Terms & Conditions

These Terms of Use (these “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Fidelis Virtual Solutions/Fidelis Collective LLC (“we,” “us” or “our”), concerning your access to and use of the www.fidelisvirtual.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

YOU AGREE THAT BY ACCESSING THE SITE, YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY ALL OF THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We care about data privacy and security. By using the Site and the Services, you agree to be bound by our Privacy Policy available at: https://www.fidelisvirtual.com/privacy-policy/, which is incorporated into these Terms by reference.

1. User Account and Services.

   1.1 The Site provides a platform for accessing a variety of courses designed to support and enhance the skills of entrepreneurs (the “Services”). In order to access and use the Services, you must establish an account (the “Account”). When available, you may also use an approved third party social networking service, such as Facebook or Google (“SNS Account”), to register through its registration page and you will be obligated in respect to and of its registration process. You can deactivate the connection between the Site and your SNS Account by contacting us. We will attempt to delete any information stored on our servers that was obtained through such SNS Account.

   1.2 You must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form and must keep all information in your account, including email address, up to date. By registering an Account, you represent and warrant that: (1) all registration information you submit when opening your Account will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update your Account information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site and the Services will not violate any applicable law or regulation.

   1.3 If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Site (or any portion thereof).

   1.4 You may delete your Account at any time. Any information and data entered into the Services may be permanently deleted if you delete the Account, provided we may retain certain information as required to comply with our legal obligations, resolve disputes and enforce our agreements (unless we are instructed otherwise).

2. PURCHASES AND PAYMENTS

   2.1 You agree to provide current, complete, and accurate purchase and Account information for all purchases made via the Site. You further agree to promptly update your Account and payment information, including email address, payment method, and your payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

   2.2 We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same Account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or competitors.

   2.3 Unless otherwise set forth in any purchase order or marketing materials, all products and services available for sale through the Site and Services are non-cancellable and non-refundable.

3. USER OBLIGATIONS AND RESTRICTIONS.

   3.1 In connection with your use of the Site, you agree to comply with all applicable laws, rules and regulations, including those regarding data privacy and intellectual property rights.

   3.2 You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

   3.3 You must not misuse the Site or the Services. As a user of the Site, you agree not to: (i) systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; (ii) make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; (iii) circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein; (iv) trick or mislead us and other users, especially in any attempt to learn sensitive Account information such as user passwords; (v) use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise; (vi) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site; (vii) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site; (viii) disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site or use the Site in a manner inconsistent with any applicable laws or regulations.

4. USER-GENERATED CONTRIBUTIONS.

   4.1 The Site and the Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions“). Contributions may be viewable by other users of the Site.

   4.2 When you create or make available any Contributions, you thereby represent and warrant that: (i) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party; (ii) you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms; (iii) you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms; (iv) your Contributions are not false, inaccurate, or misleading; (v) your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation; (vi) your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us); (vii) your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone; (viii) Your Contributions do not violate any applicable law, regulation, or rule; (ix) your Contributions do not violate the privacy or publicity rights of any third party. Any use of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site.

   4.3 By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your Account from the Site to any SNS Accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, store, publicly display and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. Such use and distribution may occur in any media formats and through any media channels.

   4.4 We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. You expressly agree to indemnify and hold us harmless from any and all liability with respect to your Contributions and to refrain from any legal action against us regarding your Contributions.

5. THIRD-PARTY WEBSITES AND CONTENT

   5.1 The Site may contain (or you may be sent via the Site) links to third party products, services, coaches, consultants, experts, or websites (“Third-Party Services”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

   5.2 Such Third-Party Services and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Services accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Services or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Services or any Third-Party Content does not imply approval or endorsement thereof by us.

   5.3 If you decide to leave the Site and access the Third-Party Services or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site.

   5.4 From time to time, we may participate in affiliate marketing and may allow affiliate links to be included on the Site. This means that we may earn a commission if/when you click on or make purchases via affiliate links. You acknowledge that you will not rely on any recommendation, reference, or information provided by us but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service. Any purchases you make through Third-Party Services will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Services and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Services.

6. INTELLECTUAL PROPERTY RIGHTS

   6.1 Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site, including, without limitation, the Courses and the Free Content (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

   6.2 Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

   6.3 As part of the Services, we provide various courses, programs, and associated material (collectively the “Courses”) for sale on the Site. By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without our express written consent. You further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.

   6.4 In addition to paid materials, we may make various resources available on the Site, which users may access by just providing an email address (the “Freebie Content”). By downloading the Freebie Content, you agree that the Freebie Content you download may only be used by you for your personal or business use and may not be sold or redistributed without our express written consent. You further agree that you shall not create any derivative work based upon the Freebie Content and you shall not offer any competing products or services based upon any information contained in the Freebie Content.

