Virtual Vivian Online Business Coach

Terms of Use and Online Course User Agreement

Terms of Use

The following Terms of Use are entered into by and between You and Virtual Vivian Inc (“Company”, “we”, or “us”).

The following terms and conditions, together with any documents they expressly incorporate by reference (“Terms of Use”), govern your access to and use of virtualvivian.com and virtualvivian.thinkific.com (Virtual Freelancer Academy), including any content, functionality and services offered on or through virtualvivian.com and virtualvivian.thinkific.com (the “Website”), whether as a guest or a registered user.

All content on the Website is protected by copyright, trademark and other applicable laws, and are the property of the Virtual Vivian Inc unless otherwise noted.

This website and its contents are protected by the copyright laws of Canada and international treaties to which Canada is a signatory. Except as otherwise provided for under copyright law, this website and its content may not be copied, published, distributed, downloaded or otherwise stored in a retrieval system, transmitted or converted, in any form or by any means, electronic or otherwise, without the prior written permission of the copyright owner.

Disclaimer

The information on this Website is provided as general information and is not advice.

Website Legal Disclaimer

The information on this Website operated by Virtual Vivian Inc is for general information and education on only.

By visiting this Website, you have not retained Virtual Vivian Inc to give professional advice and the information on the Website should not be considered a substitute for professional advice.

Virtual Vivian Inc makes no warranty as to the accuracy, validity, timeliness or completeness of any information on this Website or any Website that can be accessed through this Website.

Virtual Vivian Inc assumes no liability for any damages whatsoever, including, without limitation, indirect, special, consequential, punitive or incidental damages of any kind, whether brought in contract or tort, arising out of or in connection with this Website, the inability to use this Website or the use, reliance upon, or performance of any material contained in or accessed from this Website, or any linked Website, even if we are expressly advised of the possibility of such damages.

By using this Website, you agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for use or download from this Website. You agree to use judgment and conduct due diligence before taking any action or implementing any action or program suggested or recommended on this Website.

Virtual Vivian Inc not responsible for any errors or omissions, or for the results obtained from the use of any information on this Website.

Virtual Vivian Inc h is an affiliate of Online Legal Essentials Inc in exchange for endorsing their products or services. Access to any third-party website from this Website does not constitute an affiliation with or endorsement of such sites or their operators.

Virtual Vivian Inc had made every effort to produce and represent the content and programs described on this Website. There is, however, no guarantee that you will earn any money or save money using the techniques and ideas. If revenue or sales figures are presented on our Website and our other social media or email channels, we are showcasing exceptional results, which do not reflect the average experience. You should not rely on any revenue, sales, or earnings information we present as any kind of promise, guarantee, or expectation of any level of success or earnings. Subject to our Refund Policy, we provide content without any express or implied warranties. By continuing to use our Website and content, you agree that we are not responsible for any decision you may make regarding any information presented or as a result of purchasing any of our products or services. Any claims made of actual earnings or examples of actual results can be verified upon request.

Any testimonials presented on this Website from past clients or customers of our products and services are actual and truthful statements. By using this Website, you specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Website.

Information on this Website may be changed or updated at any time without notice.

Privacy

We respect your privacy and follow the principles of PIPEDA in the collection of Personal Information from you on our Website. Please see our full text of our Privacy Policy here.

Email And Other Electronic Communications

Visiting the Website or sending emails to the Company 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 Website, satisfy any legal requirement that such communications be in writing.

We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

User Communication

The Website may contain chat areas, news groups, forums, communities, comment sections or other message or communication facilities designed to enable you to communicate with the public at large or with a group.

You agree that when using features of the Website that allow for communication by you, that you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.

You agree not to publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, or upload files unless you own or control the rights thereto or have received all necessary consents.

You agree not to advertise or offer to sell or buy any goods or services for any business purpose, or harvest or otherwise collect information about others, including e-mail addresses, without their consent or violate any applicable laws or regulations.

