Website Terms & Conditions

 

SECTION 1 — INTRODUCTION AND ACCEPTANCE OF TERMS

 

1.1 Agreement to the Terms

These Terms & Conditions (“Terms”) govern your access to and use of the ClarksRetailEdge LLC website, located at www.clarksretailedge.com, and the associated booking system, online forms, digital materials, and related web-based environments (collectively, the “Site”). By accessing the Site, submitting a booking request, clicking “I Agree” or any equivalent acknowledgment, or otherwise using any portion of the Site, you agree to be bound by these Terms and by our Privacy Policy, each of which forms a legally binding agreement between you and ClarksRetailEdge LLC (“ClarksRetailEdge,” “we,” “us,” or “our”).

If you do not agree to these Terms, you must not use the Site.

 

1.2 Relationship to the Master Services Agreement

Use of the Site does not create a coaching or consulting relationship. If ClarksRetailEdge approves a booking and you proceed to engage Services, your relationship with ClarksRetailEdge will be governed by a separate Master Services Agreement (“MSA” ), together with any applicable Order, each of which is incorporated into these Terms by reference solely to the extent relevant. In the event of conflict, the governing hierarchy is: (1) the Order, (2) the MSA, and (3) these Terms.

 

1.3 Authority and Capacity

By using the Site, you represent that you are at least 18 years of age and capable of entering into binding legal agreements. If you use the Site on behalf of a business entity, you represent that you have full legal authority to bind that entity.

 

1.4 Availability and Modifications

ClarksRetailEdge may modify, update, suspend, restrict, or discontinue any aspect of the Site at any time without liability. We may update these Terms to reflect legal or operational changes. Updated Terms become effective upon posting to the Site. Continued use constitutes acceptance.

 

1.5 Location of Operations

The Site is operated from the United States. ClarksRetailEdge does not guarantee that the Site is appropriate or available for use in every jurisdiction. Accessing or attempting to book Services from jurisdictions identified as “Ineligible Jurisdictions” in Exhibit B of the MSA is strictly prohibited.

 

Use of VPNs, masked IP addresses, alternate email addresses, or other methods to circumvent jurisdictional restrictions constitutes a material breach of these Terms.

 

1.6 Retention of Terms

You acknowledge that you receive these Terms in a durable and retainable form consistent with the Electronic Signatures in Global and National Commerce Act (ESIGN) and the California Uniform Electronic Transactions Act (UETA)

 

SECTION 2 — DEFINITIONS AND SCOPE OF THE SITE

 

2.1 Defined Terms

Capitalized terms used but not defined in these Terms have the meanings assigned in the MSA. For clarity, the following definitions apply specifically to Site usage:

 

• “Site” means the website, booking system, forms, pages, and digital features operated by ClarksRetailEdge.

• “Booking Request” means a submission through the Wix-powered booking platform requesting a Session or program.

• “Services” means coaching, consulting, leadership development, KPI analysis, performance strategy discussions, and related offerings that may only be delivered through separate written acceptance by ClarksRetailEdge.

• “Provider Materials” means frameworks, worksheets, templates, diagrams, recaps, Excel models, videos (including AI-generated content), and all intellectual property displayed or shared through the Site.

• “Client Data” means any information submitted by you through the Site, including intake details, KPIs, business metrics, goals, jurisdiction information, or scheduling details.

• “AI Companion” means any artificial intelligence notetaking or summarization feature activated within the Zoom platform for internal administrative continuity.

• “Ineligible Jurisdictions” means all EU Member States and any other jurisdictions listed or later designated in Exhibit B of the MSA.

 

2.2 Scope of the Site

The Site allows users to:

1. view general information about ClarksRetailEdge;

2. submit Booking Requests;

3. complete intake forms;

4. receive automated or manual communications; and

5. access limited informational materials.

 

The Site does not:

• create a professional relationship;

• guarantee eligibility for Services;

• guarantee approval of any Booking Request;

• provide legal, tax, financial, compliance, accounting, or regulated advice; or

• provide any coaching or consulting output unless an Order is accepted under the MSA.

 

2.3 No Professional Services on the Site Itself

 

All content on the Site is informational only and is not tailored advice. ClarksRetailEdge expressly disclaims any representation that the Site alone provides business, financial, operational, or compliance guidance.

