Terms of Use

Last Updated: March 27, 2023

We’re so excited for your Vision To Growth journey. We’re not big fans of legalese, but we are big fans of being open, honest and delivering the best experience for our users! As such, please review these terms and conditions carefully.

THIS IS A LEGALLY BINDING AGREEMENT BETWEEN VISION TO GROWTH, LLC (“VISION TO GROWTH”, “WE”, “US”, AND/OR “OUR”) AND YOU. BY REGISTERING FOR OR USING THE SERVICES (DEFINED BELOW) IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS, HAVE TAKEN THE TIME AND ASSISTANCE NEEDED TO COMPREHEND THE CONSEQUENCES OF ACCEPTING THIS AGREEMENT, AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. DO NOT SIGN UP FOR AN ACCOUNT OR USE THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THIS AGREEMENT.

IN PARTICULAR, PLEASE REVIEW THE ARBITRATION AGREEMENT IN SECTION 13 CAREFULLY, AS IT REQUIRES THE PARTIES (UNLESS YOU VALIDLY OPT OUT OF ARBITRATION, AS PROVIDED BELOW) TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW, THROUGH FINAL AND BINDING ARBITRATION. BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS, INCLUDING SECTION 13.

Vision to Growth and you are hereinafter referred to from time to time, individually as “Party” and collectively as “Parties”.

1. About the Service

• Vision to Growth’s goal is to help founders, executives, leaders and their companies to unlock peak performance while reducing overwork and burnout. We do this in a few ways:
  • Our free community event series “Change Your Soundtrack – 1:1 Founder’s Mental Health Chat” and the online community that goes with it. Anxiety, depression, stress and loneliness are at epidemic levels and we want the community and support so we can thrive under pressure. This complimentary community offering is funded by our foundation, which 1/3 of our company’s profits go to. Our vision for this impact-focused initiative is to:
    • create a secure and inclusive space where investors, founders, executives and other leaders can recharge, reset, and learn ways to unlock peak performance through better mental health
    • explore and test how we can build and grow business in more sustainable and impactful ways that provide a practical and viable alternative to hustle culture and driving growth at all costs
    • support the current and upcoming generation of entrepreneurs to become the conscious leaders that the world needs
  • Executive/leadership coaching, training and development, management consulting, and mental health solutions including offsite experiences and leadership retreats.
• All information and support provided by Vision To Growth is for informational purposes only and is not intended to substitute professional medical advice, diagnoses, or treatment. Always seek advice from your physician or other qualified healthcare providers before undertaking a new health regimen.
• Web and Mobile Services. Vision to Growth may provide some of its services through a platform owned and hosted by Third Party Providers like WordPress, BUDDYBOSS or Liquid Web. When you visit our website, visiontogrowth.com (“the Site”); access our online courses, coaching, consulting and content via the web or via a mobile device, or otherwise interact with us in connection with our related content, features, applications, and other services  (collectively with the Site, “the Services”) you are also bound by the Third Party Provider’s terms of use and privacy policy.

Certain services may be available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device, and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, “Mobile Services”). Not all Mobile Services may work with all carriers or devices.

2. Acceptance

2.1 Representations. You may browse our Site pursuant to these Terms of Use (“Terms”). By clicking a button or checking a box marked “I Agree” (or an equivalent phrase) or by otherwise using or registering for the Services, you accept these Terms as binding and confirm:

• You are of legal age in the jurisdiction in which you reside to form a contract with us;
• You have not been previously suspended or banned from using the Services;
• Your registration and use of the Service is in compliance with any and all applicable laws and regulations; and
• You have the authority to enter into these Terms personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to these Terms.

2.2 Privacy Policy. Our Privacy Policy is hereby incorporated into and forms an integral part of these Terms. Please read this policy carefully as it describes how we handle the personal information we collect from and about you in connection with your use of and access to the Site and Services. Where processing is based on consent and to the extent permitted by law, by entering into these Terms, you consent to Vision to Growth’s collection, use, and disclosure of your personal data as described in the Privacy Policy.

3. Modifications

3.1 Changes to Terms. To the extent allowed by law, we reserve the right, in our sole discretion, to modify these Terms or our Privacy Policy at any time. You should review these Terms and our Privacy Policy regularly. If we make material changes, we will provide you with additional notice, such as posting a statement on our homepage or sending you an email notification, if we have your email address on file. Your continued use of the Services on or after such changes have become effective constitutes acceptance of those changes, to the extent permitted by law. We will not have any liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse is to stop using our Site and Services.

