Last Updated On May 30th 2026
PURPOSE OF THIS AGREEMENT
Welcome to Virtual Consulting Group, LLC the company behind Tonja Demoff 2.0, the NeuroSomatic Wealth Institute™, and The Wealth Is In™ Movement. These are brand names under which Virtual Consulting Group, LLC operates — they are not separate legal entities. We look forward to walking with you as you reset, rewire, and rise — so the success you've been working toward finally has somewhere safe to land. This Agreement sets forth your rights and obligations as a user of our websites, programs, and services. By clicking "I Agree," You indicate that You have read and understood this Agreement and You will be bound by its Terms.
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER WWW.TONJADEMOFF.COM THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 11, 12, 16, 17, 18 and 19). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS
The use of www.tonjademoff.com and all associated websites and landing pages (hereafter collectively "Website"), which are owned and maintained by Virtual Consulting Group, LLC ("Company," "we," "our," "us"), is governed by the terms and conditions set forth below. Virtual Consulting Group, LLC operates under the brand names Tonja Demoff 2.0, NeuroSomatic Wealth Institute™, and The Wealth Is In™ Movement.. References to any of these brand names throughout this Agreement refer to Virtual Consulting Group, LLC. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, subscribing, or placing an order over the Website, you and your business agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF USE & SALE ("TERMS") TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT ("AGREEMENT") BETWEEN YOU AND YOUR BUSINESS ("YOU") AND VIRTUAL CONSULTING GROUP, LLC. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY VIRTUAL CONSULTING GROUP, LLC, ANY ORDER YOU PLACE THROUGH THE WEBSITE, THROUGH A DIRECT SALES CONVERSATION, OR OTHER ACCEPTED METHOD OF PURCHASE, AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18.
Virtual Consulting Group, LLC reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at Terms of Service. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.
1. Website Use
2. User Conduct and Restrictions-License Terms
3. Our Privacy Statement and Your Personal Information
4. Information You Provide; Registration; Passwords; Prohibition Against Hosting Third-Party Agency Accounts
5. Order Placement and Acceptance
6. Refunds for Hard Goods
7. Automatic Enrollment and Payment, and Cancellation
7A. SMS Communitcation
8. Subscription Terms and Automatic Payment
9. Shipping Fees
10. Products, Services, and Prices Available on the Website
11. DISCLAIMER - YOUR BUSINESS' INDIVIDUAL RESULTS WILL VARY
12. Your Responsibilities in Running Your Business
13. Commissions Program and Independent Virtual Consulting Group, LLC Affiliate Program
14. Testimonials, Reviews, and Pictures/Videos
15. COMPLIANCE WITH THE LAW, INCLUDING COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS
16. DISCLAIMERS OF OTHER WARRANTIES
17. LIMITATIONS OF LIABILITIES
18. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
19. Virtual Consulting Group, LLC Additional Remedies
20. Indemnification
21. Notice and Takedown Procedures; Copyright Agent
22. Third-Party Links
23. Termination
24. No Waiver
25. Governing Law and Venue
26. Force Majeure
27. Assignment
28. Electronic Signature
29. Changes to the Agreement
30. Your Additional Representations and Warranties
31. Severability
32. Entire Agreement
33. Contacting Us
34. Data Privacy Shield
35. Use and Development of Advance Technologies to Provide Safe and Functional Services for Everyone
36. Limits On Virtual Consulting Group, LLC Intellectual Property
37. Online Tracking Technologies and Advertising
38. AI Powered Features
SECTION 1 – WEBSITE USE
The Website is intended for adults seeking personal and professional growth, including nervous system regulation, wealth building, and related coaching and educational services. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS-LICENSE TERMS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. Virtual Consulting Group, LLC trademark and logo are proprietary marks of Virtual Consulting Group, LLC, and the use of those marks is strictly prohibited.
Virtual Consulting Group, LLC trademark and logo are proprietary marks of Virtual Consulting Group, LLC, and the use of those marks is strictly prohibited. This includes, without limitation, the brand names Tonja Demoff 2.0, NeuroSomatic Wealth Institute™, and The Wealth Is In™ Movement., as well as all program names, framework names, course titles, and methodologies created by or associated with Virtual Consulting Group, LLC whether currently offered or offered in the future.
Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Virtual Consulting Group, LLC.
