Terms and Conditions - Website Usage, Self-Guided Courses, and Digital and Downloadable Products
Effective Date: January 1, 2023
Welcome to our website. By using or browsing our website, you agree to comply with and be bound by our terms and conditions of use, which together with our privacy policy govern vmleader.com’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘vmleader.com’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is:
1500 N Grant St., Suite R,
Denver, CO 80203
support@vmleader.com
The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
The owner of this website Vertical Motion LLC and its directors, partners, agents, and employees assume no responsibility or liability for any consequences resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this website.
The intention of the information we share and post on the website is for informational and promotional purposes only. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
The Privacy Policy outlines how we may collect, use, and share information about you when using our website, together with products and services we offer from time to time on our website and social media pages, including, but not limited to, blog posts, Instagram, YouTube, TikTok, Facebook, LinkedIn, and Podcast. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website uses cookies and pixel tags to collect information about the usage of our website. This information is used to help us personalize your experience on our website and does not contain personally identifiable information. If you want to delete any cookies that are already on your computer, please refer to the instructions for your file management software to locate the file or directory that stores cookies.
This site is not a part of the Google, Meta or Facebook website. Additionally, this site is not endorsed by Google, Meta or Facebook in any way.
We reserve the right to amend these Terms and Conditions at any time without your prior consent. Any amendment to these Terms and Conditions, from time to time, shall be effective as of the earlier of the date of posting of the amendment on Vertical Motion LLC’s website www.vmleader.com or upon the delivery of actual notice to you.
These Terms and Conditions are legally enforceable. Please read all the terms carefully.
Vertical Motion LLC provides a list of Self-Guided Courses, Training Programs and Digital and Downloadable Products (collectively, “Digital Product”, “Digital Products”) that offers you the opportunity to invest in yourself and your personal development with our materials, our practice, and access to pre-recorded training sessions.
The following Terms and Conditions govern the Agreement between any Digital Product client (“You“) and Vertical Motion LLC, its successors, assignees, transferees, subsidiaries, parent and associate corporations, affiliates, principals, administrators, directors, officers, board members, agents, employees, contractors, instructors, training coaches and insurers (individually or collectively known as “The Company“), with a registered office at 1500 N Grant St., Suite R, Denver, CO 80203 hereto and entered into this agreement as of the date of your purchase (“Effective Date“) of the Digital Product. By clicking a button or checking a box marked “I agree” (or something similar), You signify that You have read, understood, and agreed to be bound by this Agreement and to the collection and use of your information as set forth in our privacy policy (the “Privacy Policy“, collectively with this Agreement, the “Terms“). You and The Company are each referred to as a “Party” and collectively as the “Parties.”
The term “Digital Product” used in this Agreement refers to the then-current services, course contents and benefits that we may provide to You as part of the Digital Product you purchased. The Digital Product may include online education and training from Tom Cox and members of the Vertical Motion Team; opportunities to learn from Vertical Motion through virtual events or webinars; access to online groups and communities; exclusive Digital Product bonus materials, or other opportunities. You acknowledge, agree, and accept that The Company may at any time add, remove, amend, or replace any of the services and benefits made available to You as part of the Digital Product you purchased, and you agree and accept that such addition, removal, amendment, or replacement will not nullify the legal effect of this Agreement.
You acknowledge, agree, and accept that in addition to this Agreement, The Company may set specific terms and conditions, standard operating policies and procedures, community participation guidelines and program graduation or completion requirements that would govern the delivery of the Digital Product you purchased. Such terms are incorporated into this Agreement by reference, and you agree to be bound and adhered by such terms and conditions to the extent that you wish to receive the Digital Product you purchased.
1. Payment Terms
You authorize The Company to process the credit card information you have provided to The Company, in the amount set forth on the Agreement for the Digital Product on the checkout page or direct invoice(s) from The Company payment system or accounting system.
Should wire transfer payment method be used for remitting the Digital Product fee, the transfer must be remitted to The Company prior to granting access to the Digital Product contents.
2. Refunds and Cancellations
By accepting this Agreement, You acknowledge that You have thoroughly and carefully considered the cost and the value of purchasing the Digital Products prior to making this commitment to invest.
Due to the nature of our Digital Products and services, which includes digital contents and documents, tools, streaming videos, online training portal membership and subscriptions, potential virtual events, and students’ community interactions platforms, and other unless otherwise stated:
We do not offer you the ability to cancel any purchases that you have made of the goods, services, and digital products offered on our Website. We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will not provide you with any notice prior to cancelling your purchase. We will issue a partial refund of the purchase price that you paid if we cancel your purchase. In the event of default, dispute or delinquent payment, The Company has the right to terminate Your Digital Product access without notice and without liability to You. See Section 5 regarding Termination for more details.
