PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ENGAGING PROGRESSIVE CLICK INC. TRADING AS THE VIRTUAL EDGE FOR CONSULTING, COURSES AND COACHING SERVICES. PURCHASING COURSES, COACHING AND/OR CONSULTING SERVICES INDICATES ACCEPTANCE OF THESE TERMS.
The following are terms of a legal agreement between you and Progressive Click Inc. trading as The Virtual Edge. By purchasing courses, coaching and/or consulting services from Progressive Click Inc. trading as The Virtual Edge or any other property held by Progressive Click Inc. trading as The Virtual Edge, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations.
- INTRODUCTION: Progressive Click Inc. trading as The Virtual Edge, agrees to provide you (Client) with Courses, Business Coaching and/or Consulting Services (defined below), subject to your compliance with the terms and conditions hereafter outlined (Terms and Conditions). Please read these Terms and Conditions carefully. As a Client, you agree to be bound by these Terms and Conditions, both for current and for any additional services for which you may contract with Progressive Click Inc. trading as The Virtual Edge, including all payment terms (collectively, the Agreement). In this Agreement, “you” and “your” refers to the Client. Engaging Progressive Click Inc. trading as The Virtual Edge for Courses, Coaching and/or Consulting Services requires that you have verbally accepted a summary of key provisions of these Terms and Conditions. IF, SUBSEQUENT TO YOUR VERBAL ACCEPTANCE OF THE SUMMARY TERMS AND CONDITIONS, YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOTIFY PROGRESSIVE CLICK INC. TRADING AS THE VIRTUAL EDGE WITHIN FIVE (5) DAYS OF YOUR ORDER AND ALL SERVICES WILL BE CANCELLED WITH NO FURTHER OBLIGATIONS BY EITHER PARTY. NOTE THAT YOU SHALL BE RESPONSIBLE FOR COSTS OF SERVICES PROVIDED BY PROGRESSIVE CLICK INC. TRADING AS THE VIRTUAL EDGE UNTIL SUCH CANCELLATION PROCEDURE IS FOLLOWED. FAILURE TO NOTIFY PROGRESSIVE CLICK INC. TRADING AS THE VIRTUAL EDGE OF CANCELLATION ACCORDING TO THE PROCESS DEFINED ABOVE SHALL BE DEEMED TO INDICATE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AND AGREE TO BE BOUND BY THEM. You agree that any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of the Courses, Coaching and/or Consulting Services, shall be bound by, and shall abide by, these Terms and Conditions. You further agree that you are bound by these Terms and Conditions whether you are acting on your own behalf or on behalf of a third party, including another Client.
- TERM, PAYMENT & MODIFICATION: For recurring coaching, online membership or consulting services – The term of this Agreement shall begin and become effective as of the sign-up date, which coincides with initial payment. The term shall continue as follows unless otherwise mutually agreed upon in writing. This Agreement shall renew at the end of each 30-day period for a successive 30-day term unless either party provides written 30-day notice of its intention not to renew or if both parties agree to enter a new contract term for a determined time period. Any and all “one-time” purchases (Strategy Sessions, Events, In-Person Consulting) shall not be tied to any other services or subject to this agreement, unless otherwise specified by client. Client agrees to pay to Progressive Click Inc. trading as The Virtual Edge all applicable charges to its account in United States dollars, in accordance with the payment terms and conditions and/or payment plan mutually agreed upon, including, if any, all applicable taxes. If any mutually agreed upon payment terms of additional services requested by you are different than the terms set forth in these Terms and Conditions, the payment terms for the additional services shall apply to those services. Client agrees that any setup fee (or similar one time payment depending on the Advertising Service selected by Client) is non-refundable as it is applied to costs immediately incurred by Progressive Click Inc. trading as The Virtual Edge in initiating services. Client understands and agrees that the Courses, Coaching, Online Membership and/or Consulting Services are billed one month in advance. In addition, if Client has elected to pay Progressive Click Inc. trading as The Virtual Edge by credit card, Client agrees to authorize Progressive Click Inc. trading as The Virtual Edge to charge its credit card in advance for such payments and for any amounts owed under this Agreement. In the event collection proves necessary, the Client agrees to pay all fees (including all attorneys’ fees and court costs) incurred by that process. You understand that Progressive Click Inc. trading as The Virtual Edge may modify its standard terms and conditions and service offerings from time to time and that Progressive Click Inc. trading as The Virtual Edge reserves the right to adjust the pricing of such services. Following the fulfillment of initial contract terms, Clients in month-to-month contracts may be subject to revised terms and conditions and/or pricing.