3.2 Changes to Service. Vision to Growth reserves the right to modify or discontinue the Services (or any part thereof) at any time. This may include adding new features, updating existing features, or removing features or functionality from the Services, temporarily or permanently. You agree that we will not have any liability to you for the foregoing actions. If you object to any such changes, your sole recourse is to stop using the Service and cancel your subscription. Continued use of the Services after the date any such changes take effect constitutes your agreement to such changes.

4. Accounts

4.1 Registration. In order to access and use certain features of the Services, including our online courses and content, you are required to complete a registration form and create a an account (“Account”). You agree to provide accurate, current, and complete information about yourself as prompted by any registration forms and to maintain and promptly update such information to keep it accurate, current, and complete. We reserve the right, in our sole discretion, to refuse, suspend, or terminate your access to the Services upon discovery (or reasonable suspicion) that any information you have provided via the Services is not true, accurate, or complete, or otherwise violates these Terms.

4.2 Use. Except as otherwise required by applicable law, you are responsible for all activity that occurs via your Account, whether or not authorized by you. It is your responsibility to maintain the confidentiality of your account and the information in your account.  You may never use another person’s account and you may not provide another person with the username and password (“Account Credentials”) used to access your account. You understand and agree that use of a single account by multiple people to access our Services is prohibited. You must notify both us and the third party provider of any unauthorized use (or suspicion of unauthorized use) of your Account Credentials or your Account, or any other breach of security related to your use of the Services.  We will not be responsible for any liabilities, losses, or damages arising from or related to any unauthorized use of your Account, regardless of whether you have notified us of such unauthorized use.

5. Fees

5.1 Vision to Growth Plans. To access Vision to Growth’s online courses, coaching, consulting, mental health solutions and other content, you must select and purchase a plan that sets the scope, term, and pricing of any Services to be provided (“Vision to Growth Plan(s)”).  You agree that you will pay Vision to Growth the fees specified in the selected Vision to Growth Plan. Except as otherwise specified herein (i) fees are quoted and payable in the United States dollars and (ii) payment obligations are non-cancelable and non-pro-ratable for partial months, and fees paid are non-refundable.

5.2 Payment. To purchase a Vision to Growth Plan, you will be required to provide a third-party payment processor with information such as your name, payment card details, and billing address in order to facilitate payment. You represent and warrant to Vision to Growth that such information is true and that you are authorized to use the payment instrument. You must promptly update such information to account for any changes such as a change in your billing address or credit card expiration date. You hereby authorize Vision to Growth to bill your payment instrument in accordance with the terms of the applicable Vision to Growth Plan and you agree to pay any charges so incurred. We reserve the right to change our prices for any Vision to Growth Plan. If we change our prices, we will provide notice of the change on the site or via email to you, at our option, at least thirty (30) days before the change is to take effect. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount.

5.3 Recurring Plans. If you select a Vision to Growth Plan with an auto-renewal feature (“Recurring Plans”), you authorize Vision to Growth to charge your payment instrument automatically upon the renewal of the Recurring Plan you chose with no further action required by you. A Recurring plan will automatically renew for successive renewal terms equal to the length of the initial term. Price changes for Recurring Plans will take effect at the start of the next renewal period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Plan after the price change takes effect. If you do not agree with the price changes, you may cancel your Recurring Plan before the price change goes into effect.

5.4 Taxes. All amounts payable hereunder are exclusive of any sales, use and other taxes or duties, however designated (collectively “Taxes”). You are responsible for payment of all Taxes, except for those taxes based on Vision to Growth’s income. You may not withhold any taxes from any amounts due to us.

5.4 Disputed Charges. If you dispute any charges, you must let Vision to Growth know within thirty (30) days after the date that Vision to Growth charges you. Once this period has expired, the charge will be deemed to have been accepted in full.

5.5 Cancellation. A Vision to Growth Plan will commence on the date such plan is selected and will continue for the period set forth therein. You may cancel a Vision to Growth Plan (including a Recurring Plan) at any time by contacting us at support@visiontogrowth.com. If you cancel before the end of term for your Vision to Growth Plan (“Term”), we will not refund any fees already paid, however you will continue to have access to the Service through the end of the Term.

5.6  Credits. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our other users (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstances.

6.Acceptable Use

6.1 Acceptable Use. As described above, some of our Services are provided by third party platforms. When accessing or using our Services, you must comply terms set by the third party.