The Company has no obligation to monitor the user communications but reserves the right to review materials posted to the Website and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the user communication services at any time without notice for any reason whatsoever and to disclose any information as necessary to satisfy any applicable laws.

Cancellation and Refund Policies

Due to the digital nature of our product, there will be no refunds of any kind for any and all digital products or products/services offered by Virtual Vivian Inc. All sales of this type are complete and final. If you have committed to a payment plan, you are responsible for full payment of the fees.

Changes To the Terms Of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Jurisdiction

This agreement between you, the user, and Virtual Vivian Inc, shall be governed by, and interpreted in accordance with, the laws of the province of Alberta and the laws of Canada applicable therein. You hereby consent and submit to the exclusive jurisdiction of the courts of the province of Alberta in any proceeding related to this agreement.

Contact Information

We welcome your questions about the Terms of Use and Online Course User Agreement. You can contact us here:

Online Course User Agreement

Terms and Conditions – Virtual Vivian Inc (the “Provider”) agrees to provide you with access to Virtual Freelancer Academy, Virtual Freelancer Academy Bundle, Virtual Assistant Professional Bootcamp, Six Figure Online Course, Six Figure Online Course Bundle, and/or Grow & Sell (the “Program”) upon the following terms and conditions. By registering for the Program, you (the “Participant” or “You”) agree to be bound by and to abide by the following terms and conditions.

Effective Date - This Agreement shall start upon registration by the Participant in the Program and shall be enforceable between the parties starting on that registration date.

Program – The Provider agrees to provide access to all of the Program features as described in the specific Program sales page on the Effective Date. These Program features may include lessons, forms, worksheets, checklists, ongoing live training sessions, and private discussion groups. The Provider may also introduce discounts or bonuses to Participants upon the purchase of other products or services.

Limited License – By purchasing the Program, the Participant is granted a single-use, non-exclusive, non-transferable, revocable license to access, view and use the Program. The Participant is granted the right to download, store and print single copies of items comprising the Program. All ownership rights in the intellectual property related to the Program remain with the Provider and the Participant may not use or reproduce any of the content in any manner, without the express written consent of the Provider. Any violation of the copyright or trademark rights of the Provider shall result in immediate termination of access to the Program without refund.

Copyright - The material in the Program is covered by the provisions of the Copyright Act (Canada) and by other applicable laws, policies, regulations and international agreements that address intellectual property rights. Except as granted in the limited license, any use of the Program, including modification, transmission, presentation, distribution, republication, or other exploitation of the Program or of its content, whether in whole or in part, is prohibited without the prior written consent of the Provider.

Program Registration – The Participant agrees to provide true, accurate, current and complete information as prompted by any registration form and to maintain and promptly update the information to ensure it remains true, accurate, current and complete. The Participant is responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Website, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Provider have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Provider may suspend or terminate Program access without refund. The Provider reserves the right in its sole discretion, to terminate access of the Participant to the Program and the related services or any portion thereof at any time, if the Participant becomes disruptive to the Program or other Program participants, fails to follow the Program guidelines. In the event of a termination of the Program, the Participant shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

Fees – The fees for online courses and any membership programs shall be as set out in the Program website and offers from time to time. Prices may be subject to change. The fees charged by the Provider shall be subject to all applicable taxes as required by the taxing authorities in the jurisdiction of Provider.

Refunds – Due to the digital nature of our product, there will be no refunds of any kind for any and all digital products or products/services including the Program. All sales of this type are complete and final. If you have committed to a payment plan, you are responsible for full payment of the fees.

Passwords - Any passwords and user IDs used for the Program are for the Participant’s individual use only. The Participant is responsible for the security of their password and user ID (if any), and is responsible for all activities that occur under their user ID and password. The Participant agrees to notify the Provider immediately of any unauthorized use of their password or account or any other breach of security. The Provider will be entitled to monitor passwords and user IDs and, at its discretion, require Providers to change passwords. The Participant further agrees that the Provider will not be responsible for the unauthorized use of a Participant profile by any other person and is under no obligation to confirm the actual identity of any password or user ID. The Provider cannot and will not be liable for any loss or damage arising from a Participant’s failure to comply with these provisions.

