained within the curriculum of the program may and more likely than not will disagree with or vary from other third-party information, data, examples, methodology, approaches, narratives, forecasts, estimates and or opinions that may be available through other providers, and such variance between professionals or curriculum should be expected by all parties.
8. Either the enrolled entity or the program may cancel their partner relationship with the other party at any time for any reason with no expectation of any further service, debt, claim and or obligation by any party.
9. There is no monetary value to any provided program grant, discount or other award that may be redeemed for cash or any purpose outside of its intended use within the program.
10. Additional services or affiliated entity firm products or services may be available in addition to the services or benefits available through the program and if provided or offered, are understood by all parties to be at an additional cost and not included in or part of the program.
11. No business or owner data will be used inappropriately or provided or sold to any third-party ever, other than noted in this section below regarding minimal enrolled entity notification. All enrolled owner-business payment data will be destroyed upon completion and acceptance of the provided deliverable other than basic reporting information required for regulatory or tax purposes. A copy of the program deliverable and development materials will be retained in a separate business-owner file for future use or reference. Program partners will receive a limited report of which businesses or owners enrolled in the program and any grant, discount or other award they may have received for informational purposes only. No other information regarding the content of the deliverable will be provided and the enrolled entity understands and agrees that the name of any business and or owner enrolled in the program is confidential and not to be disclosed to any other party, and is provided for partner participation and evaluation only.
12. These terms and conditions of program participation and delivery may be updated by the program at any time. If updated, each enrolled entity will be notified and provided with a copy of the updated terms for review and acceptance to continue in the partnership.
13. Data or deliverable information for the enrolled entity or the enrolled business-owner is kept physically at NxStep offices or in third-party technical service provider servers. Reasonable steps are taken to ensure such data is secured and not accessible by any unauthorized persons, however in this age, total data security cannot be guaranteed. The program, any owner, any other associated party or entity is NOT responsible and will be held harmless in all instances for any breech of data regardless of location and or any result or damage associated with any unauthorized use or breech of program data.
14. All data, information, examples, presentations, marketing or promotional information, topic papers, narratives, videos, audio recording, streaming media, website content used or accessed by any enrolled entity and or community or county partner of the program is wholly owned only by the program and or its creator and or Pinnacle Consulting & Media, LLC, © 2010 through 2019, and may not be shared or distributed to any other party for any other use other than the promotion of the program within the scope of the enrolled entity program geography and only as intended by the program and only during the effective term of the partnership. Should the enrolled entity or the program discontinue or otherwise cancel the partnership between the enrolled entity and the program, the enrolled entity and all owners, staff, employees, elected officials and or all other associated parties shall immediately discontinue use of program materials and content and return or destroy all copies of program materials and content. The program, creator and or Pinnacle Consulting & Media, L.L.C. reserve all rights and remedies for such violations or unauthorized used of program materials and content.
Effective Date - 07/14/2019
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Credentialing organizations award credentials to the advisor alone and not to any organization or firm that may employ the advisor.
NxStep Advisors are credentialed as:
Certified Valuation Analyst (CVA)
Certified Exit Planning Advisor (CEPA)
Finance Professional (EDFP)
Certified or Master Business Planning Advisor (CBPA or MBPA)