Effective Date: September 10th, 2020
The terms “we”, “us”, and “our” refer to Abundance Practicing-Building. The term “Site” refers to abundanceptracticebuilidng.com. The term “user,” “you” and “your” refers to members of the site.
All text, information, graphics, design, photos, images, materials, documents, data and intellectual property accessible on or offered through our Membership Website or Services, are collectively known as our “Content” is our property and is protected by the United States intellectual property laws.
Payment for WHAT TO SAY WHEN YOU’RE GETTING STARTED is a one-time purchase of $49.00.
Payments will be automatically deducted from your account at the time of purchase. By registering for our WHAT TO SAY WHEN YOU’RE GETTING STARTED, you are authorizing Abundance Practice-Building to automatically debit or charge the credit or debit card you provided.
Once you have registered for WHAT TO SAY WHEN YOU’RE GETTING STARTED– WE WILL NOT ISSUE ANY REFUNDS.
Access to Materials
By registering for the Membership Website, you will have access to the following materials (“Services”) for as long as you are a registered member: (1) What to Say When You’re Getting Started.
Intellectual Property Rights
The Site and/or Service contain intellectual property owned by Abundance Practice-Building, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Abundance Practice-Building name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” Your use of our Membership Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Abundance Practice-Building.
You are permitted to enjoy the Services of the Membership Website for your personal, non-commercial use. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site, Service, Content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you are found to be violating this intellectual property policy.
Our content, as found within our Membership Website and Services, is protected under United States intellectual property rights laws. Copying, redistribution, use or publication for commercial use by you of any such Content is a violation of our intellectual property rights. Your use of our Membership Website and Services does not grant you any ownership right to our Content.
Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made before you use Content by sending an email to firstname.lastname@example.org.
Eligibility and Registration for Use
To use our Services you must register with our Membership Website to become a Member. “Member” is considered any individual who has access to the Kajabi product hosting site. Your Membership is not transferable or assignable and is void where prohibited. Our Membership Website and Services are intended solely for Users who are at least (18) years of age or older. Any registration by, use of, or access to our Membership Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Membership Website and/or Services you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. [Our Company] has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration with or without explanation.
When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Membership Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Membership Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Membership Website will be correct, accurate, timely, or otherwise reliable.
We grant you a nonexclusive, nontransferable, revocable license to access and use our Membership Website and Services strictly in accordance with this Agreement. Your use of our Membership Website and Services are solely for internal, personal, noncommercial purposes, unless otherwise provided in this Agreement. No printout or electronic version of any part of our Membership Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Your License to Us
You grant us a license to use the information and materials you post to our Membership Website. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Visitor Content”) to our Membership Website, you are granting us and any affiliates, a license to use the Visitor Content in connection with the operation of our business, including without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat your Visitor content. You understand and agree that you will not be compensated for any Visitor Content. By posting Visitor Content on our Membership Website or Service, you warrant and represent that you own the rights to the Visitor Content or are authorized to post, display, distribute, perform, or transmit Visitor Content.
You may use the Site and/or Service for lawful purposes only. You agree to use the Site and/or Service and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site and/or Service any material which violates or infringes the rights of others, encourages conduct that would constitute a crime or for fraudulent purposes.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Abundance Practice-Building.
Any legal controversy or claim arising from or relating to these Terms and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to website operations, intellectual property, will begin with an attempt to resolve any dispute, claim or controversy by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures. The exclusive venue of any dispute resolution will be conducted in Asheville, North Carolina. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Asheville, North Carolina necessary to protect the rights or property of you and us pending the completion of arbitration.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, ABUNDANCE PRACTICE-BUILDING IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF ABUNDANCE PRACTICE-BUILDING HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ABUNDANCE PRACTICE-BUILDING’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM THE SITE, AND IF NO PURCHASE HAS BEEN MADE BY YOU ABUNDANCE PRACTICE-BUILDING’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $150.
No Warranty or Liability
The information presented on abundanceparty.com is provided “as is” and “as available,” without representation or warranty of any kind. Abundance Practice-Building does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed. It is recommended that you check with a lawyer or your state licensure authority to ensure that any scripts or templates provided meet your state licensure requirements. It is the member’s responsibility to check with a lawyer or supervising clinician to determine if any scripts or templates provided meet their state of practice licensing requirements.
You agree that Abundance Practice-Building is not liable to you or others, in any way or for any damages of any kind, arising from the use of abundanceparty.com, including, but not limited to, liability or damages caused by viruses contained within electronic files of this site or any linked site, regardless of prior notice to our office.