Subject to your continued strict compliance with all Terms, Virtual Consulting Group, LLC provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
If you purchase a subscription to Virtual Consulting Group, LLC software over the Website, Virtual Consulting Group, LLC provides to you a revocable, limited, non-exclusive, non-sublicensable, non-transferrable license to use the software. You acknowledge and agree that: (1) the software is copyrighted material under United States and international copyright laws that is exclusively owned by Virtual Consulting Group, LLC (2) you do not acquire any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of Virtual Consulting Group, LLC and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
You agree not to use or attempt to use the Website, or any software provided by Virtual Consulting Group, LLC, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to Virtual Consulting Group, LLC You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:
A• HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Mastermind’ reputation; hacking and other digital or physical attacks on the Website; and the violation of the rights of Mastermind or any third party;
B• “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to Mastermind’ reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti- spamming or analogous laws.
C• OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.
D• SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to Mastermind, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
E• ILLEGAL BUSINESS ACTIVITY. Any promotion of illegal business activity, promoting the sale or use of illegal drugs (including but not limited to Marijuana-derived CBD Oil); or infringing or promoting the infringement of the intellectual property rights of another.
In addition to the foregoing, Virtual Consulting Group, LLC requires you to follow these best practices when sending electronic communications:
• Use only permission-based marketing electronic communications lists (i.e., lists in which each recipient affirmatively opted-in to receiving those electronic communications).
• Always include a working “unsubscribe” mechanism in each marketing electronic communication that allows the recipient to opt out from your mailing list (receipt/ transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).
• Comply with all requests from recipients to be removed from your mailing list within the earlier of ten (10) days of receipt of the request, or the deadline under applicable law.
• Maintain, publish, and comply with a privacy policy that meets all applicable legal requirements, whether you control the sending of electronic communications, and include a link to such privacy policy in your electronic communications.
• Include in each electronic communication a link to your then-current privacy policy applicable to that electronic communication.
• Include in each electronic communication your valid physical mailing address or a link to that information.
• Do not send electronic communications to addresses obtained from purchased or rented lists.
• Do not use third party electronic addresses, domain names, or mail servers without proper permission from the third party.
• Do not routinely send electronic communications to non-specific addresses (e.g., [email protected] or [email protected]).
• Do not engage in spamming.
• Do not disguise the origin, or subject matter of, any electronic communications or falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.
• Do not send offers to obtain or attempt to obtain personal information, or generate leads, for third parties.
• Do not send “chain letters,” “pyramid schemes,” or other types of electronic messages that encourage the recipient to forward the content to strangers.
• Do not send to lists of addresses that are programmatically generated or scraped from the Internet.
• Do not employ sending practices, or have overall message delivery rates, which may cause harm to our services or other users of our services.
• Do not send messages that may be considered junk mail. Some examples of these types of messages include, but are not limited to, messaging related to penny stocks, gambling, multi-level marketing (except in compliance with the FTC’s Business Guidance Concerning Multi- Level Marketing, see www.ftc.gov/tips-advice/business-center/guidance/business-guidance-concerning-multi-level-marketing), direct to consumer pharmaceutical sales, and payday loans.
You further agree to conduct yourself and all your businesses in full compliance with all applicable laws, whether through the use of Mastermind or otherwise.
SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement. Our Privacy Statement may be viewed at www.tonjademoff.com Virtual Consulting Group, LLCreserves the right to modify its Privacy Statement in its reasonable discretion from time-to-time. Our Privacy Statement is incorporated into this Agreement by reference.
SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS
As a Virtual Consulting Group, LLC user, you will be required to create an account with Virtual Consulting Group, LLC. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Virtual Consulting Group, LLC user account, and you agree not to transfer your password or username or lend or otherwise transfer your use of or access to your user account, to any third party. So called “agency accounts,” or accounts in which you host funnels for third parties, are prohibited. Should your usage data indicate, in Virtual Consulting Group, LLC’ sole and exclusive discretion, that you are operating an agency account, you will be subject to cancellation of your Virtual Consulting Group, LLC user account or enhanced pricing for your Virtual Consulting Group, LLC user account, at Virtual Consulting Group, LLC sole and exclusive discretion. You are fully responsible for all transactions with, and information conveyed to, Virtual Consulting Group, LLC under your user account. You agree to immediately notify Virtual Consulting Group, LLC of any unauthorized use of your password or user-name or any other breach of security related to your user account. You agree that Virtual Consulting Group, LLC is not liable, and you will hold Virtual Consulting Group, LLC harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 21 below for additional information.
SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE
If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at [email protected] in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
SECTION 6 – REFUNDS FOR HARD GOODS
If you have purchased a “hard good” (for example, a book or other tangible product) from Virtual Consulting Group, LLCor any related brands, you may receive a limited refund if you comply with the following conditions:
1. You must request a refund in writing by contacting [email protected]
2. Your request for a refund must be made within thirty (30) days of your purchase;
3. You must return the hard goods to Virtual Consulting Group, LLC immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
4. The hard goods must be returned to Virtual Consulting Group, LLC in like-new, or re-sellable condition, as determined in Virtual Consulting Group, LLC' sole, reasonable discretion.
SECTION 7 - AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION
If you do not want to continue your subscription after your free trial comes to an end, y ou must contact us at least 24 hours before your free trial period ends by submitting a cancellation request to us via our support email address [email protected]. If you do not contact us at least 24 hours before your free trial period ends to cancel, your subscription will automatically continue and the payment card that you provided at the time of enrolment online will be charged the full Virtual Consulting Group, LLC monthly membership subscription rate provided at the time of enrollment each month until you cancel. Virtual Consulting Group, LLC can change the monthly membership subscription rate at any time. If the membership subscription rate changes after you subscribe, we will notify you by e-mail and give you an opportunity to cancel.
If you wish to cancel your Virtual Consulting Group, LLC subscription (including subscriptions for services) at any time after a free trial or discounted period ends, you must submit a cancellation request to us via our support email address [email protected] For monthly subscriptions (including subscriptions for services), we require at least ten (10) days’ notice of cancellation by email. If you provide such notice less than ten (10) days before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any payments to Virtual Consulting Group, LLC. Virtual Consulting Group, LLC in its sole discretion may charge a cancellation fee equal to the amount the subscription was discounted.
SECTION 7A – SMS COMMUNICATIONS
By providing your mobile phone number and opting in to receive SMS communications from Virtual Consulting Group, LLC, you consent to receive text messages related to program updates, event reminders, promotional offers, enrollment notifications, and account-related communications.
Program Description: SMS messages are sent under the Virtual Consulting Group, LLC Alerts program on behalf of Virtual Consulting Group, LLC and its brands Tonja Demoff 2.0, NeuroSomatic Wealth Institute™, and The Wealth Is In™ Movement.
Message Frequency: Message frequency varies. You will typically receive 4 messages per month or fewer.
Message and Data Rates: Message and data rates may apply. Please check with your mobile carrier for details.
Opt-Out: You may opt out at any time by texting STOP to any message received from us. After opting out, you will receive one final confirmation message and no further messages will be sent.
Help: Text HELP for assistance or email [email protected].
Carrier Disclaimer: Carriers are not liable for delayed or undelivered messages.
Age Restriction: By opting in, you confirm you are 18 years of age or older.
Your mobile number will not be shared with third parties for marketing purposes. SMS communications are governed by our Privacy Policy at tonjademoff.com/privacy-policy.
SECTION 8 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT
A Virtual Consulting Group, LLC user is responsible for paying all sums due to Virtual Consulting Group, LLC in connection with their monthly subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access, or after your free trial ends and you have not canceled the automatic subscription with us. Every calendar month, your account will be charged the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively, “Fees”). Failure by Virtual Consulting Group, LLC user to use any of the services available through the service provided by Virtual Consulting Group, LLC does not relieve Virtual Consulting Group, LLC user of their payment obligations under these Terms.
Potential users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount).
IF YOU ARE A VIRTUAL CONSULTING GROUP, LLC USER WITH A MONTHLY SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO VIRTUAL CONSULTING GROUP, LLC YOU MAY DO SO THROUGH YOUR ACCOUNT DASHBOARD OR BY E-MAILING [email protected]. AT LEAST TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH.
Virtual Consulting Group, LLC reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event Virtual Consulting Group, LLC starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 20 below.
In addition to any Fees, Virtual Consulting Group, LLC may also charge applicable value added or other tax.
SECTION 9 – SHIPPING FEES
Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the e-mail address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.
SECTION 10 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
Products, services, and prices are generally posted at the following URL, but are subject to change: www.tonjademoff.com. Virtual Consulting Group, LLC reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.
Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing, or placing an order over the Website, you authorize Virtual Consulting Group, LLC to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of Virtual Consulting Group, LLC services, and unless you terminate your subscription as provided herein, you agree that Virtual Consulting Group, LLC may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after e-mail notice has been provided to you.
Virtual Consulting Group, LLC takes reasonable steps to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
When ordering products or services, please note that Virtual Consulting Group, LLC does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive.
