Terms and Conditions
Our Terms and Conditions were last updated on Last Modified: December 1st, 2024
PARTIES. In consideration of being permitted to use, access and implement the Virtual Wealth Academy online course (the “Product”), and the value you will gain by using, accessing and implementing the Product, you hereby agree to these Terms of Purchase. These Terms of Purchase are entered into between you (hereinafter “you” or “Client”) and THE VIRUTAL CEO, LLC, a Michigan limited liability company (hereinafter “Company”, “Client”, “we” or “us”). You and the Company are collectively referred to herein as the “Parties”.
ACCEPTANCE OF TERMS OF PURCHASE. The following Terms of Purchase (“Terms”) govern your use of, access to and implementation of the Product. These Terms are legally binding and it is your responsibility to read them before you begin to use, access, or implement the Product. Your act of purchasing, using, or implementing the Product, whether directly from Company or from the course, constitutes your acceptance of these Terms, including any modifications or updates that Company may make to these Terms from time to time. Any such modifications or updates will be effective immediately upon notice to you, which may be given by any reasonable means including via email or through an update posted on a website provided by Company.
TERM. These Terms shall be effective on the date of purchase of the Product by Client and shall continue in full force until terminated as provided herein. Upon termination or expiration of the term, all rights granted to the Client under these Terms, including the right to access to the Product, shall immediately cease and the Client shall immediately cease all use and access to the Product. Termination or expiration of these Terms shall not affect any rights or obligations that: (a) are meant to survive termination (including but not limited to indemnification and limitations of liability); and/or (b) have accrued prior to such termination.
PAYMENT. In full consideration of Company’s performance, obligations and the rights granted herein, Client agrees to either: (1) pay in full in the amount at the time of registration; or (2) pay in monthly installments for the full amount plus payment plan fees in the amount dictated by the payment plan processor per installment, with the first installment paid at the time of registration. Client may choose to finance payments through third party companies Affirm, After Pay, or Klarna. All payments made by Client to Company are non-refundable. If Client elects to pay in monthly installments, payment shall be automatically collected by Company on a monthly basis. If Client elects to pay in monthly installments, Client may not terminate or cancel any future payment obligations. If Client elects to pay in monthly installments, Client hereby authorizes Company to maintain Client’s account and payment information and charge that account automatically in accordance with these Terms. Due to the nature and immediate access to the Product, if Client discontinues use of the Product, Client hereby agrees to remain responsible for all outstanding payments for the remainder of the Term. Payment will be collected by Company via Credit Card and through the Company’s website. Client hereby gives Company authorization to charge its credit/debit card on file for any outstanding fees. Payment failure will result in termination of the access granted herein effective immediately. Client agrees and warrants that all payment instruments, credit cards and related information, i.e. billing address, used in connection with Client’s purchase of the Product are correct and that Client is authorized to use such payment instrument.
LATE FEES. If Company does not receive payment from Client within fourteen (14) calendar days of any payment date, then Client will be charged a late fee of 1.5% of the outstanding amount per each day that Company does not receive payment.
CHARGEBACKS. Client to make every attempt to file for a refund prior to attempting a chargeback with a financial institution. Client will remain responsible for amounts due pursuant to these Terms in the event Client disputes payment with a financial institution. In the event of a chargeback attempt, Client expressly agrees to forfeit any and all intellectual property access and/or deliverables afforded to Client in exchange for purchase of the Product. Company reserves the right to present proof of purchase and these Terms to the financial institution investigating the dispute.
INTELLECTUAL PROPERTY. All copyrights, patents, trademarks, trade secrets, and other intellectual property rights in the Product are and shall remain the sole and exclusive property of Company. Client is granted a non-exclusive, non-transferable, revocable right to use the Product in accordance with these Terms. These Terms do not convey to the Client any rights of ownership in or related to the Product, or any intellectual property rights owned by the Company. The Client shall not attempt to register, or assist others in registering, any trademark, copyright, or other intellectual property that is substantially similar to the Company's. In the event the Client becomes aware of any potential infringement of the Company's intellectual property rights, the Client must promptly notify the Company in writing.
USAGE RESTRICTIONS. Client shall not modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise tamper with the Product with the exception of filming and incorporating Client’s own videos. Notwithstanding the foregoing, these restrictions include but are not limited to the following: (1)Selling portions of the Product; (2) Renaming the Product; (3) Changing material within the Product; (4) Changing the creator of the Product. Client shall not claim ownership of the Product copyright. Client shall not impersonate the Company in any way including Company’s business, brand’s name, content, other products, and other intellectual property.