Refund policy
We offer refunds on purchases made of the goods, services, and digital products offered on our Website. To qualify for a refund, you must submit your request to us within 365 days of your purchase date by contacting us at support@vmleader.com. We offer refunds on any purchases made of the goods, services, and digital products offered on our Website for any reason. You are not required to ship your purchased goods back to us to receive a refund. If you are enrolled in our Executive Career Accelerator Program, you will sign a contract and the contract terms will be in effect.
You agree and acknowledge that requesting a refund or cancellation of Your Digital Product may waive Your eligibility to enroll in other Digital Products offered by The Company in the future. ALL “Refund” and “Cancellation” requests will only be reviewed by submitting a formal cancellation request in writing via email to submit an email to support@vmleader.com.
For all return, refund, or support inquiries, please contact:
support@vmleader.com
3. Commitment to the Program
By entering into this Agreement, You commit and agree to faithfully execute all of the lessons, assignments, and course work in the Digital Product to the best of Your ability. You further agree to attend all scheduled virtual events or seminars, and live training sessions included as part of the Digital Product. You also acknowledge that creating results requires tremendous effort and that You are prepared and committed to faithfully make that effort.
4. Disclaimer of Results and Success Stories - Limited Liability
All Client / Member Success Stories presented on our website, sales pages, and checkout pages are authentic testimonials from actual clients, provided in their own words and images or videos. These testimonials reflect individual experiences and are not intended as a promise or guarantee of your own results. The outcomes described are the result of each client’s personal effort, discipline, and commitment to the Digital Product.
The Company offers NO GUARANTEE that you will achieve any specific results from enrollment in or use of the Digital Product. Individual results will vary and depend on numerous factors, including, but not limited to, your own drive, dedication, and motivation.
Inclusion of any Success Stories on our website is for illustrative purposes only and does not constitute a guarantee, warranty, or predication of Your own success. While we do everything within our means to support your progress, your success depends on your own actions and responsibility.
The Company is not liable for any actions you take or do not take based on the information, advice, or insights provided in the Digital Product. Furthermore, the Company makes no guarantees whatsoever regarding any outcomes based on any action or inaction relating to your personal life, potential income, professional relationships or career growth as a result of your participation in or reliance on the materials and mentorship provided through the Digital Product.
This disclaimer is provided to ensure compliance with Google’s requirements for fairness and transparency and does not override your statutory rights regarding refunds for defective, undelivered, or misrepresented products.
5. Termination
The Company reserves the right to, at its sole discretion, without notice and without liability by The Company to You to terminate Your Digital Product registration, disbanding Your access to community, the training portal, membership, and course materials with no refund, if You violate the Terms of this Agreement or if You default, dispute or delinquent with Your payment when due.
In the event of termination, You are no longer authorized to access the Digital Product content, community, or coaches, and the restrictions imposed on you with respect to the content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms and Conditions shall survive termination.
6. Confidentiality
During the delivery of Digital Product, You may have had or shall have access to information and materials (in whatever form and howsoever communicated) that are confidential or proprietary to The Company or its subsidiaries and affiliates of the Program (collectively, the “Confidential Information”).
Unless specifically and expressly authorized by the Company, You shall not use, teach, sell, disclose, reveal, provide or make available to any third party any of the Company's Confidential Information, including, but not limited to, The Company Digital Product contents, course materials (whether in electronic form or made available to You in private social media groups, or otherwise), call recordings from coaching sessions or live training sessions, course documentation, teaching techniques, data, formulas, methods presented, processes, other education and Coaching Program materials, intellectual property, or any login member credentials.
7. Intellectual Property
The Company retains all rights, title, and interest in any and all intellectual property related to or associated with the Digital Product. This includes without limitation to: (a) trademarks and copyrights; and (b) any other proprietary right arising under the laws of the United States or other countries if applicable. You understand and agree that neither the Agreement nor the provision of Digital Product by The Company shall constitute a transfer, assignment, or license of any intellectual property rights from or by The Company. You acknowledge the content of the Digital Product services including without limitation the materials and information provided to You as education, is confidential and proprietary to The Company. You agree that You shall not communicate or make available the teachings, materials or information acquired or learned from The Company to any other person. Violation will result in the immediate removal from the Digital Product.
8. Contacts
By accepting the Agreement and providing Your credit card information, you agree that The Company may call, email, and text message You regarding Your account information and regarding other offers, products and services.