All sales are deemed final except as provided in Section 6 of these Terms. Virtual Consulting Group, LLC’ descriptions of, or references to, products or services not owned by Virtual Consulting Group, LLC not intended to imply endorsement of that product or service or constitute a warranty by Virtual Consulting Group, LLC.
SECTION 11 – DISCLAIMER - YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY
Every online business is different, employing different strategic approaches and organizational structures, and offering different products and services. Therefore, individual results will vary from user to user. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS.
Virtual Consulting Group, LLC does not promise, guarantee, or warrant your business’ success, income, or sales. You understand and acknowledge that Virtual Consulting Group, LLC will not at any time provide sales leads or referrals to you or your business. Those businesses who purchase our products or services will receive access to software and tools to create Internet sales funnels and otherwise assist with their respective online offerings. However, we do not guarantee your business’ success and based upon many market factors that we cannot control, the software and tools we provide may or may not be applicable to your specific business. Further, we do not make earnings claims, efforts claims, return on investment claims, or claims that our software, tools, or other offerings will make your business any specific amount of money, and it is possible that you will not earn your investment back. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not purchase our products or services if that is your expectation. Instead, you should purchase with the understanding that using the information and software purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics.
SECTION 12 – YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS
You represent and warrant that you operate a business in good standing, and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use Virtual Consulting Group, LLC's products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose. You are solely and exclusively responsible for complying with all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business. You agree to notify Virtual Consulting Group, LLC if any investigation or lawsuit is threatened or filed against you, whereupon Virtual Consulting Group, LLC shall have the right to terminate this Agreement without liability. Virtual Consulting Group, LLC shall have no liability for your violation of any laws. You are solely and exclusively responsible for collecting and reporting all sales and use tax, and any other taxes, which may apply to sales of products or services by your business including, but not limited to, taxes which may apply to voluntary donations provided by your customers (as described in Section 13 below). Virtual Consulting Group, LLC shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business. You agree to indemnify Virtual Consulting Group, LLC as set out in Section 21 below in the event that you and/or your business violates any law and a claim is threatened or asserted against Virtual Consulting Group, LLC as a result.
SECTION 13 – COMMISSIONS PROGRAM AND INDEPENDENT VIRTUAL CONSULTING GROUP, LLC AFFILIATE PROGRAM
Virtual Consulting Group, LLC may offer you an opportunity to become an independent Virtual Consulting Group, LLC Affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for Virtual Consulting Group, LLC accounts that you sell to other users. Virtual Consulting Group, LLC reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts. Affiliate commission is further discussed in the Virtual Consulting Group, LLC Affiliate Agreement.
For avoidance of doubt, Affiliates are independent contractors and are not employees or agents of Virtual Consulting Group, LLC. Affiliates have no authority to act on behalf of or bind Virtual Consulting Group, LLC. Affiliates shall be solely and exclusively responsible for all costs and other expenses incurred. Sections 18 and 20 below – in their entirety (as well as all other terms in this Agreement) – apply to Affiliates, and further govern the relationship between Virtual Consulting Group, LLC and each Affiliate.
Affiliates are responsible for following local, state, and federal laws, including but not limited to those laws outlined in Section 16 below and avoiding making misrepresentations or creating the wrong net impression of the products and services offered by Virtual Consulting Group, LLC.
To find out more information about the Affiliate program and the additional terms that apply. For avoidance of doubt, all Sections of these Terms and Conditions apply to you in your role as Affiliate, unless expressly provided otherwise.
SECTION 14 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
Virtual Consulting Group, LLC is pleased to hear from users and customers and welcomes your comments regarding our services and products. Virtual Consulting Group, LLC may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Virtual Consulting Group, LLC’ services or products, in printed and online media, as Virtual Consulting Group, LLC determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products. As set forth above in Section 11, your business’ results will vary depending upon a variety of factors unique to your business and market forces beyond Virtual Consulting Group, LLC’ control.
Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant Virtual Consulting Group, LLC a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.
Additionally, Virtual Consulting Group, LLC 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. Virtual Consulting Group, LLC shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
SECTION 15 – COMPLIANCE WITH THE LAWS, INCLUDING COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS
As a Virtual Consulting Group, LLC user and/or Affiliate, whether or not you display the Virtual Consulting Group, LLCs’ Badge, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.
If you use any messaging software, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend Virtual Consulting Group, LLC from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against Virtual Consulting Group, LLC relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether provided by Virtual Consulting Group, LLC. You further understand and agree that Virtual Consulting Group, LLC has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications. Virtual Consulting Group, LLC DOES NOT WARRANT THAT ANY VIRTUAL CONSULTING GROUP, LLC MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD- PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR HARDWARE.
COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS. You must not use our services, whether alone, or in connection with other software or hardware, to: (i) store, distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or (ii) commit, promote, aid, or abet any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive. Non-limiting examples may include emails or other digital messages that promote
SECTION 16 – DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to protect, defend, indemnify and hold harmless Virtual Consulting Group, LLC its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third-party claim against Virtual Consulting Group, LLC for liability for payments for, damages caused by, or other liability relating to, You.
SECTION 17 – LIMITATIONS OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL VIRTUAL CONSULTING GROUP, LLC OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER VIRTUAL CONSULTING GROUP, LLC HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL VIRTUAL CONSULTING GROUP, LLC’ LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO VIRTUAL CONSULTING GROUP, LLC, LLC FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST VIRTUAL CONSULTING GROUP, LLC OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
SECTION 18 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree to first contact us at [email protected] to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Policy, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Bexar County, Texas, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Policy, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Virtual Consulting Group, LLC.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of Texas without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and Virtual Consulting Group, LLC agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Virtual Consulting Group, LLC expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120-day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with Virtual Consulting Group, LLC, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
SECTION 19 – VIRTUAL CONSULTING GROUP, LLC’ ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to Virtual Consulting Group, LLC, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Virtual Consulting Group, LLC or a third-party, Virtual Consulting Group, LLC shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Bexar County, Texas restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Virtual Consulting Group, LLC from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Bexar County, Texas for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
SECTION 20 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Virtual Consulting Group, LLC its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.
SECTION 21 – NOTICE AND TAKEDOWN PROCEDURES; DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send Virtual Consulting Group, LLC a notice requesting that Virtual Consulting Group, LLC remove the materials or content from the Website.
If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Virtual Consulting Group, LLC a counter-notice. Notices and counter-notices should be sent to Virtual Consulting Group, LLC, Attention Legal Department, 13423 Blanco Road #607 San Antonio, TX 78216 or by e-mail to [email protected] The Terms fully incorporate by reference the DMCA Policy.
SECTION 22 – THIRD-PARTY LINKS
The Website may contain links to other websites. Virtual Consulting Group, LLC assumes no responsibility for the content or functionality of any non-Virtual Consulting Group, LLC website to which we provide a link. Please see our Privacy Policy located at PRIVACY STATEMENT. for more details.
SECTION 23 – TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Virtual Consulting Group, LLC or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 11, 12, 16 through 21, and 24 through 33 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Virtual Consulting Group, LLC
Upon termination, you remain responsible for any outstanding payments to Virtual Consulting Group, LLC
SECTION 24 – NO WAIVER
No failure or delay on the part of Virtual Consulting Group, LLC in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Virtual Consulting Group, LLC.
SECTION 25 – GOVERNING LAW AND VENUE
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement, or any matter concerning Virtual Consulting Group, LLC, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of Texas without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 19 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Bexar County, Texas a, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.
SECTION 26 – FORCE MAJEURE
Virtual Consulting Group, LLC will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
SECTION 27 – ASSIGNMENT
Virtual Consulting Group, LLC may assign its rights under this Agreement at any time, without notice to you.
Your rights arising under this Agreement cannot be assigned without Virtual Consulting Group, LLC’ (or its assigns’) express written consent.
SECTION 28 – ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic communication. When you communicate with Virtual Consulting Group, LLC through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
SECTION 29 – CHANGES TO THE AGREEMENT
You can review the most current version of the Terms at any time at Terms. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Statement by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes
SECTION 30 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that Virtual Consulting Group, LLC has the right to rely upon all information provided to Virtual Consulting Group, LLC by you, and Virtual Consulting Group, LLC may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify Virtual Consulting Group, LLC of the same within 24 hours. Virtual Consulting Group, LLC at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by Virtual Consulting Group, LLC without incurring any obligation or liability to you.
SECTION 31 – SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 32 – ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and Virtual Consulting Group, LLC and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Virtual Consulting Group, LLC. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
SECTION 33 – CONTACTING US
We encourage our customers to contact us with questions or comments about our products and services.
Please feel free to do so by sending an e-mail to [email protected].
If you have any questions or inquiries concerning any of the Terms, you may contact Virtual Consulting Group, LLC by email [email protected] or by regular mail at 13423 Blanco Road #607 San Antonio, TX 78216.
For additional inquiries, please feel free to send an email to the relevant address listed below.