6.2 Suspension or Termination of Access. If we determine (or reasonably believe) that you have breached the third party’s Acceptable Use Policy or (i) are using our Services for any unlawful purpose or deceptive purpose; (ii) pose a threat to us, our third parties, or our other users; (iii) are violating the intellectual property rights of Vision to Growth, or any third party, we reserve the right to suspend or permanently bar you from accessing our Services. We may further notify third parties and/or law enforcement as applicable. Unauthorized or other misuse of the Services may result in criminal and/or civil prosecution under federal state, and local law or applicable regulations. If you become aware of misuse of our Services, please contact us at legal@visiontogrowth.com.

7. Intellectual Property Rights

7.1 Third Party Platform. Intellectual property rights, titles, and interests in and to the third party platform belong exclusively to the third party platform and its licensors. This includes the buttons, badges, logos, widgets, text, images, design, software, documentation, source code, algorithms, graphics, photographs, video and audio files, data and the selection, arrangement, structure, coordination, and “look and feel” thereof as well as the name and logo (“IP”).

7.2 Vision to Growth Content. Intellectual property rights, titles, and interests in and to all online and in-person courses, virtual events, coaching, consulting, mental health experiences and solutions, talks, group/one-to-one guidance and all related materials including text, images, photographs, video and audio files, data and the selection, arrangement, structure, coordination, and “look and feel” thereof as well as the Vision to Growth name and logo belong to Vision to Growth or its licensors (“Services IP”). Unless otherwise expressly authorized herein or by Vision to Growth in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, creative derivative works from, modify, sell, resell, exploit, transfer, or upload the Services IP or any portion thereof.

7.3 License to Services IP. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Services IP solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Vision to Growth and its licensors.

7.4 User Content. With respect to any content or other materials you upload through the Services or share with other users (“User Content”), you represent and warrant that you own all right, title, and interest in and to such content, including, without limitation, all copyrights and rights of publicity contained therein, and the you have all required rights to post or transmit such content or other materials without violating any third party’s rights. You understand and agree that any liability, loss, or damage arising from or relating to any User Content that you post, upload, link to, or otherwise make available via the Service is solely your responsibility. By uploading User Content, you hereby grant Vision to Growth a non-exclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute, store, modify, and otherwise use your User Content in any and all media, form, medium, technology, or distribution methods now known or later developed and for any and all purposes.

7.5 Rights of Publicity. You also grant to us permission to use your name, voice, likeness, and User Content in the promotion of our Services, in the form of testimonials or showcased users of the Service, and other reasonable promotional activities.

7.6 Feedback. From time to time, you may provide us with comments, suggestions, or ideas for enhancements or improvements, including new features, materials, and other content (“Feedback”). Vision to Growth shall have the full, unencumbered right, to use, incorporate, and otherwise fully exercise and exploit any such Feedback, for any purpose, commercial or otherwise, without notice to you or acknowledgement or compensation to you.

7.7 Complaints and Copyright Takedown Requests. If you believe your intellectual property is being violated via our Services, please submit a complaint to legal@visiontogrowth.com.

8. Links to Other Websites and Third-Party Content

We may provide links to third-party websites, services, and applications that are not operated or controlled by Vision to Growth. These Terms do not apply the practices of those third parties. The fact that we link to a website, service, or application is not an endorsement, authorization, or representation of our affiliation with that third party. We encourage you to review the terms of use and privacy policies of any third-party service before using such service or providing any personal information to or through them.

9. Consent to Receive Communications in Electronic Form

For all notices and communications relating to these Terms, you (i) consent to receive communications from us in electronic form via the email you have submitted or via the third party platform; and (ii) agree that these Terms (including all updates thereto), agreements, notices, disclosures, and other communications that we may provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address third party platform to send you other messages, including to (i) respond to your requests, inquiries, comments, and suggestions; and (ii) to communicate with you about products, services, offers, promotions, and events we offer and provide news and information we think will be of interest to you. You can opt out of receiving our promotional communications at any time by following the instructions included in those communications or by contacting us at privacy@visiontogrowth.com.

10. Warranty Disclaimer

10.1 Disclaimer with Respect to Third Party Platforms. As described above, our Services may be provided via third party platforms. All warranties relating to that platform are governed by the third parties their disclaimers.

