Last Updated: January 3, 2022

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 helps founders, executives, leaders and their companies to grow from the inside out. Vision To Growth unlocks peak performance and full potential through executive coaching, group coaching, online and in-person training, workshops and music-based experiences.
  • Web and Mobile Services. Vision to Growth provides some of its services through a platform owned and hosted by Mighty Networks, LLC (“Mighty Networks”). Mighty Networks is an independent business and is not operated or controlled by Vision to Growth. When you visit our website, visiontogrowth.com (“the Site”); access our online courses 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 Mighty Networks 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 Mighty Networks 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 Mighty Networks immediately 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 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. For information on how to close your Mighty Networks account, please refer to the Mighty Networks Terms of Use.

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, our Services are provided via a platform provided by Mighty Networks. When accessing or using our Services, you must comply with the Mighty Networks Acceptable Use Policy.

6.2 Suspension or Termination of Access. If we determine (or reasonably believe) that you have breached the Mighty Networks Acceptable Use Policy or (i) are using our Services for any unlawful purpose or deceptive purpose; (ii) pose a threat to us, Mighty Networks, or our other users; (iii) are violating the intellectual property rights of Vision to Growth, Mighty Networks, or any third party, we reserve the right to suspend or permanently bar you from accessing our Services. We may further notify Mighty Networks 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 Mighty Networks Platform. Intellectual property rights, titles, and interests in and to the Mighty Networks platform belong exclusively to Mighty Networks and its licensors. This includes the Mighty Networks 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 Mighty Networks name and logo (“Mighty Networks IP”). Use of Mighty Networks IP is governed by the Mighty Networks Terms of Use.

7.2 Vision to Growth Content. Intellectual property rights, titles, and interests in and to all online and in-person courses, virtual events, music experiences, 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. Please refer to the Mighty Networks Terms of Use to understand how Mighty Networks treats User Content.

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 and request for takedown of specific material to legal@mightynetworks.com. For more information, please refer to the Mighty Networks Terms of Use and Copyright Policy.

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 Mighty Networks 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 or the Mighty Networks 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 Mighty Networks Platform. As described above, our Services are provided via a platform owned and operated by Mighty Networks. All warranties relating to that platform are governed by the Mighty Networks Terms of Use and any disclaimers therein.

10.2 Disclaimer with Respect to Vision to Growth Services. THE SERVICES, INCLUDING WITHOUT LIMITATION ALL SERVICE IP MADE AVAILABLE VIA THE SITE OR MIGHTY NETWORK 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

12.1 Limitations with Respect to Mighty Networks Platform. Please refer to the Mighty Networks Terms of Use to understand any limitations of liability that may apply with respect to the Mighty Networks platform.

12.2 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.