9. Testimonials, Reviews, and Pictures or Video
The Company is pleased to hear from users and clients and welcomes your comments regarding our services and products. The Company may use testimonials and/or product reviews in whole or in part together with the name, job title, and company of the person submitting it. Testimonials may be used for any form of activity relating to The Company’s services or products, in printed and online media, as The Company determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and clients submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products. Testimonials, photographs, and other information that you provide to The Company will be treated as non-confidential and nonproprietary, and, by providing them, you grant The Company a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.
The Company reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. The Company shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
10. Indemnity
You hereby agree to protect, defend, indemnify, and hold harmless The Company, its officers, directors, employees, their invitees, shareholders representatives, agents, instructors, and training coaches (in this Section 9, each, an “Indemnified Party” and collectively, the “Indemnified Parties”) from and against any and all losses, claims, damages, liabilities, actions demands and expenses (including any and all legal fees and other expenses incurred in investigating or defending against any claim, action, lawsuit, demand, administrative proceeding or investigation, whether commenced or threatened) (collectively, the “Losses”) to which an Indemnified Party may become subject in so far as such Losses arise out of Your receipt for the Digital Product, action taken in response thereto, or are based upon any breach of a representation, warranty, covenant or your obligation contained in this Agreement; provided that such indemnity shall not be available to an Indemnified Party in respect of Losses resulting from the Indemnified Party’s fraud, willful misconduct or gross negligence. The provisions of this Section 9 shall survive any termination of this Agreement and shall continue in full force and effect for (3) years thereafter. In addition, your indemnity obligation includes but is not limited to any claim for personal injury sustained while traveling to or attending any in-person seminar or other training provided by The Company to You.
11. Limitation of Liability
YOU AGREE THAT IN NO EVENT SHALL THE COMPANY’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY AS PER COURSE FEES GIVING RISE TO ANY CLAIM BY YOU, YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
12. Force Majeure
Except for the duty to make payments hereunder when due, and the indemnification provisions under this Agreement neither Party shall be responsible to the other for any delay, damage or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: Any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strike, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment or necessary labor in the open market, acute and unusual labor, material or equipment shortages or any other causes(except financial) beyond the control of either Party.
13. Arbitration
Any claim or grievance of any kind, nature, or description that You have against The Company shall be resolved exclusively in final and binding arbitration before a single arbitrator selected by The Company within a reasonable time of You giving notice of arbitration to The Company. Arbitration shall be held exclusively in Vancouver, British Columbia.
You agree not to file suit against The Company, any of its successors, assignees, transferees, subsidiaries, parent and associate corporations, affiliates, principals, administrators, officers, directors, board members, agents, employees, contractors, instructors, and training coaches, except as otherwise required by law or to enforce your basic consumer rights, including but not limited to your right to seek a refund for defective, undelivered, or misrepresented goods or services as required by applicable consumer protection laws and Google’s requirements.
The dispute will be subject to the rules of arbitration as determined by the Arbitrator. The decision of the Arbitrator will be final and binding on the Parties and may be reduced to a judgment in any court of competent jurisdiction. You agree that each Party shall bear its own costs and attorneys’ fees in any arbitration or litigation, regardless of which Party, if either of them, is deemed the prevailing party.
This agreement to arbitrate survives any termination or expiration of the Agreement. The Company can obtain from any court having jurisdiction a temporary injunction, preliminary injunction, or permanent injunction available to protect The Company's interest prior to, during, or following the filing of any arbitration or other proceeding. Any claim must be brought in arbitration within one (1) year from when the claim arises, except where a longer period is required by applicable law to protect your statutory consumer rights.
14. Governing Law
This Agreement shall be governed, construed, and interpreted in accordance with the laws of the state of British Columbia without regard to any choice of law provisions.
15. Severance
In the event any provision of the Agreement of these Terms and Conditions is inconsistent with or contrary to any applicable law, rule or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule or regulation, and this Agreement and these Terms and Conditions, as so modified, shall continue to be in full force and effect.
16. Non-Transferability
Your Digital Product is a one-to-one registration, and is non-transferable and non-sharable with spouse, partners, other members in your family, same household, and any other related parties. The Agreement cannot be assigned by You to another Party.
The Company reserves the right to amend this Agreement, including the Digital Product benefits, at any time without your prior consent. Any amendment to this Agreement or the Digital Product benefits, from time to time, shall be effective as of the earlier of the date of posting of the amendment on The Company’s website www.vmleader.com or upon the delivery of actual notice to you.