10.2 Disclaimer with Respect to Vision to Growth Services. THE SERVICES, INCLUDING WITHOUT LIMITATION ALL SERVICE IP MADE AVAILABLE VIA THE SITE OR THIRD PARTY PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE”.  WHILE REASONABLE EFFORTS HAVE BEEN MADE TO ENSURE SUCH MATERIALS ARE ACCURATE AND RELIABLE WHEN POSTED, THE MATERIALS MIGHT NOT BE ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE. ALL CONTENT IS PROVIDED FOR INFORMATION PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL TERMS, CONDITIONS, GUARANTIES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE), IN RESPECT OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE OR MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO GUARANTEE THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. VISION TO GROWTH SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND VISION TO GROWTH’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.

11. Indemnification

You agree to release, indemnify, and hold harmless Vision to Growth against all losses, damages, expenses (including reasonable attorney’s fees, rights, claims, actions of any kind and injury (including death) made or brought against us by a third party arising out of (i) your breach of these Terms; (ii) your violation of applicable laws; (iii) your violation of the rights of any third party, including intellectual property rights; and (ii) your negligence or willful misconduct.

12. Limitation of Liability

Limitations with Respect to Vision to Growth Services. VISION TO GROWTH ASSUMES NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH (I) CONTENT POSTED BY ANY USER OR OTHER THIRD PARTY, (II) ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICES INTEGRATED IN, LINKED TO, OR OTHERWISE ACCESSIBLE THROUGH THE SERVICES, OR (III) THE QUALITY OR CONDUCT OF ANY THIRD PARTY OR OTHER USER YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, VISION TO GROWTH WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT VISION TO GROWTH SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HAR, OR LOSS OF DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PROVIDED BY LAW.

13. BINDING ARBITRATION: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS

13.1 Agreement to Binding Arbitration Between You and Vision to Growth.  Except as expressly provided below in Section 13.2, you and Vision to Growth agree that any dispute, claim or controversy in any way arising out of or relating to (i) these Terms and prior versions of these Terms, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; (ii) your access to or use of the Services at any time; (iii) incidents or accidents resulting in personal injury that you allege occurred in connection with your use of the Services, whether the dispute, claim or controversy occurred or accrued before or after the date you agreed to the Terms; or (iv) your relationship with Vision to Growth, will be settled by binding arbitration between you and Vision to Growth, and not in a court of law (“Arbitration Agreement”). This Arbitration Agreement survives after your relationship with Vision to Growth ends.

You acknowledge and agree that you and Vision to Growth are each waiving the right to a trial by jury or to bring or to participate as a plaintiff or class member in any class, purported class, collective, coordinated, consolidated, or representative proceeding. Rather, all such claims must be brought in arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms as a court would.

YOU AND VISION TO GROWTH AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND VISION TO GROWTH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). Nothing in this subsection or in this Arbitration Agreement more generally is intended to waive non-waivable rights under the Private Attorneys General Act, Cal. Lab. Code § 2698 et seq.

This Arbitration Agreement shall be binding upon and shall include any claims brought by or against any third-parties, including, without limitation, your spouses, heirs, third-party beneficiaries and assigns, where their underlying claims are in relation to your use of the Services. To the extent that any third-party beneficiary to these Terms brings claims against the parties; those claims shall also be subject to this Arbitration Agreement.

13.2     Exceptions to Arbitration. Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration in the following circumstances: (i) individual claims may be brought in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; (ii) you or Vision to Growth may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents); and (iii) you may bring issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.

Such claims may be brought and litigated in a court of competent jurisdiction by you on an individual basis only. On an individual basis means that you cannot bring such claims as a class, coordinated, consolidated, collective, or representative action against Vision to Growth. For the avoidance of doubt, this precludes you from bringing claims as or participating in any kind of any class, collective, coordinated, consolidated, representative or other kind of group, multi-plaintiff or joint action against Vision to Growth and no action brought by you may be consolidated or joined in any fashion with any other proceeding. Where your claims are brought and litigated to completion on such an individual basis in a court of competent jurisdiction, Vision to Growth agrees to honor your election.

The parties’ agreement not to require arbitration in these limited instances does not waive the enforceability of this Arbitration Agreement as to any other provision (including, without limitation, the waivers provided for in Section 13.1, which will continue to apply in court as well as in arbitration), or the enforceability of this Arbitration Agreement as to any other controversy, claim or dispute.

13.3 Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed upon location.

The parties agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including, without limitation, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including, without limitation, issues relating to whether these Terms are applicable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a dispute, you and Vision to Growth agree that the arbitrator will decide that issue.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties to be bound by the provisions of the FAA for all purposes, including, without limitation, interpretation, implementation, enforcement, and administration of this Arbitration Agreement, and that the FAA and AAA Rules shall pre-empt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue regarding the interpretation or enforcement of this Arbitration Agreement then that issue shall be resolved under the laws of the state where you reside when you accept these Terms.

Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including, without limitation, sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to the Terms, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.

13.4 Pre-Arbitration Dispute Resolution and Notification. Most customer concerns can be resolved quickly by emailing customer support at support@visiontogrowth.com. In order to resolve disputes amicably and cost effectively, we both agree to use good faith informal efforts to resolve disputes before entering into arbitration, including meeting personally and conferring, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you agree to also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within sixty (60) days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify us that you intend to initiate an informal dispute resolution conference to legal@visiontogrowth.com, providing your name, telephone number associated with your Account (if any), the email address associated with your account, a detailed description of your claim and the specific relief sought. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. If we do not resolve the claim within sixty (60) calendar days after the notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Vision to Growth or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Vision to Growth is entitled.

13.5 Initiating Arbitration. In order to initiate arbitration, a party must provide the other party with a written Demand for Arbitration and file the demand with AAA as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). A party initiating an arbitration against Vision to Growth must send the written Demand for Arbitration to Vision To Growth LLC, 4760 S Highland Dr, Salt Lake City, UT 84117, Attention: Legal. The arbitrator will be either (1) a retired judge or (2) an attorney licensed to practice law in the state where the arbitration is conducted. The arbitrator will be selected by the parties from the AAA’s National Roster of Arbitrators. If the parties are unable to agree upon an arbitrator after a good faith meet and confer effort, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

13.6 Location and Procedure. Unless you and Vision to Growth otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Vision to Growth submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

13.7 Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An arbitrator’s decision shall be final and binding on all parties. An arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. Either party may seek an award of attorneys’ fees and expenses to the extent permitted under applicable law.

13.8 Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

13.9 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

13.10 Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

13.11 Right to Opt Out of Arbitration Agreement. You may opt out of the Arbitration Agreement by notifying us in writing within thirty (30) days from the first date of your acceptance of the Terms. To opt out, you must send a written notification to us at Vision To Growth LLC, 4760 S Highland Dr, Salt Lake City, UT 84117, Attention: Legal., that includes the following information: (i) your name, (ii) your address, (iii) your telephone number, (iv) your email address, and (v) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions.

14. Miscellaneous

14.1 Survival. If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be, to the maximum extent possible, construed consistent with applicable law. The remaining portions shall remain in full force and effect. Any failure on the part of Visio not Growth to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms to the extent necessary to give full effect to their intended purpose.

14.2 Choice of Law. These Terms and your use of the Services are governed by the federal and state laws of the State of California without regard to its conflict of law provisions, except as otherwise provided under Section 13 below addressing arbitration. You hereby consent to the exclusive jurisdiction and venue in any federal or state court of competent jurisdiction located in San Francisco County for the adjudication of any disputes arising from or relating to the Services or these Terms of Use.

14.3 Assignment. We may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you shall be void.

14.4 Entire Agreement. These Terms, together with the Privacy Policy, represent the complete and exclusive understanding of the agreement between us and you regarding the Service and supersede any other prior or contemporaneous agreement, whether oral or written, and any other communications between us and you relating to the Services.

14.5 Notices. All notices permitted or required under these Terms must be sent in writing (i) if to you by us, then via email to the address associated with your Account, and (ii) if to us by you, then via support@visiontogrowth.com. Notices will be deemed given if (a) if to you, when emailed, and (b) if to us, on receipt by us.

14.6 Contact Us. If you have comments or questions or would like to report violations of these Terms, please contact us at legal@visiontogrowth.com. Vision To Growth LLC, 1555 Fieldcrest Lane, Salt Lake City, UT 84117, Attention: Legal.

Privacy Policy

Last Updated: March 27, 2023

This Privacy Policy describes how Vision to Growth, LLC (“Vision to Growth”, “we”, “us”, and/or “our”) handles the personal information we collect from and about you when you visit our website, www.visiontogrowth.com (“the Site”); access our online courses, coaching, consulting and content via the web or via a mobile device, or otherwise interact with us, either in person or in connection with our related content, features, applications, and other services (collectively with the Site, the “Service(s)”); or otherwise interact with us. It also describes certain legal rights you may have, subject to applicable law, and how you can exercise them.

For the purposes of this Privacy Policy, “Personal Information” means information that relates to an identified or identifiable individual (such as a name, email address, or photograph), or as otherwise defined under applicable law. Some information that is automatically disclosed to us or collected by us through your use of our Service meets this definition.