- METHOD OF PAYMENT: The Client must set up direct withdrawal from a valid, sufficiently funded bank account, provide a valid credit card with sufficient credit, or maintain a deposit with Progressive Click Inc. trading as The Virtual Edge that Progressive Click Inc. trading as The Virtual Edge can bill for all contracted Services.
- You hereby authorize Progressive Click Inc. trading as The Virtual Edge to collect the Program cost through successive monthly payments with the first payment being due on the date of enrollment in the Program and all subsequent payments being due 30 days after the previous payment.
- Payments are due in full on the due date.
- If payment fails, the Client must remedy this situation and provide a valid form of payment within five (5) calendar days or Client may be removed from the Program
- Payments may be made via credit or debit card, EFT, or through PayPal and Stripe.
- For all credit or debit card payments:
- You hereby consent to having these charges automatically charged to your credit or debit card on the due date.
- Progressive Click Inc. trading as The Virtual Edge is authorized to collect the payment due (in full) by collecting on any/all credit or debit cards that are provided to Progressive Click Inc. trading as The Virtual Edge by the client.
- The Client may determine which payment method is preferred and the Client is responsible for informing Progressive Click Inc. trading as The Virtual Edge of this preference at least two (2) business days prior to the payment due date since Progressive Click Inc. trading as The Virtual Edge payment system may automatically charge one of the cards on file that may not be the client’s preferred payment method.
- COOLING OFF PERIOD | CANCELLATIONS | REFUNDS:
The products and / or services referenced herein are sold with strictly no refund policy. Any cancellation / refund request must be submitted in writing to connect@thevirtualedge.com within 5 working days of purchase. There is a 5 working day cooling off period from the date of purchase where the client can request a cancellation/refund and thereafter all sales are full and final. However, if the product has been accessed within the 5 working day cooling off period, Progressive Click Inc. trading as The Virtual Edge reserves the right to cancel the cooling off period, and the client will no longer be eligible for a refund. Should a refund request be successful, a refund of the purchase price will be paid to the client via the same payment method used to purchase the product less 10% administration and card fees. Should a refund request fall outside of the 5 working day cooling off period, the client will not be eligible for a refund. In addition to, and for the avoidance of doubt, Progressive Click Inc. trading as The Virtual Edge shall not refund any sums to the client as a result of late arrival to, non-attendance of, or withdrawal from the product and/or services for any reason whatsoever. - CHARGEBACKS AND DISPUTES: This transaction is non-refundable. In the event of any legal disputes, all parties agree to arbitration. All fraudulent chargebacks will be prosecuted to the full extent of the law.
- REFUNDS FOR PHYSICAL PRODUCTS: Any orders of physical products must be returned within 30 days (in original condition) to be eligible for a refund.
- SERVICES PROVIDED: Courses, Coaching and/or Consulting Services are the process by which Progressive Click Inc. trading as The Virtual Edge will help you grow your business via proprietary systems, frameworks and advice. Though Progressive Click Inc. trading as The Virtual Edge cannot guarantee specific results, we proactively seek to provide high quality advice and systems that maximize the Client’s return on advertising spending.