Compliance: [email protected]
Spam or Abuse: [email protected]
Affiliates: [email protected]
For General Support and Inquiries: [email protected]
Notices to you may be made by posting a notice (or a link to a notice) on Terms and Conditions by email, or by regular mail, at Virtual Consulting Group, LLC’s discretion.
SECTION 34 – DATA PRIVACY SHIELD – GDPR
What is GDPR? It is the EU Data Privacy Shield that became effective on July, 10 2023. It applies to any person or business that sells or markets goods or services to EU residents or deals with personal data of those that reside under European Union. The "Personal Data" definition under GDPR is very broad as it covers any information that could potentially identify the data subject being targeted.
Is Virtual Consulting Group, LLC GDPR Compliant? In short, yes. Please see our privacy policy at [email protected] for more information.
SECTION 35 – USE AND DEVELOPMENT OF ADVANCED TECHNOLOGIES TO PROVIDE SAFE AND FUNCTIONAL SERVICES
We use advanced technologies — including artificial intelligence, machine learning systems, and automated tools — to improve our products, services, and the experience of our users. These technologies help us deliver personalized content, improve platform functionality, detect and prevent abusive or harmful activity, and enhance the accessibility of our digital properties for users of all abilities.
For example, we may use AI-powered tools to assist with content delivery, customer support, and program recommendations. We are committed to using these technologies responsibly and in a manner consistent with our Code of Ethics, Privacy Policy, and applicable law.
We develop and maintain automated systems to help protect the integrity of our community and ensure that our platforms remain safe, functional, and accessible. We do not sell or license your personal data to train third-party AI systems without your explicit consent.
SECTION 36 – LIMITS ON VIRTUAL CONSULTING GROUP, LLC’S INTELLECTUAL PROPERTY
Virtual Consulting Group, LLC reserves all intellectual property rights in all materials, images, designs, videos, sounds, and content it creates and provides through its website, programs, and platforms.
User-Generated Content in Community Spaces
If you participate in the Virtual Consulting Group, LLC community hosted within the GoHighLevel platform, or any other community, forum, or collaborative space operated by or affiliated with Virtual Consulting Group, LLC, any content you post, share, upload, or submit ("User Content") remains your intellectual property.
By posting User Content in any Virtual Consulting Group, LLC community or platform, you grant Virtual Consulting Group, LLC a limited, non-exclusive, royalty-free, worldwide license to:
- Display and share your User Content within the community and its affiliated programs
- Use your User Content for purposes related to operating and promoting the community, the NeuroSomatic Wealth Institute™, and The Wealth Is In™ Movement
- Moderate, remove, or edit User Content at our sole discretion to maintain community standards consistent with our Code of Ethics
You represent and warrant that you own or have the right to share any User Content you post, and that doing so does not violate the rights of any third party.
Please note that the GoHighLevel community platform is operated by a third party. Your use of the community is also subject to GoHighLevel's own Terms of Service and Privacy Policy in addition to these Terms.
Virtual Consulting Group, LLC reserves the right to remove any User Content that violates our Code of Ethics, Terms of Service, or applicable law. Content removal requests may take up to sixty (60) days to process.
SECTION 37 – ONLINE TRACKING TECHNOLOGIES AND ADVERTISING
We, certain service providers operating on our behalf, and third parties may collect information about your activity, or activity on devices associated with you, on our sites and applications and third-party sites and applications using tracking technologies such as cookies, pixels, tags, software development kits, application program interfaces, and Web beacons. We may collect information whether or not you are logged in or registered and may associate this tracking data with your registration account (if you have one).
Definitions for some of the tracking technologies listed, as well as information about your choices with respect to them, are available below. This tracking data may be used for many purposes including, for example, to:
• Provide useful features to simplify your experience when you return to our sites and applications (for example, remembering your shipping information for future purchases);
• Deliver relevant content and advertising based on your preferences, usage patterns and location;
• Monitor, evaluate, measure, and optimize the use and operation of our sites and applications and the advertising that you see; and
• Analyze traffic on our sites and on the sites of third parties.
We may use your personal information to deliver relevant marketing and advertising to you on our properties and on third parties’ sites and applications. We may provide social media and other platforms with limited personal information, such as certain identifiers or your hashed email address, which they match with their customers’ profiles. Based on this, the platform may show you our ads, look for other users who may enjoy our ads, suppress our ads for you, and provide us insights on how to optimize and better target our advertising.