This policy does not apply to the practices of third parties, including BUDDYBOSS DMCC and Liquid Web LLC (“Third Party Providers”) which hosts our Service and which may also collect or receive Personal Information in connection with your use of the Service. Third Party providers are an independent business and is not operated or controlled by Vision to Growth. We encourage you to review the BUDDYBOSS Terms of Use and Privacy Policy and the Liquid Web Terms of Use and Privacy Policy before providing any Personal Information to or through them.

By using Vision to Growth’s Service, you confirm you have agreed to the Vision to Growth Terms of Use, to the extent permitted by law, and have read and understood this Privacy Policy.

Information We Collect

Information you give us directly

We collect information that you voluntarily provide (or authorize Third Party Providers to provide to us) in the following ways:

• When you fill in forms on our Site. When you fill in forms on our Site including when you contact us for additional information we may require that you provide us with certain information such as your name, contact information, reasons for joining, and how you heard about us. We may also ask you to describe your goals, challenges, and learning style.
• When you purchase a plan. If you choose to purchase a plan or other products or services we may offer from time to time, you will be required to provide a third-party payment processor with information such as your name, payment card details, and billing address in order to facilitate payment.
• When you set up an account and populate your profile. When you create an account and populate your profile, you will be asked to provide your name and email address and some context for joining. You may also personalize your profile by providing additional information such as a profile photo, your city and any biographical information you wish to share. If you work with us as a guide, speaker, or other partner, you may be asked to provide additional information such as your company name, job title, industry or field, professional history, professional memberships and qualifications, and social media details.
• When you share user-generated content. We collect any information that you choose to include when you upload photos or video, write comments or reviews, or otherwise post to forums accessible to other Vision to Growth users.
• When you participate in virtual classes and other events. To enable our virtual classes and other live events, we stream video and audio feed of interactions between Vision to Growth members and guides as well as the contents of any communications enabled by integrated chat functions within the third-party services, such as BUDDYBOSS, Liquid Web’s LearnDash platform and Zoom, which we use to provide the events. This includes collecting your image, voice, movements, physical environment, and any other information provided during the event. From time to time, we may record special events and make those recordings accessible to other Vision to Growth users. If we do so, we will indicate that the event will be recorded.
• When you participate in in-person events. From time to time, we may offer in-person events. If you register for an in-person event we host or sponsor, we may collect details such as your name, contact information, and any specific information relevant to the event for which you are registering.
• When signing up to receive email communications from us or completing a survey. When you engage in these activities, we may collect your name and contact information as well as and any information you provide to us as part of that request (such as information about your satisfaction with our Service in response to a survey).
• When you invite others to use Vision to Growth through our Ambassador program or send a gift card. Our Service allows you to invite others to use Vision to Growth . If you do this or are invited in this way, we will collect and store the invitee’s email address in order to enable us to send an invitation. We will also let the invitee know who invited them to use Vision to Growth and let him/her request that his/her information be deleted from our systems. Similarly, if you purchase a gift card for another person, we will collect the recipient’s name and email address which we use solely to enable us to send the gift card.
• When you contact us. When you contact us by email; through our branded social media accounts; through any integrated chat providers we may offer, or by telephone, SMS, or physical mail, we may collect your name, username, email address, phone number, physical address, and the contents of your communication which can include any information you choose to provide. We will only use that information for the purpose of providing the service or support requested.

Information collected automatically when you use our Service

Certain information is also collected automatically as you navigate our Service or interact with our communications. This includes

• log information (such as your access times, pages viewed, and Internet Protocol (“IP”) address),
• device information (such as the hardware model, operating system and version, device ID and mobile network information of the devices you use to access our Service),
• information collected by cookies and similar technologies (such as whether you have visited our Site before or if you are a new visitor),
• information collected by advertising and analytics tools (such as your IP address, device ID, web browser, and
• usage information (such as downloads, ratings, profile views, and search queries).

Because our Service is hosted by Third Party Providers, the corresponding Third Party Provider (and not us) collects this information from your device although it may share certain of this information with us.

Information we collect from other sources

We receive some information about you from third-party sources.