 

SECTION 3 — ELIGIBILITY, ACCESS, AND USER REPRESENTATIONS

 

3.1 Minimum Age

Use of the Site is permitted only for users aged 18 or older. ClarksRetailEdge does not knowingly collect information from minors and will delete any information inadvertently collected.

 

3.2 Accurate Information

You represent that all information submitted through the Site—including jurisdiction, contact details, business information, and data disclosures—is true, current, and complete. ClarksRetailEdge may rely on this information to determine eligibility, compliance risk, and booking approval.

 

Providing inaccurate, incomplete, or misleading information is a material breach of these Terms.

 

3.3 Eligibility Restrictions and Ineligible Jurisdictions

You may not use the Site or request Services if you are located in, resident in, or accessing the Site from any Ineligible Jurisdiction, including all EU Member States. This restriction applies even if you attempt to mask your location.

 

3.4 Site Access Restrictions

ClarksRetailEdge may restrict or terminate your access to the Site, with or without notice, if it determines that such access presents legal, regulatory, reputational, operational, or scheduling risks, or if your conduct violates these Terms.

 

3.5 No Automated Access

You may not use bots, crawlers, scripts, or automation to access or use the Site. All Booking Requests must be submitted manually through the intended user interface.

 

 

SECTION 4 — BOOKING REQUESTS, APPROVALS, PAYMENTS, AND CANCELLATIONS

 

4.1 Booking Requests Are Not Automatically Accepted

All Booking Requests submitted through the Site initiate an approval review only. They do not create a binding appointment, contract, or obligation unless and until ClarksRetailEdge issues a written approval through Wix or email. Automated confirmations, calendar placeholders, or preliminary messages are not acceptance.

 

4.2 Mandatory Information and Accuracy

You must provide all required information in the booking form, including jurisdiction of residence, accurate contact information, business status, and any intake questions. ClarksRetailEdge reasonably relies on this information to determine eligibility.

Submission of false, incomplete, or misleading information constitutes a material breach of these Terms and may result in denial of the request or permanent restriction from the Site.

 

4.3 Right to Approve or Deny Any Booking

ClarksRetailEdge may approve or deny any Booking Request for any reason or no reason, including:

1.  jurisdictional restrictions;

2.  tax compliance risks;

3.  scheduling limitations;

4.  prior conduct;

5.  data inconsistencies; or

6.  operational, regulatory, or reputational concerns.

 

If a request is denied, no appointment is created and no service obligation arises.

 

4.4 Payment Requirements Upon Approval

If a Booking Request is approved, payment must be submitted exclusively through the authorized Wix payment link or invoice issued by ClarksRetailEdge.

Payments made through altered, outdated, or unofficial links are invalid and may be rejected.

 

4.5 Currency and Exchange Rates

All fees are denominated in U.S. Dollars. Your financial institution may apply foreign exchange rates or transaction fees, which are solely your responsibility. The USD amount received by ClarksRetailEdge is deemed the amount paid.

 

4.6 Taxes and Reverse-Charge Obligations

You are responsible for any applicable taxes arising from the Services. Business Clients outside the United States acknowledge that VAT/GST reverse-charge rules may apply and agree to self-assess and remit any such taxes under their jurisdiction’s laws. ClarksRetailEdge does not represent that Services are exempt from state or local taxes; customers remain responsible for determining any applicable obligations.

 

4.7 Cancellations and Refunds

(a) Cancellations by Clients

Cancellations must be made at least 24 hours prior to the scheduled Session. Timely cancellations may be eligible for refund.

Cancellations made within 24 hours, or no-shows, are not refundable.

Consumer protection rights that cannot be waived remain available.

 

(b) Cancellations by ClarksRetailEdge

ClarksRetailEdge may cancel any approved Session due to:

• compliance concerns;

•  jurisdictional discovery;

• payment issues;

• technology failures; or

• inability to safely or effectively deliver Services.

If cancellation occurs for reasons unrelated to your breach, unearned fees will be refunded.

 

4.8 Chargebacks

You agree not to initiate chargebacks for any properly charged and delivered Services. If a chargeback is initiated in violation of these Terms and later reversed, you must reimburse ClarksRetailEdge for related third-party fees and reasonable administrative expenses.