Some states provide residents or, in some cases, their authorized agents, with the right to opt out of the “selling” or “sharing” of their “personal information”, or of “targeted advertising” based on their “personal information.” To submit a request to opt out you may send a request to [email protected] with the title “Do Not Sell or Share My Personal Information.” Please note that you opt-out choice is specific to the digital property and to the device and browser you are using. If you access other digital properties of The Virtual Consulting Group, LLC Family of Companies, you will need to make a separate election for each. Also, if you clear your cookies on your browser or use another browser or device, you may need to opt out again. Importantly, you may also choose to provide the information requested in this opt out form which may enable us to take action on your opt-out request more broadly than for a specific digital property, including on properties where you are an authenticated guest. If you are a Virtual Consulting Group, LLC client, you can opt out in your account settings on the Tonja Demoff website.
You may also choose to opt out of targeted advertising directly with many ad networks and partners, data exchanges, and marketing analytics and other digital advertising and marketing service providers. You may also be able to choose to control targeted advertising on other websites and platforms that you visit. In addition, you may choose to control targeted advertising you receive within applications by using the settings and controls on your devices. We adhere to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising.
ONLINE TRACKING TECHNOLOGIES
Examples of online tracking technologies include:
• Cookies. Cookies are pieces of information that a website places on the hard drive of your computer when you visit the website. Cookies may involve the transmission of information from us to you and from you directly to us, to another party on our behalf, or to another party in accordance with its privacy policy. We may use cookies to bring together information we collect about you. You can choose to have your computer warn you each time a cookie is being placed on your device, or you can choose to block all cookies. You do this through your browser settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your guest experience more efficient, and some of our services will not function properly.
• Web beacons and marketing pixels. Web beacons and marketing pixels are small pieces of data that are embedded in images on the pages of sites. They may involve the transmission of information directly to us, to another party on our behalf, or to another party in accordance with its privacy policy. We may use web beacons or marketing pixels to bring together information we collect about you.
OPT OUT PREFERENCE SIGNALS AND DO NOT TRACK
You or your authorized agent may choose to enable online, where available, a universal tool that automatically communicates your opt-out preferences, such as the Global Privacy Control (“GPC”). We will process the GPC signal as a request to opt out.
Opt Out Form
Some states provide residents with the right to opt out of the “selling” or “sharing” of their personal information, or of “targeted advertising” based on their personal information. To submit a request to opt out of the sale or sharing of your personal information or of targeted advertising, you may copy the information below and send a request to [email protected] with the title “Do Not Sell or Share My Personal Information.” By submitting the written notification below via email, you will be exercising your Do Not Sell or Share My Personal Information right and/or your right to opt out of targeted advertising.
Contact Email:
First Name Last Name Country State
SECTION 38 – AI POWERED FEATURES
Virtual Consulting Group, LLC, like many companies, uses AI to improve our products, services, and business operations. We understand that poorly governed AI applications can result in unintended consequences, including potential bias or discrimination, whether in design, implementation or the data sets used to train AI models. Virtual Consulting Group, LLC’s Artificial Intelligence and Data organization, together with our Data and Analytics Office, manages and implements Virtual Consulting Group, LLC’s centralized, enterprise-wide Responsible AI Program.
Virtual Consulting Group, LLC may provide AI-powered features, including but not limited to an "Instant Answers" chatbot, designed to assist users by automatically responding to questions based on available content in our knowledge base. While we strive to ensure the accuracy of the information provided, these AI-generated responses are informational only and may occasionally be incomplete, outdated, or incorrect.
Virtual Consulting Group, LLC employs a risk-based framework for developing, using, and overseeing AI. We have processes to oversee Virtual Consulting Group, LLC’s development and use of AI, and our highly skilled employees have an important role to play in considering the risks, impacts and benefits of using AI.
Virtual Consulting Group, LLC recognizes that AI systems must incorporate a privacy-by-design approach, including consideration of the data used to train models and the data used to make business decisions. Virtual Consulting Group, LLC’s use of AI must comply with our privacy policies and applicable laws.
Virtual Consulting Group, LLCuses industry-accepted metrics to evaluate AI solutions’ ability to generate accurate, reliable, and reasonably consistent outputs. We employ a security-by- design approach, which proactively and holistically monitors for and mitigates against security threats.
Virtual Consulting Group, LLC understands that to provide reliable and positive user experiences, our use of AI systems requires transparency. Virtual Consulting Group, LLC is committed to clearly explaining its governance, use and monitoring of AI systems.