• BUDDYBOSS and Liquid Web. We depend on certain Third Party Providers that are used in connection with our Service, including, most notably, BUDDYBOSS and Liquid Web. To understand what information might be shared with Vision to Growth, we recommend that you review the BUDDYBOSS Terms of Use and Privacy Policy and the Liquid Web Terms of Use and Privacy Policy. To enable our virtual classes and other live and recorded audio/video events, we may also use third-party services, which may include WordPress, Zoom, BrightTALK, or a similar service. We encourage you to review the privacy policies of these third parties to understand what, if any, information they may share with us about you.
• Payment processors. In general, when you purchase a plan or other products or services from us, your payment card information is provided directly to a third-party payment processor and Vision to Growth does not collect or store that information. However, we may receive limited information such as the last four digits of your card, the country of issuance, and the expiration date.
• Third-party authentication providers. You may sign up and log-in to our Service using third-party authentication providers such as Google, Facebook, LinkedIn, and Apple. If you choose to sign up and log in in this manner, the third-party authentication service will ask your permission to share certain information to enable the integration. This information is provided directly to Third Party Providers and we do not collect or store that information. You can control the information third-party authentication providers may share about you using the privacy settings in your accounts with those services.
• Social media platforms. We may offer social sharing features and other integrated tools such as widgets, which allow you to share content on our Site with third-party social media platforms such as Twitter and LinkedIn. If you choose to use these social sharing features, the provider of the third-party social media platform may make certain information available to us. This can include information necessary to facilitate the integration as well as any additional information the provider chooses to share with us or which you have permitted the provider to share through your privacy settings. We encourage you to check the privacy settings and privacy policies of these third-party social media platforms to understand what information might be shared with us.
• Publicly available sources and other third parties. We may obtain Personal Information about you from other sources, including public records, publicly available information on Internet sites, and third parties that help us update, expand, and analyze our records and inform our marketing and recruitment efforts. For instance, we may use information from LinkedIn or from a third-party data provider to update information about you in our contact database.
• Another Vision to Growth user. We may collect your Personal Information from another Vision to Growth user if that user provides us with your email address in order to invite you to try Vision to Growth or to send you a gift card. Another Vision to Growth user may provide us with your Personal Information when sharing user-generated content which could include information about or depictions of you.

We may combine the information we collect about you from these various sources. If a combination of information that we collect identifies you as an individual, we will treat the combined information as Personal Information.

How We Use Your Information

We use the information described above to:

• Deliver a high-quality and customized learning experience;
• Fulfill your purchases and registrations;
• Operate and improve our Service, including monitoring and analyzing usage, trends, and activities related to the Service;
• Respond to your requests, inquiries, comments, and suggestions;
• Communicate with you about products, services, offers, promotions, and events we offer and provide news and information we think will be of interest to you;
• Post testimonials;
• Improve our educational, networking, marketing, and social strategies; and
• Carry out any other purpose described to you at the time the information was collected.

Third Party Providers may use the information described above for additional purposes including the following:

• Recognizing you at sign-in and providing you with access to our Service;
• Operating and improving its service, including monitoring and analyzing usage, trends, and activities related to the service;
• Sending you technical notices, updates, security alerts, and support and administrative messages;
• Identifying, fixing, and troubleshooting bugs and service errors; and
• Protecting against, identify, investigate, and respond to misuse of its Service or other unlawful behavior.

Please refer to the above mentioned Third Party Provider Privacy Policies for complete information on how these Third Party Providers may use your Personal Information.

How We Share Your Information

We may share information about you with certain third parties in the following circumstances:

• Companies under common control. We may share Personal Information between and among any current or future parents, subsidiaries, affiliates, and other companies under common control and ownership with Vision to Growth.
• Vendors and service providers. We may share Personal Information with vendors, consultants, and other service providers who need to access the data in order to perform services on our behalf, such as providing cloud-hosting or cloud-storage services.
• Other third parties: We may share your Personal Information with other third parties that provide advertising, campaign measurement, online analytics, and other services, in order to help us reach individuals with relevant ads and measure our ad campaigns.
• Business transfers. We may share Personal Information with another company in connection with or during negotiations of any merger, acquisition, financing, re-organization, bankruptcy, sale of all or a portion of our assets, or transition of services to another provider.
• Legal requirements. We may share Personal Information when we believe it is necessary to comply with a legal obligation, including lawful requests from public authorities to meet national security or law enforcement requirements. We may also share Personal Information when we believe it is necessary to protect Vision to Growth’s rights and property, to protect the safety of our users, and to defend against legal liability.
• Consent. We may share Personal Information with third parties with your consent and at your direction, including if we notify you that the information you provide will be shared in a particular manner and you provide that information.
• Vision to Growth Guides. In the course of providing our Service, we also share Personal Information about members with our guides to enable guides to communicate with members and to assist guides in understanding each member’s individual needs and goals.
• Social media platforms. Our Service may offer social sharing features and other integrated tools such as widgets, which allow users to share information from their Vision to Growth account with third-party social media platforms like Facebook or Twitter. Using these social sharing features is optional.
• Public. The Service offers several features that allow users to connect and share content in public or semi-public spaces. You do not have to use these features, but if you do, please be sure to use good judgement. Certain information in your profile such as your username and photo and any other information you disclose in the public or semi-public areas of the Service, may be read, collected, stored, or used by others.