 

4.9 Rescheduling

You may reschedule a Session at least 12 hours before its start time.

Late reschedules (under 12 hours) are treated as cancellations and are not refundable.

 

SECTION 5 — PERMITTED AND PROHIBITED CONDUCT ON THE SITE

 

5.1 General Conduct Requirements

You must use the Site in a lawful, respectful, and responsible manner. You agree not to harm, degrade, or interfere with Site functionality or integrity.

 

5.2 Prohibited Conduct

You may not, under any circumstances:

 

1. Submit false or misleading booking, jurisdiction, or identity information;

2. Access the Site from an Ineligible Jurisdiction or use VPN masking to bypass restrictions;

3. Copy, scrape, harvest, reproduce, or reverse engineer any portion of the Site;

4. Upload or transmit malware, malicious code, or harmful scripts;

5. Disrupt or impair the functionality of the Site or booking system;

6. Engage in automated access (bots, crawlers, scripts);

7. Attempt to gain unauthorized access to systems, accounts, or data;

8. Share, upload, or attempt to distribute Provider Materials; or

9. Violate any applicable law.

 

5.3 Enforcement

ClarksRetailEdge may, at its discretion, restrict or terminate access, deny future bookings, block IP addresses, or take any other reasonable action to preserve Site integrity or ensure compliance. Enforcement decisions are final.

 

SECTION 6 — INTELLECTUAL PROPERTY, MATERIALS, AND SITE CONTENT

 

6.1 Ownership of Provider Materials

All Provider Materials—including frameworks, diagrams, worksheets, training tools, Excel models, videos (including AI-generated assets), and all underlying IP—are the exclusive property of ClarksRetailEdge, even when displayed or shared during Sessions or previewed on the Site.

 

6.2 Limited License

You receive a limited, non-exclusive, non-transferable, revocable license to view Provider Materials solely for your internal use in connection with approved Sessions. No ownership rights transfer.

 

6.3 Prohibited Uses of Provider Materials

You may not:

 

1. Copy, distribute, share, publish, or disclose Provider Materials to any third party;

2. Modify or create derivative works from Provider Materials;

3. Use Provider Materials for coaching, consulting, training, employment, or commercial purposes;

4. Upload Provider Materials to AI systems, machine-learning tools, or automated training environments;

5. Record, screenshot, or otherwise capture Site content or Session displays without express written permission.

 

6.4 Client Data

Client Data remains your property. ClarksRetailEdge may use Client Data only to provide Services, maintain internal quality, or create anonymized insights that do not identify you.

 

6.5 DMCA Compliance

If you believe Site content infringes your copyright, you may submit a DMCA notice to:

ClarksRetailEdge LLC — ClarksRetailEdge@gmail.com.

ClarksRetailEdge may remove allegedly infringing content and may terminate access for repeat infringers.

 

 

SECTION 7 — SESSION RECORDING, AI COMPANION, AND PRIVACY DISCLOSURES

 

7.1 No Client Recording Permitted

You may not record, screenshot, transcribe, or preserve any portion of a Session—audio, video, screenshare, visuals, chat logs, or materials—without express written permission from ClarksRetailEdge.

 

7.2 AI Companion Usage

Sessions may use Zoom’s AI Companion or similar tools to generate internal administrative notes.

By participating in a Session, you consent to the use of this AI Companion solely for:

 

• internal continuity,

• administrative recap,

• quality assurance.

 

These outputs are not Deliverables unless expressly provided.

 

7.3 Transparency Notice

Zoom may display automated notifications that AI tools are active. These platform notices do not modify ClarksRetailEdge’s confidentiality commitments.

 

7.4 Retention of AI Companion Notes

AI Companion outputs may be retained internally for up to one year for administrative, quality, and compliance purposes.

 

AI Companion outputs are not used for profiling or automated decision-making.

 

7.5 No Duty to Monitor

ClarksRetailEdge does not monitor Sessions for quality or content beyond administrative tools and does not provide recordings to Clients

 

SECTION 8 — DISCLAIMERS OF WARRANTIES

 

8.1 Site Provided “As Is”

The Site is provided “as is,” “as available,” and “with all faults.”

