Terms
TERMS OF USE: Abundance Party
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE REGISTERING FOR THE ABUNDANCE PRACTICE-BUILDING PARTY MEMBERSHIP WEBSITE.
By using this membership website, you agree to fully comply with and be bound by the following Agreement each time you use this membership website. If you do not agree to these Terms of Use, please do not use the website.
Overview
Effective Date: August 4, 2017
Updated: April 17th, 2020
Updated May 11th, 2020
Updated June 1st, 2020
Updated September 1st, 2020
These Terms of Use (“Terms”) represent a legal document for the Abundance Practice-Building’s Abundance Practice Building Party membership website (“Member Website”). By using our Membership Website, you agree to fully comply with and be bound by the following Agreement each time you use our Membership Website. Please review the following terms carefully.
Definitions
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 Terms:
Payment for the Membership Website is $29 per month if you purchased a membership on or before August 18, 2017. Current and previous Abundance Practicing-Building Group, NEXT Participants, Inner Circle graduates, or individual consulting clients of Abundance Practice-Building (“Individual Consulting Clients”) will be able to pay $29 per month at any time. After August 18, 2017, membership for the Abundance Party will be $39 per month. After May 14th, 2019, membership for the Abundance Party will be $49.00 a month to all new purchasing clients.
Payments will be automatically deducted from your account each month. By registering for our Membership Website, you are authorizing Abundance Practice-Building to automatically debit or charge the credit or debit card you provided when you registered for this the Membership Website.
Registration for the Abundance Practice-Building Party membership is for a minimum of 6 months from the date you register, for a total of $294.00 over a six month period. Abundance Practice-Building will automatically charge your debit or credit card for at least six months after your registration. By registering for our Membership Website, you are authorizing Abundance Practice-Building to charge your debit or credit card for at least six months – even if you cancel your membership. If you wish to leave the membership early before the end of the 6-month commitment or remove your payment type without replacing it with a functional payment type, you're agreeing to pay Abundance remaining balance up to $294.00.
You represent and warrant that if you are purchasing something from us, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
Refund Policy:
Once you have registered for the Membership Website – WE WILL NOT ISSUE ANY REFUNDS.
Membership Term:
Membership will last for at least six consecutive months. After six months, you may cancel your membership by contacting our HelpDesk and giving 30 days notice of your cancellation. Cancellations sent via email, text message, social media direct message or social media tag are not honored and will be redirected to the HelpDesk.
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: Scripts & Templates for Counselors in Private Practice eCourse; (2) Marketing Fundamentals eCourse; (3) One Monthly training session; (4) and the private Facebook community.
Guest Content:
Guests are vetted to meet Abundance Practice Building standards of best practices in regards to their state licensure requirements. Guests appearing on the podcast or in 1:1s for consultation are in the process of building their practices and are learning and adapting to build their ideal practice in-line with their state license regulations. Views shared on a guest's personal social media are not affiliated with Abundance Practice Building, nor is Abundance Practice Building responsible for any guests' personal or professional actions, behaviors, or beliefs expressed outside of the Abundance Party, Inner Circle or Abundant Practice Podcast. Abundance Practice Building reserves the right to remove from our site, social media accounts, or ancillary hosting services, any content, comment, post, or guest's views that coincide with illegal therapeutic practices, hate speech including racist or homophobic language, or such language that puts current and past clients of Abundance Practice Building at Risk. Removal of this content is at our discretion. Abundance Practice Building is not a governing or licensing body; report clinical or ethical misconduct accordingly to the appropriate authorities to ensure client and patient safety.
Use:
Use of the Membership Website including all materials presented herein and all online services provided by us are subject to the following terms. These Terms apply to all members registered for this Membership Website and the service therein. By using the Membership Website or Services, you agree to these Terms, without modification, and acknowledge reading them. Any member who does not abide by the rules of the Abundance Practice-Building Party Facebook Community rules will be terminated from the Community without refund. Such individuals will continue to have access to other membership materials.
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 [email protected].
Eligibility and Registration for Membership:
To use our Services you must register with our Membership Website to become a Member. 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.
Community Engagement:
Abundance Practice Building has a zero-tolerance policy for harassment including bullying, racial hate speech, homophobia, or any demeaning or harassing language in any of our online communities (Abundance Party Facebook Group, Abundance Practice Builders Facebook Group, Abundance Practice Building Instagram) via messenger, or email. This includes and extends to hostile and aggressive language towards other Abundance Practice Building clients or staff members. Clients found exhibiting this behavior will be removed from the program and blocked from all future Abundance Practice Building services.
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.
It is the users' responsibility to understand the operating systems of their own personal hardware including laptops, desktops, tablets, and personal hand-held devices. Abundance is not responsible for providing computer literacy assistance/training or resolving any customer access issues caused as a result.
Limited License:
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.
Lawful Purposes
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.
Privacy Policy
Our Privacy Policy is considered part of this Agreement and available on this website. You must review our Privacy Policy by clicking on this link. If you do not accept and agree to being bound by these Terms, including the www.abundancepracticebuilding.com Privacy Policy, do not use this Membership Website or our Services.
Choice of Law and Jurisdiction
These Terms will be treated as if it were executed and performed in Asheville, North Carolina, and will be governed by and construed in accordance with the laws of North Carolina without regard to conflict of laws provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Membership Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Dispute Resolution
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.
Unlawful Activity
We reserve the right to investigate complaints or reported violations of these Terms and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Links to Other Websites
Our Membership Website may from time to time contain links to third party websites. Inclusion of links for any website on our Membership Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites. Abundance Practice Building has no control over the privacy practices of third party websites; you access any third-party websites at your own risk. We recommend that you review the privacy policy and terms and conditions of those sites to fully understand what information is collected and how it is used.
Indemnification
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of our Membership Website or Services.
Severability and Survival
Should any part of these terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
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.
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.
Changes to Our Terms and Conditions
We reserve the right to change these Terms of Use at any time by giving you advanced notice of the changes by email or in writing. We will also post these changes on our Membership Website. These changes will become effective 30 days after receiving the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms of Use, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Membership Website, Services and products after any change to these Terms of Use and notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms of Use, you can choose to discontinue the use of our Membership Website, Services, and products.