We may also share aggregate or de-identified information, which cannot reasonably be used to identify you, for various purposes including compliance with various reporting obligations; for business or marketing purposes; or to assist third parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.

Your Rights and Choices

You have a variety of rights and choices related to our use of your Personal Information.

• Opting out of email marketing. You can opt out of receiving our promotional emails and texts at any time by following the instructions included in those communications. Please be aware that it may take up to 10 days for us to process your request, and you may continue receiving promotional communications from us during that period. If you opt out of receiving such communications, please note that we may continue to send you non-promotional communications (such as emails related to our business relationship or emails about changes to our legal terms).
• Limiting information in your Vision to Growth profile. You can control the information we collect about you by limiting what information you provide in your Vision to Growth profile.
• Limiting information available through social media platforms.  If you want to limit or stop receipt of information from third-party social media platforms, you can change your privacy settings on those other websites. You also may choose not to use social features we make available.
• Access, update, or delete your information. To access, update, or delete Personal Information we maintain about you, please contact us at privacy@visiontogrowth.com. Please note that you may have the ability to access, update, or delete certain information, including information in your profile through the account settings offered by our Third Party Providers. Subject to the terms of your agreement with us, you may also terminate your account by emailing us at the address given above. Please note that we may keep certain Personal Information as necessary to comply with our legal obligations or for legitimate business purposes, such as to resolve disputes or enforce our agreements. We may also keep cached archived copies of Personal Information for a certain period of time.

Children

Our Service is not intended for children under the age of 13. If you are a parent or legal guardian and think your child under the age of 13 has given us Personal Information without your consent, please contact us at privacy@visiontogrowth.com.

Links to Other Websites and Third-Party Content

We may provide links to third-party websites, services, and applications that are not operated or controlled by Vision to Growth. This Privacy Policy does not apply to the privacy practices of those third parties. The fact that we link to a website, service, or application is not an endorsement, authorization, or representation of our affiliation with that third party. We encourage you to review the privacy policies of any third-party service before providing any Personal Information to or through them.

Data Transfer

Personal Information we collect may be stored and processed for the purposes set out in this Privacy Policy in the United States where we are based or in any country where we have operations or where we engage vendors or service providers. These countries may not have the same data protection laws as the country in which you originally provided the data.

Our Service is not targeted to users outside of the United States. By using our Service or submitting your Personal Information to us, you agree to any transfer and processing in accordance with this Privacy Policy.

Data Retention

We only keep your Personal Information for so long as reasonably necessary for the purposes described in this Privacy Policy, as required by law, or as necessary to resolve disputes and enforce our rights and agreements. To dispose of Personal Information, we may anonymize it, delete it, or take other appropriate steps. Data may persist in copies made for backup and business continuity purposes for additional time.

Security

Vision to Growth uses generally accepted administrative, physical, and technical safeguards we believe are appropriate to protect the confidentiality, integrity, and availability of your Personal Information. Although we make reasonable efforts to protect Personal Information from loss, misuse, or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet and storing information electronically. Vision to Growth cannot and does not guarantee absolute security.

Changes to Our Privacy Policy

We may change this Privacy Policy from time to time to reflect changes in our practices or in the law. If we make changes to this policy, we will post the updated Privacy Policy on our Site and indicate when it was last revised. You are advised to review this policy periodically to stay informed of our practices. If we make material changes, we may provide you with additional notice, such as posting a statement on our homepage or sending you an email notification, if we have your email address on file. Your continued use of the Service after the revised Privacy Policy has become effective indicates that you have read, understood, and agreed to the current version of this Privacy Policy, to the extent permitted by law.

Contacting Us

If you have any questions about our Privacy Policy or how we protect your Personal Information please contact us at privacy@visiontogrowth.com or write us at Vision To Growth LLC, 1555 Fieldcrest Lane, Salt Lake City, UT 84117.