Agreement between User and VxVConsulting.com
The VxVConsulting.com website (the "Site") is comprised of various web pages operated by Virginia Vich, LLC d.b.a. VxV Consulting ("VxV Consulting"). VxVConsulting.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of VxVConsulting.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
VxVConsulting.com is an E-Commerce Site providing personalized financial coaching for athletes, artists, women and families.
Visiting VxVConsulting.com or sending emails to VxV Consulting constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under 13
VxV Consulting does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18, you may use VxVConsulting.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
VxVConsulting.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of VxV Consulting and VxV Consulting is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. VxV Consulting is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by VxV Consulting of the site or any association with its operators.
Certain services made available via VxVConsulting.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the VxVConsulting.com domain, you hereby acknowledge and consent that VxV Consulting may share such information and data with any third party with whom VxV Consulting has a contractual relationship to provide the requested product, service or functionality on behalf of VxVConsulting.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of VxV Consulting or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. VxV Consulting content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of VxV Consulting and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of VxV Consulting or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your VxV Consulting account to third party accounts. By connecting your VxV Consulting account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by VxV Consulting from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the VxV Consulting Content accessed through VxVConsulting.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless VxV Consulting, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. VxV Consulting reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with VxV Consulting in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and VxV Consulting agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VIRGINIA VICH, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
VIRGINIA VICH, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. VIRGINIA VICH, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
VxV Consulting reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and VxV Consulting as a result of this agreement or use of the Site. VxV Consulting's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of VxV Consulting's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by VxV Consulting with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and VxV Consulting with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and VxV Consulting with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
VxV Consulting reserves the right, in its sole discretion, to change the Terms under which VxVConsulting.com is offered. The most current version of the Terms will supersede all previous versions. VxV Consulting encourages you to periodically review the Terms to stay informed of our updates.
VxV Consulting welcomes your questions or comments regarding the Terms:
Virginia Vich, LLC d.b.a VxV Consulting
By registering online, you irrevocably agree with and accept all terms and conditions for your participation in Virginia Vich, LLC’s (Vich) Goal Getter Workshop (“GGW”) 12-week series and individual Workshops. In order for the GGW to be as effective as possible, you must adhere to the following terms and conditions:
You acknowledge that we have been retained hereunder solely as a consultant to you, and that your engagement of Vich is as an independent contractor and not in any other capacity, including as a fiduciary. Vich offers educational services. These sessions are for your planning and education.
In addition, by signing this Agreement, you acknowledge that Vich is not a financial advisor, fiduciary, or a broker dealer. No content provided by either coaching or the coaching course materials is intended as financial advice. If you feel you need professional advice from a licensed advisor, it is your responsibility to seek the help of a licensed professional. All information you share – such as business financials, personal stories, research, data, personnel issues – will be kept highly confidential.
12-Week Membership Privileges
Each member of 12-Week Goal Getter Workshop Series will receive the following access through the time of their membership:
Code of Conduct
If you fail to participate in any meetings during the Workshop, you shall not be entitled to any refund or pro-rating of your fees. Because of the nature of our discussions, we adhere to a very strict confidentiality policy. Anything that is discussed in the group, stays in the group and is not open for discussion or dissemination outside of the group. This includes pricing, strategy, materials and anything else that may be shared. THIS IS A ZERO TOLERANCE POLICY.
Use of Information
You recognize and confirm that in acting pursuant to this engagement we will be using publicly available information and information in reports and other materials provided by others, including, without limitation, information provided by or on your behalf, and that Vich does not assume responsibility for and may rely, without independent verification, on the accuracy and completeness of any such information. You agree to furnish or cause to be furnished to Vich all necessary or appropriate information for use in its engagement and hereby represent and warrant to us that any information relating to you and/or regarding pertinent aspects of your personal and financial situation and relevant agreements that are furnished to Vich by or on your behalf will be true and correct in all material respects and not misleading. You agree that any of the work product produced by Vich is for your confidential use only and you will not, and will not permit any third party to, use it for any other purpose or disclose or otherwise refer to such advice or information in any manner without our prior written consent. You acknowledge and agree that any and all recommendations, referrals, etc. made by us is for informational purposes only, you should not construe any such information or other material as legal, tax, investment, financial, or other advice, and that we are not and will not be providing any investment, legal, accounting, tax or other advice or services, and that you should rely on other advisors that you choose and are comfortable with for such advice and services.