- OWNERSHIP OF NON-CLIENT PROPERTY: Title and full ownership rights in and to the Courses, Coaching and Consulting frameworks, strategies and systems, together with any and all ideas, concepts, computer programs, and other technology supporting or otherwise relating to Progressive Click Inc. trading as The Virtual Edge’s operation of the Progressive Click Inc. trading as The Virtual Edge network and website(s) (collectively, the “Progressive Click Inc. trading as The Virtual Edge Materials”), shall remain at all times solely with Progressive Click Inc. trading as The Virtual Edge and/or with the respective outsourced service provider or author. The Client acknowledges that it has not acquired any ownership interest in the Progressive Click Inc. trading as The Virtual Edge Materials and will not acquire any ownership interest in the Progressive Click Inc. trading as The Virtual Edge Materials by reason of this Agreement.
- YOUR SITE: You hereby acknowledge that Progressive Click Inc. trading as The Virtual Edge is not responsible for the maintenance of your website(s); nor is Progressive Click Inc. trading as The Virtual Edge responsible for order entry, payment processing, shipping, cancellations, returns or customer service concerning orders placed on your website(s). You further acknowledge that your site does not contain any Progressive Click Inc. trading as The Virtual Edge owned or licensed content, including but not limited to any Progressive Click Inc. trading as The Virtual Edge search listings, except pursuant to a separate signed affiliate agreement with Progressive Click Inc. trading as The Virtual Edge.
- CLIENT REPRESENTATIONS AND WARRANTIES: The Client represents and warrants to Progressive Click Inc. trading as The Virtual Edge that for the term of this Agreement, this Agreement constitutes a valid, binding, and enforceable agreement in accordance with its terms; the Client is the authorized owner or representative of the website(s) for which Coaching and Consulting Services will be performed; and the Client’s website will not violate any applicable law or regulation; does not infringe upon in any manner any third party rights, including but without limitation to copyright, patent, trademark, trade secret, or other intellectual property right or right of privacy or publicity; is not false or misleading; has not and will not result in any consumer fraud, product liability, breach of contract, injury, damage, or harm of any kind to any person or entity; is not defamatory, libelous, slanderous, or threatening; is free of viruses; does not contain, promote, or offer any form of spyware, adware, or other advertising or information collection software; and/or does not contain, link to or promote any of the following: violence, hate crimes (whether racial or otherwise), illegal activities, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- CLIENT COVENANTS: The Client further agrees to perform as follows:
- Client will not hold Progressive Click Inc. trading as The Virtual Edge or its affiliates liable or responsible for the activities of visitors who come to the Client’s website(s) through Coaching and Consulting Services.
- If the Client sells or promotes adult materials, alcohol or tobacco products, or other age restricted products and/or services, the Client will: (i) have age verification on its sites’ home page and in the sales process in compliance with all applicable laws and regulations; and (ii) shall not offer such products and/or services in jurisdictions in which they are prohibited or are in any way restricted.