   6.5 All rights not expressly granted to You under these Terms are reserved by us. We reserve all rights, title and interest to the Site, the Services, the Content and any of their related intellectual property rights. The Terms do not convey to you an interest in or to our intellectual property rights. Nothing in the Terms constitutes a waiver of our Intellectual Property Rights under any law.

   6.6 To the extent You provide us any feedback, comments or suggestions (“Feedback”), you grant us a royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Site and the Services or any of our current or future products or services.

   6.7 We respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”) and other applicable laws, we have adopted a policy of, upon notice, restricting access to or deleting content that infringes a third party’s copyright and, in appropriate circumstances and in our sole discretion, terminating account holders or other users of the Site and Services who are deemed to be repeat infringers of a third party’s copyrighted work. If you believe that anything on the Site or Services infringes any copyright that you own or control, you may file a notice of such infringement, in compliance with the requirements of 17 U.S.C. 512(c)(3), with our designated agent at: tiffany@fidelisvirtual.com.  To file a notice of infringement with us, the requirements specified in Title II of the DMCA must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website, located at: https://www.copyright.gov.

7. TERM AND TERMINATION. These Terms commence on the date you first accept them and will remain in effect until these Terms are terminated. You may stop using the Site and the Services at any time and you may delete your Account. We may suspend or terminate your access to the Services at any time at our discretion and without notice if You do not comply with these Terms. If you wish to terminate your Account, you may do so by contacting tiffany@fidelisvirtual.com. If you terminate your Account, your data will be removed from the Service, however, deletion may not be immediate and we may continue keeping your personal information in its records for audits and other administrative purposes. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Intellectual Property Rights, Disclaimers, Limitation of Liability, and Miscellaneous sections, will survive the termination or expiration of the Terms.

8. DISCLAIMER

   8.1 The information contained on the Site, Services and in any Content are for educational and informational purposes only and is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.

   8.2 You acknowledge that we have not made any guarantees about the results of taking any action, whether recommended on the Site or not. We provide educational and informational resources that are intended to help you succeed, however, you represent and warrant that you understand that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond our control and/or knowledge.

   8.3 You also represent and warrant that you understand that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of ours or otherwise – applying the principles set out in the Site, Services and Content are no guarantee that you or any other person or entity will be able to obtain similar results.

   8.4 Security measures have been implemented to ensure the safety and integrity of the Services. However, despite this, information that is transmitted over the Internet may be susceptible to unlawful access and monitoring. We give no guarantee of any kind concerning our Content, our Site or our Services. We reserve the right to discontinue any products or services at any time for any reason. Prices for all products and services are subject to change. We reserve the right to change, modify, or remove the contents of the Site and Services at any time or for any reason at our sole discretion without notice.

   8.5 EXCEPT AS EXPRESSLY STATED HEREIN, THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS, AND WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF SERVICE, WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD PARTY HOSTING PROVIDERS. OTHER THAN AS EXPRESSLY STATED IN THE TERMS WE DO NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF DEFECTS.

   8.6 At various places on the Site, you may find testimonials from clients and customers of the products and services offered on the Site. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on the Site. Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on the Site.

9. LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR (I) INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR (II) LOSS OF PROFITS OR REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR TO THE SITE OR SERVICES EXCEED AN AMOUNT OF US$100.00.

10. INDEMNIFICATION. You will indemnify, defend, and hold harmless, us and our affiliates, resellers, employees and agents from and against all liabilities, damages, and costs (including reasonable attorneys’ fees) arising out of any claim, demand, suit or proceeding by a third party alleging that your Contributions or your use of the Services infringes or misappropriates a third party’s intellectual property rights or violates applicable law or that your use of the Services is in violation of these Terms.

11. USER DATA. We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

12. MISCELLANEOUS.

    12.1 The parties hereto are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of us.

    12.2 These Terms are governed by the laws of the State of Israel excluding rules as to choice and conflicts of law and the courts in the Hamilton, Bermuda will have exclusive jurisdiction; however, we may bring suit for payment in the country where you are domiciled.

    12.3 Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.

    12.4 If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.

    12.5 No waiver by us of a breach of any of the provisions of terms of these Terms shall be construed as a waiver of any preceding or succeeding breach of any of the provisions of these Terms. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between us.

    12.6 These Terms contain the entire agreement between us and you regarding you use of the Services and supersedes any and all prior agreements between us and you in relation to the same. You confirm that, in agreeing to accept these Terms, You have not relied on any representation except as has expressly been made by us in these Terms.

    12.7 You may not assign your rights or delegate your obligations under these Terms without our prior written consent. Any purported assignment contrary to this section will be null and void. We may assign our obligations hereunder.

    12.8 There are no third-party beneficiaries to these Terms. Without limiting this section, Users are not third-party beneficiaries to your rights under these Terms.