Intellectual Property Rights
Except for the limited rights expressly granted under these A.I. Terms, no license, or other rights (express or implied) in or to the A.I. Functions or any output generated thereby are granted, assigned, licensed, or conveyed to you, and all outputs are owned by VIRTUAL CONSULTING GROUP, LLC. VIRTUAL CONSULTING GROUP, LLC respects the intellectual property rights of others and encourages you to do the same. If you believe that your copyright-protected work was used through the A.I. Functions without your consent, please see Section 5 of the Terms of Use available contact [email protected] to request that the content be removed.
Disclaimers
IN ADDITION TO THE DISCLAIMER INCLUDED IN THE TERMS OF USE, THE A.I. FUNCTIONS, AND ANY CONTENT INCLUDED IN THE OUTPUTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT ON ALL USES AND/OR PURCHASES.
VIRTUAL CONSULTING GROUP, LLC, ON BEHALF OF ITSELF, ITS AFFILIATES AND APPLICABLE THIRD- PARTY PROVIDERS (COLLECTIVELY, THE “RELEASEES”, AND EACH, A “RELEASEE”), MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE A.I. FUNCTIONS, OR THE CONTENT INCLUDED IN THE OUTPUT, OR THE USE OF THE INPUT, INCLUDING, BUT NOT IMITED TO, ACCURACY OF THE OUTPUT, AVAILABILITY, SUITABILITY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE A.I. FUNCTIONS, INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT RECOMMENDATION, AND WHETHER THE OUTPUT MAY INFRINGE, MISAPPROPRIATE OR VIOLATE ANY THIRD- PARTY INTELLECTUAL PROPERTY RIGHTS. THE RELEASEES WILL HAVE NO LIABILITY OR RESPONSIBILITY ARISING IN ANY WAY FROM YOUR USE OF THE A.I. FUNCTIONS OR ANY ERRORS OR OMISSIONS CONTAINED THEREIN. YOU SHOULD SEEK INDEPENDENT ADVICE BEFORE YOU RELY ON ANY OUTPUT GENERATED BY THE A.I. FUNCTIONS.
Limitation of Liability
IN ADDITION TO THE LIMITATION OF LIABILITY INCLUDED IN THE TERMS OF USE, YOU AGREE THAT YOUR USE OF THE A.I. FUNCTIONS IS AT YOUR OWN RISK AND THAT THE RELEASEES’ SOLE OBLIGATION TO YOU IS TO PROVIDE THE A.I. FUNCTIONS “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, THE COMPANY'S NEGLIGENCE, SHALL THE RELEASEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION THAT ARISE OUT OF OR RESULT FROM THE USE OF, THE INABILITY TO USE, OR ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THE A.I. FUNCTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF A RELEASEE OR AN AUTHORIZED REPRESENTATIVE OF THE RELEASEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY'S OR ANY RELEASEE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100.00). IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT VIRTUAL CONSULTING GROUP, LLC OR ANY RELEASEE’S LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.
Right to Change These A.I. Terms or A.I. Functions
Virtual Consulting Group, LLC reserves the right to add, change, discontinue, remove, or suspend any A.I. Functions, temporarily or permanently, at any time, without notice and without liability. We may also change, update, add or remove provisions of these A.I. Terms from time to time. We will inform you of any modifications to these A.I. Terms by posting the modified terms of use on the Site. As soon as they are accepted by you, any changes to these A.I. Terms or any additional terms posted on the Site shall apply retroactively to any use or claims that arose or were raised prior to the posting of such A.I. Terms, except to the extent prohibited by applicable law. By continuing to use the A.I. Functions after any changes are posted, you are indicating your acceptance of and agreement to those changes.
If you object to any such modifications to the A.I. Terms or A.I. Functions, your sole recourse shall be to cease using the A.I. Functions. Continued use of the A.I. Functions following any such changes or notice of modifications of the A.I. Terms indicates you acknowledge and agree to be bound by the modifications.
By using these features, you acknowledge and agree that:
• AI-generated responses should not be relied upon as a substitute for professional advice or direct communication from a Virtual Consulting Group, LLC representative.
• Virtual Consulting Group, LLC makes no warranties or representations regarding the accuracy, completeness, or reliability of any information provided by AI-powered tools.
• You use the AI feature at your own risk, and Virtual Consulting Group, LLC disclaims all liability arising from your reliance on any such information.
• We may also require you to accept additional terms before accessing certain AI features.
You further agree to conduct yourself and all your businesses in full compliance with all applicable laws, whether through the use of Virtual Consulting Group, LLCs or otherwise.
We may also require you to accept additional terms before accessing certain AI features.