If you do not pay by the agreed upon dates, then you will be considered in default of this Agreement and you will not have access to the content, the workshops or calls until you bring your account current. If after 30 days, you do not bring your account current, Vich will automatically cancel this Agreement.
Termination of Agreement
Either you or us may terminate this Agreement at any time, with or without cause, by giving written notice to the other party; provided, however, that if you terminate this Agreement you shall promptly pay Vich the fees payable through the end of the applicable term, and no such expiration or termination will affect the matters set out in this section or under the captions “Use of Information,” “Certain Acknowledgments,” “Indemnity,” “Maximum Liability” and “Miscellaneous.” It is expressly agreed that following the expiration or termination of this engagement letter, Vich will continue to be entitled to receive fees and reimbursement of expenses that have accrued prior to such expiration or termination but are unpaid or which thereafter become due. Should you or Vich cancel your membership prior to completing your membership in the Workshop, this fees are non-refundable and non-transferable. Vich will also retain the fees of the sessions you have completed.
You acknowledge that you are not relying upon any warranties, promises, guarantees or representations made by anyone acting on behalf of Vich unless it is in writing and made part of this Agreement. All advertising material, if any, whether oral or written, are hereby superseded by this Agreement. This Agreement contains the entire agreement between you and Vich and no addition or modification of any terms shall be effective unless set forth in writing and signed by you and Vich.
Your approval and acceptance of this Agreement will be required prior to commencement of the Workshop.
If it becomes necessary to enforce this Agreement through legal action, then we shall be entitled to recover reasonable attorney’s fees and costs incurred in such enforcement of this Agreement.
Subject to Change
Dates and time sessions will be determined by Vich’s availability.
You authorize Vich to take payment once each month using automatic recurring payments for a total of three months for the 12-Week Workshop or upon registration for individual sessions. If your card is declined, you are subject to a $47 penalty fee.
In consideration of Vich’s signing this engagement letter and agreeing to perform the services hereunder, you agree that you will indemnify and hold harmless Vich and its affiliates and their respective member, directors, officers, agents, shareholder and employees (each, an “indemnified party”), to the full extent lawful, from and against any losses, expenses, claims or proceedings (collectively, “losses”) (i) related to or arising out of (A) the contents of oral or written information provided by you or your agents, or (B) any other action or failure to act by you or your other agents or by Vich or any indemnified party in accordance with and at your request or with the your consent, or (ii) otherwise related to or arising out of the engagement or any transaction or conduct in connection therewith. You further agree that no indemnified party shall have any liability (whether direct or indirect, in contract or tort or otherwise) to you or any of your creditors or other parties for or in connection with the engagement or any actual or proposed transactions or other conduct in connection therewith except for losses incurred by you that are mutually agreed by the parties hereto or finally judicially determined to have resulted primarily from the gross negligence or willful misconduct of such indemnified party.
This agreement is governed by the laws of the State of Florida, without regard to conflicts of law principles, and will be binding upon and inure to your benefit and Vich and its respective successors and assigns. You and Vich agree to waive trial by jury in any action, proceeding or counterclaim brought by or on behalf of either party with respect to any matter whatsoever relating to or arising out of any actual or proposed transaction or the engagement of or performance by Vich hereunder. You and Vich also hereby submit to the exclusive jurisdiction of the courts of the state and federal courts of the State of Florida located in Miami-Dade County in any proceeding arising out of or relating to this agreement, including federal district courts, agrees not to commence any suit, action or proceeding relating thereto except in such courts, and waives, to the fullest extent permitted by law, the right to move to dismiss or transfer any action brought in such court on the basis of any objection to personal jurisdiction, venue or inconvenient forum. This agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. In the event that any party institutes any legal suit, action, or proceeding against the other party arising out of or relating to this agreement, the prevailing party in the suit, action, or proceeding shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action, or proceeding, including reasonable attorneys' fees and expenses and court costs.