To the maximum extent permitted by law, ClarksRetailEdge disclaims all warranties—express, implied, statutory, or otherwise—including merchantability, fitness for a particular purpose, non-infringement, accuracy, and reliability.

 

8.2 No Guarantees of Outcomes

Nothing on the Site guarantees any business, performance, financial, operational, leadership, staffing, or KPI outcomes. Coaching and consulting discussions are educational and illustrative only.

 

8.3 No Legal, Financial, Tax, or Compliance Advice

The Site does not provide and must not be relied upon for legal, tax, accounting, financial, employment, or compliance guidance.

 

8.4 No Duty to Monitor User Submissions

ClarksRetailEdge does not verify Client Data and is not responsible for inaccuracies or omissions.

 

SECTION 9 — LIMITATION OF LIABILITY

 

9.1 Maximum Liability Cap

To the maximum extent permitted by law, ClarksRetailEdge’s total liability for any claim arising from Site use shall not exceed USD $100.

 

9.2 Exclusion of Damages

ClarksRetailEdge is not liable for any indirect, incidental, consequential, special, punitive, exemplary, or similar damages, including lost profits, data, goodwill, or business interruption.

 

9.3 Consumer Rights

Nothing in these Terms limits rights that cannot legally be waived under applicable consumer-protection statutes.

 

SECTION 10 — INDEMNIFICATION

 

To the fullest extent permitted by law, you agree to indemnify and hold harmless ClarksRetailEdge LLC and its members, officers, employees, contractors, and agents from any claim, loss, liability, damage, or expense (including reasonable attorneys’ fees) arising from:

 

1. your use of the Site;

2. your violation of these Terms or applicable law;

3. misuse of Provider Materials;

4. inaccurate or misleading information submitted through the Site;

5. attempts to access the Site from Ineligible Jurisdictions;

6. unauthorized recording or disclosure of Session content.

 

This indemnity applies only to the extent permitted by applicable law and does not require you to indemnify ClarksRetailEdge for claims arising from ordinary, lawful consumer use of the Site.

 

This indemnity also does not apply to claims arising solely from ClarksRetailEdge’s gross negligence or willful misconduct.

 

SECTION 11 — ARBITRATION, CLASS WAIVER, GOVERNING LAW, AND DISPUTE RESOLUTION

 

11.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflicts-of-law principles.

 

11.2 Mandatory Individual Arbitration

Except where prohibited by law, any dispute arising out of or relating to these Terms or Site use will be resolved exclusively through binding individual arbitration administered by JAMS or the American Arbitration Association, held in Los Angeles County, California, or conducted remotely by agreement.

 

11.3 Class Action Waiver

All arbitration and court proceedings must occur only on an individual basis.

No class, collective, representative, or consolidated actions are permitted.

 

11.4 Small Claims Carve-Out

Either party may bring an individual claim in small claims court if jurisdictionally permitted.

 

11.5 Public Injunctive Relief

Nothing in these Terms waives non-waivable rights to seek public injunctive relief consistent with McGill v. Citibank (2017).

 

11.6 Informal Resolution First

Before initiating arbitration, you must submit a written notice of dispute to ClarksRetailEdge@gmail.com and attempt good-faith resolution for 30 days.

 

 

SECTION 12 — TERMINATION, ACCESS RESTRICTIONS, AND SURVIVAL

 

12.1 Termination of Access

ClarksRetailEdge may restrict or terminate your access to the Site at any time if:

1. these Terms are violated;

2. jurisdictional or compliance issues arise;

3. inaccurate data is submitted;

4. security concerns emerge.

 

12.2 Effect of Termination

Upon termination, your right to use the Site ceases immediately.

ClarksRetailEdge may retain certain internal records as required by law or for operational continuity.

 

12.3 Survival

Sections relating to:

• Intellectual Property,

• Disclaimers,

• Limitation of Liability,

• Indemnification,

• Arbitration,

• Governing Law, and

• Site Conduct

• survive termination.

 

 

SECTION 13 — CONTACT INFORMATION

 

For questions about these Terms, contact:

 

ClarksRetailEdge LLC

Palmdale, California 93551

Email: ClarksRetailEdge@gmail.com

Mailing Address:

38713 Tierra Subida Ave., Suite 200-222

Palmdale, CA 93551

United States