- CLIENT INDEMNIFICATION OBLIGATIONS: The Client agrees to indemnify, defend, and hold harmless Progressive Click Inc. trading as The Virtual Edge, its distribution partners, its licensors and licensees, and affiliated companies, and any of their officers, directors, employees, representatives and agents, from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims, suits, or proceedings (collectively being referred to herein as a “Claim”) for, including without limitation, libel, violation of right of privacy or publicity, copyright infringement, trademark infringement, or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability, or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with Coaching and Consulting Services performed on behalf of the Client, the Client’s website(s) or contents therein, the Client’s conduct, acts or omissions, or any alleged or proven breach by the Client of any term, condition, agreement, representation, or warranty herein, excluding any claim that arises solely from the acts or omissions of Progressive Click Inc. trading as The Virtual Edge or its agents or employees. Progressive Click Inc. trading as The Virtual Edge will notify the Client of any claim, action, or demand for which indemnity is required in the reasonable opinion of Progressive Click Inc. trading as The Virtual Edge and will cooperate reasonably with the Client at the Client’s expense. At the election of Progressive Click Inc. trading as The Virtual Edge, Client shall advance to Progressive Click Inc. trading as The Virtual Edge amounts in satisfaction of such claim, which Progressive Click Inc. trading as The Virtual Edge may hold in escrow pending resolution of such claim. The law firm the Client chooses to defend Progressive Click Inc. trading as The Virtual Edge must be experienced in defending similar claims and will be subject to Progressive Click Inc. trading as The Virtual Edge approval, which will not be unreasonably withheld. The Client may not settle any lawsuit or matter relating to the culpability or liability of Progressive Click Inc. trading as The Virtual Edge without the prior written consent of Progressive Click Inc. trading as The Virtual Edge. Progressive Click Inc. trading as The Virtual Edge will have the right to participate in any defense of a claim and/or to be represented by counsel of its own choosing at its own expense. Without limiting any rights and remedies hereunder or under applicable law, Progressive Click Inc. trading as The Virtual Edge shall have the right to set off any liability of the Client to Progressive Click Inc. trading as The Virtual Edge with respect to a Claim against any amounts held on deposit with Progressive Click Inc. trading as The Virtual Edge by the Client.
- LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER: Progressive Click Inc. trading as The Virtual Edge makes no representations or warranties relating to the results of Courses, Coaching and Consulting Services, including, without limitation, the number of impressions or click-throughs and any promotional effect or return on investment thereof. As Progressive Click Inc. trading as The Virtual Edge relies on third parties for certain data, Progressive Click Inc. trading as The Virtual Edge makes no guarantees regarding the accuracy, reliability, or completeness of any usage statistics. In no event shall Progressive Click Inc. trading as The Virtual Edge be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption of any kind or work slowdown.
- SUCCESSORS AND ASSIGNS: Subject to the limitations set forth herein on assignment of this Agreement or the rights hereunder by the Client, all of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns.
- CHOICE OF LAW; EXCLUSIVE VENUE: This Agreement shall be construed in accordance with the laws of the state of North Carolina, and the parties agree that should any dispute arise concerning this Agreement, venue shall be laid exclusively in a court of competent jurisdiction in North Carolina.
- HEADINGS: Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
- WAIVER: Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver. No waiver of any breach or default of this Agreement by either party hereto shall be considered to be a waiver of any other breach of default of this Agreement.
- ENTIRE UNDERSTANDING: This document and any exhibit, schedule, or other supplementary document attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
- ATTORNEYS’ FEES: In the event a dispute arises between the parties hereto, then the prevailing party in such dispute, whether or not a final decision is ultimately rendered by the court, shall be entitled to receive its attorneys’ fees reimbursed from the non-prevailing party.
- NO THIRD PARTY BENEFICIARIES: The covenants, undertakings, and agreements set forth in this Agreement are solely for the benefit of and enforceable by the parties or their respective successors or permitted assigns.
- SURVIVAL: The sections of this Agreement that address or govern matters or circumstances that could occur after termination of this Agreement shall be interpreted to survive any such termination.
- EXECUTION: This agreement is executable upon successful payment from the Client. By purchasing coaching and/or consulting services from Progressive Click Inc. trading as The Virtual Edge or any other property held by Progressive Click Inc. trading as The Virtual Edge, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations.
- DISCLOSURE: Progressive Click t/a The Virtual Edge provides private training. Client performance depends upon the Client skills, time availability, and dedication of each Client in the training Program. Testimonials shared are not typical. Any results shared are not a guarantee of performance but are merely examples of Clients who have implemented Progressive Click t/a The Virtual Edge’s strategies and trainings. Because your background, education, and experience are different your results will vary. Unique experiences and past performances do not guarantee future results. Progressive Click t/a The Virtual Edge and its owners, employees, contractors, and affiliates do not give financial advice and are not licensed by or registered with any federal or state agency AND ARE NOT RESPONSIBLE FOR YOUR SUCCESS OR ACTIONS.