PAYMENT PLATFORMS. Client acknowledges and agrees to use third-party payment platforms ("Payment Platform") for the purchase of the Product. Client agrees to comply with all terms, conditions, policies, and guidelines of the Payment Platform and to conduct all transactions in compliance with all applicable laws and regulations. Client shall indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees, arising from or relating to the Client’s use of the Payment Platform, including but not limited to the Client’s non-compliance with the Payment Platform's terms, conditions, policies, guidelines, or any applicable laws or regulations. Company is not responsible or liable for any aspect of the Payment Platform, including but not limited to, the availability, accuracy, reliability, or legality of the Payment Platform. Company makes no representations, warranties, or guarantees regarding the Payment Platform. Client acknowledges and agrees that any dispute or claim arising out of or in connection with the Payment Platform is between the Client and the Payment Platform, and Company shall have no liability or obligation in connection therewith.
AGREEMENT MODIFICATION. Client acknowledges and agrees that these Terms constitute the complete and exclusive statement of the agreement between the Client and Company, and that it supersedes all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of these Terms. Client is not permitted to modify or amend these Terms in any manner without the express written consent of Company. Any such unauthorized modification or amendment will be null and void. Client agrees not to enter into any other contract or agreement that would supersede, alter, or conflict with these Terms. Any such contract or agreement will be null and void to the extent that it conflicts with these Terms. Client acknowledges and agrees that it is their sole responsibility to review these Terms periodically to familiarize themselves with any modifications. Continued use of the Product after any such modifications constitutes the Client's agreement to such changes.
REFUND POLICY. Client acknowledges that the ONLY product, course, or download that is eligible for a refund is The Rapid Ascension Framework. The Rapid Ascension Framework holds a NON-CONDITIONAL LIFETIME REFUND. All other products are NON-REFUNDABLE. By purchasing any item from LaunchThenScale.com, TheVirtualCEO.io, and any other site that is owned by The Virtual CEO, LLC you are agreeing to this refund policy. If Client requests a refund, all access to the product will be revoked. Refunds to any other product (other than The Rapid Ascension Framework) will be denied. Client acknowledges and agrees that due to the nature of the Product being eligible for download, all purchases of the Product are final and non-refundable. Client must clearly understand this return policy prior to the purchase of the Product, ensuring that Client understand that they are purchasing a non-refundable product. Failure to comply with this return policy may result in immediate termination of these Terms, at the sole discretion of Company, in addition to any other remedies available to Company under law or equity.
CONFIDENTIAL INFORMATION. Client acknowledges that they may have access to confidential and proprietary information ("Confidential Information") of Company. Confidential Information includes but is not limited to customer lists, business plans, financial data, marketing plans, product specifications, and other proprietary knowledge related to the Product or Company. Client agrees that they will not disclose, disseminate, or make available any Confidential Information received from Company, directly or indirectly, to any third party without the prior written consent of Company. Client further agrees to take all reasonable precautions to prevent any unauthorized use, disclosure, dissemination, or publication of Confidential Information, including ensuring that any employees, contractors, or other agents who have access to Confidential Information sign a non-disclosure agreement.
INDEMNIFICATION. Client agrees to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, "Indemnified Party"), against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees and the costs of enforcing any right to indemnification under these Terms, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party related but not limited to: (a) any breach or non-fulfillment of any representation, warranty, or covenant contained in these Terms, or any other agreement contemplated hereby, by the Client; (b) any use or misuse of the Product by the Client or any third party gaining access to the Product through the Client; or (c) any infringement of intellectual property rights arising from the Client's unauthorized use or modification of the Product.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Company, its affiliates, directors, employees or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Product. Under no circumstances will the Company be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Product or the information contained therein beyond the purchase price of the Product. To the maximum extent permitted by applicable law, the Company assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from the Client's access to and use of the Product; (c) unauthorized access to or use of Company's secure servers and/or any and all personal information stored therein; (d) interruption or cessation of transmission to or from the Product; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Product by any third party; (f) errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Product; and/or (g) user content or the defamatory, offensive, or illegal conduct of any third party.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES. Use of the Product, sending emails to Company, and completing online forms constitute electronic communications. Client consents to receiving electronic communications, and Client agrees that all agreements, notices, disclosures, and other communications provided to Client electronically by Company, via email and on the Product, satisfy any legal requirement that such communication be in writing. CLIENT HEREBY AGREES TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF THE TRANSACTIONS INITIATED OR COMPLETED BY COMPANY OR VIA THE PRODUCT. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or others laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
FORCE MAJEURE. If either Party hereto is unable to perform any of its obligations, with the exception of payment, by reason of fire or other casualty, strike, act or order of public authority, global pandemic, administrative order by governmental authority, act of God, or other cause beyond the control of such Party (hereinafter, a “Force Majeure Event”), then such Party shall be excused from such performance during the pendency of such cause. COVID-19 and any related governmental orders or shutdowns are known phenomena and not Force Majeure events. The Party suffering a Force Majeure Event shall give written notice within five (5) days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized.