Credit Card Authorization – By purchasing a Program with a payment plan or recurring membership fees, the Participant hereby authorizes the Provider to charge their credit card or other payment card automatically for any ongoing membership fees or payments owing as determined by the provisions of this Agreement.

Privacy – The Provider agrees to protect all personal information collected from the Participant for the purpose of providing the Program in accordance with applicable privacy legislation in the Province of Alberta and if applicable, the jurisdiction of the Participant. The Participant agrees to the collection of use of the personal information in accordance with the Privacy Policy of the Provider for the purpose of delivering and administering the Program. The full privacy policy of the Provider is available here. In addition to receiving applicable Program correspondence via e-mail or other electronic communication, the Participant expressly consents to receive any marketing correspondence from the Provider upon registration in the Program. The Participant may unsubscribe from any such marketing lists without affecting access to the Program.

Legal Disclaimer – Not Professional Advice – The Provider provides the information contained in the Program to the Participant for informational and educational purposes only. The information contained in the Program, including any interactions with instructors or coaches, and participation in any social media groups or chats, and shall not be understood or construed as professional advice. The Participant shall be required to use their own judgment in applying the information provided in the Program to their own personal circumstances and may wish to get additional professional advice where appropriate.

Legal Disclaimer – Technology – The Provider shall not be liable for any losses or damages of any kind related to any websites, course hosting platforms or any other technology used in the delivery of the Program being unavailable or unusable for any reason whatsoever. The Participant hereby agrees that they have the necessary Internet connection and other technology in order to participate fully in the Program.

LIMITATION OF LIABILITY. Subject to applicable law, in no event shall the Provider and its partners, employees, consultants, agents or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data or lost profits arising from your use of, reliance upon, or inability to use the Program, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Provider knew of or ought to have known of the possibility of such damages.

DISCLAIMER OF WARRANTIES. The Program is provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. The Provider expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Program, to the fullest extent permissible under applicable law. While the Provider endeavours to provide content that is correct, accurate and timely, no representations or warranties are made regarding the Program including, without limitation, the Providers provide no representation or warranty that (i) the Program will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the course hosting platform will be uninterrupted or error-free, (iii) that defects or errors in the Program will be corrected, (iv) that the course hosting platform will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the course hosting platform will be secure and/or not intercepted. You acknowledge and agree that you are using the Program at your own risk and liability.

RELEASE AND INDEMNITY. The Participant hereby agrees to release the Provider and their partners, employees, consultants, agents and licensors from, and in no event shall any or all of the Providers and their partners, employees, consultants, agents or licensors be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever arising from your use of the Program (including any breach by you thereof), or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Program. The Participant will indemnify and hold harmless the Provider and its partners, employees, consultants, agents or licensors from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Program or otherwise relating to this Agreement (including any breach by you thereof). The Participant will also indemnify and hold harmless the Provider and their partners, employees, consultants, agents or licensors from and against any claims brought by third parties arising out of your use of the Program or its content.

Governing Law and Jurisdiction. The Program is operated by the Provider within the Province of Alberta, Canada. By accessing or using the Program, the Participant agrees that all matters relating to your access to, or use of the Program and its content shall be governed by the laws of the Province of Alberta, and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The Participant agrees and hereby submits and attorns to the exclusive jurisdiction of the courts of the Province of Alberta, with respect to all matters relating to their access to and use of the Program.

Customer Service Requests – If you have questions or comments or need to provide notice of any kind to the Provider, please e-mail us at hello@virtualvivian.com.

Entire Agreement - This is the entire agreement between the Participant and the Provider relating to your access and use of the Program and the content therein.

Contact Information: hello@virtualvivian.com

Effective Date of Policy: July 1, 2022