PRIVACY. Client agrees that all information provided to Company to purchase the Product, including, but not limited to, through the use of any interactive features on the Company’s website, is governed by Company’s Privacy Policy, and Licensee consents to all actions takenb by Company with respect to Licensee’s information consistent with Company’s Privacy Policy.
WARRANTIES DISCLAIMER. Licensee’s use and resale of the Product is at Licensee’s own risk and is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
EARNINGS DISCLAIMER. While Company may reference certain results, outcomes or situations in connection with the Product, Client understands and acknowledges that Company makes no guarantee as to the accuracy of third-party statements made or the likelihood of success as a result of these statements. Client understands that individual results and outcomes will vary. Company cannot guarantee Client’s success merely by Client’s use of the Product. Any results provided in connection with the Product are not guaranteed or typical.
TECHNOLOGY DISCLAIMER. Company makes reasonable efforts to provide Client with modern, reliable technology. However, in the event of a technological failure, Client accepts and acknowledges Company’s lack of responsibility for said failure. Company cannot guarantee that all information provided in connection with the Product is completely accurate, complete or up to date, and disclaim liability for any such errors or omissions.
WARRANTIES AND REPRESENTATIONS. Parties represent and warrant to each other that each is free to enter into and agree to these Terms and that this engagement does not violate the terms of any agreement between either Party and any third party. The Parties represent and warrant to each other that each is at least 18 years of age at the time of agreement to these Terms.
ASSUMPTION OF RISK. By using the Product, whether paid or unpaid, Client assumes the risk of such access and any subsequent actions that Client chooses to take as a result of the informational or educational materials provided to Client.
WAIVER. The failure by Company to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit Company’s right to enforce such provision at a later time. All waivers by Company must be in writing to be effective.
LIMITATION ON TIME TO FILE CLAIMS. Any cause of action or claim Client may have arising out of or relating to these Terms of Purchase or the Product must be commenced within one (1) year after the cause of action accrues; otherwise such cause of action or claim is permanently barred.
SEVERABILITY. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the rest will remain in full force and effect.
NOTICES. All notices, claims, and demands made upon Company under these Terms must be in writing and addressed to Company at the email address set forth below. A notice by a Party is effective only if the Party giving the Notice has complied with the requirements of this Section.
Notice to Company: The Virtual CEO LLC
Attention: Cristadia Willaims
GOVERNING LAW. These Terms shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law provision or rule.
MEDIATION. In the event a dispute shall arise between the Parties that is related to or arises out of these Terms, the Parties agree to attempt to resolve the dispute through mediation. The mediation will take place in remotely via Zoom. The Parties agree to cooperate with one another in selecting a mediation service, and shall cooperate with the mediation service and with one another in selecting a neutral mediator and in scheduling the mediation proceedings. For a mediation, the parties will agree to use commercially reasonable efforts to begin the mediation within 15 business days of the selection of the mediator and to conclude the mediation with 30 days of the start of the mediation. The costs of the mediation will be equally split between the Parties. If the Parties fail to agree at the completion of the mediation, the requesting part may commence legal proceedings to resolve the dispute.
JURISDICTION AND VENUE. If the Parties cannot resolve any dispute for any reason, including, but not limited to, the failure of either party to agree to enter into mediation or agree to any settlement proposed by the mediator, either party may file suit in a court of competent jurisdiction in the state or federal courts of Michigan and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
Company Information:
THE VIRTUAL CEO, LLC