TERMS AND AGREEMENTS
Terms and Agreements
Words You Need to Understand
“Agreement” or “contract” means all of: the documents which you and the Business have signed and the Credit Card Authorization Form you have signed.
“Client” or “you” means any purchaser, client and/or user of any of our Programs, Products, Services and Program Materials.
“Business”, “we”, “us” or “me” means Abundance Academy Inc.
“Programs, Products, Services and Program Materials” mean any paid program or service, group course or program including but not limited to a mastermind, e-course, downloadable information product, e-book, or other service or course where we provide content for educational and informational purposes that is not permitted to be reproduced or used in your own business for commercial use or in a way that earns you money. Programs, Products, Services and Program Materials may be delivered in ways including but not limited to in-person, phone, Zoom, Skype, webinars, masterclasses, Facebook Live Videos, videos, audios, books, e-books, social media, blog articles, or otherwise in a variety of settings such as individual coaching sessions, individual consulting sessions, group programs including but not limited to masterminds, classes, workshops, events, retreats, seminars, or trainings. What you can specifically expect from any program will be included in the sales or information page for said program.
“Program Materials” mean any video, audio, printed or written text or work including but not limited to drafts, online or printed documents, or other materials created by us that are provided to you for your educational and informational purposes or through our Programs, Products, Services and Program Materials.
“Improper and/or Unauthorized Use” includes and is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium any Program Materials or any other information accessed or purchased through our Programs, and Services for your own business
or commercial use or in any way that earns you money or that you trade for valuable consideration.
How You May Use Our Programs, Products, Services and Program Materials
Intellectual Property Rights
Our Limited License to You
Our Programs, Products, Services and Program Materials are our property or are used by us with authorization from the owner, and are protected by copyright, trademark, and other intellectual property laws. This means you can only use and access our Programs, and Services, and Program Materials in the ways and to the extent we say you can, as described in greater detail in
the following paragraphs.
The content in our Programs, Products, Services and Program Materials is solely owned by or licensed to us, unless expressly indicated otherwise. This content includes, but is not limited to, the design, layout, look, appearance, graphics of our Programs, Products, Services and Program Materials or any other material or aspects of materials provided by us to you. Reproduction is
If you purchase or access any of our Program Materials or Products, you will be considered our Licensee. To clarify, all content obtained through us is solely and completely our property or is provided under a license granted to us, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means you may not use our
Programs, Products, Services and Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason unless you ask us in writing if you may do so, and we answer in writing and state that you may do so.
Information You Must Not Share with Others.
As a Licensee, you understand and acknowledge that our Programs, Products, Services and Program Materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from Improper and/or Unauthorized Use.
When you enroll in or purchase any of our Programs, Products, and Services, you agree that you are clearly and expressly prohibited from doing any of the following acts:
(a) You will not copy, share or steal our Programs, Products, Services and Program Materials or any parts of them.
(b) You will not in any way use, copy, adapt or represent any of our Programs, Products, Services and Program Materials or their content in any way as if they are yours or created by you.
(c) You will not engage in the Improper and/or Unauthorized Use of our Programs, Products, Services and Program Materials.
(d) You will not duplicate, share, trade, sell, or otherwise distribute our Programs, Products, Services and Program Materials to any other person, for their personal, business, or commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal, business or commercial use. This means you cannot share or sell any part of our Programs, Products and Services or Program Materials to another person or business, so they can copy, reproduce, sell and/or use them for their own personal, business or commercial use or in any way that earns them money or for valuable consideration. You are the only one granted a limited license to use our Programs, and Services, and Program Materials.
(e) You will not violate our intellectual property rights, including copyright and trademark rights by downloading, printing, or otherwise using our Programs, Products, Services and Program Materials for publication or compilation into your own, Programs, Services or Program Materials for your own personal, business or commercial use or in any way that earns you money.
(f) You will not use our Programs, Products, Services and Program Materials in a manner that constitutes an infringement of our rights or that we have not first approved in writing.
(g) You may not engage in Improper and/or Unauthorized Use of our Products, Program Materials or any other information related to our Programs, and Services.
Your License to Us
By posting or submitting any material on or through our Products, Programs, Products and Services or Program Materials such as comments, posts, photos, images or videos or other contributions, you are representing and warranting that you are the owner of all such materials and are at least 18 years old. Furthermore, you consent to the following:
(a) When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Programs, Products, Services and Program Materials , you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or in any medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Website, Programs, Products, and Services and/or Program Materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
(b) You also grant us, and anyone authorized by us, the right to identify you as the author of any of copy, comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind, and that we may elect to cease the use and display of any such contributions in our Programs, Products, Services and/or Program Materials in our sole discretion, at any time for any reason whatsoever.
By participating in our Programs, and Services, and using our Products and Program Materials, including on social media, you consent to photographs, videos, audio recordings, transcripts, copy or written or printed text that may contain you, your voice and/or your likeness, any we reserve the right to use them in our sole discretion in our current or future Programs, Products, Services, or Program Materials and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
No Solicitation of Clients
During the time when you are accessing our Programs, Products or Services and for a period of one year thereafter, you will not contact or solicit any designated clients of Larisa Makuch Coaching for the purpose of selling to the designated clients any programs, products, program materials and services which are the same as or substantially similar to, or in any way competitive with, the services provided by Abundance Academy Inc. at any point during the Period of this Agreement. For the purposes of this section, a “designated customer or client” means a person who was a customer or client of Abundance Academy Inc. before, during or after the period during which you are accessing our Programs, Products or Services
Diversity & Inclusion Policy
Abundance Academy Inc. and its community, Website, Programs, Products, Services and Program Materials offered are open and accessible to all ambitious and driven practitioners and coaches from anywhere in the world, from any background, culture or intersection and/or any intersectionality wanting to start and grow an online business. We value differences and diversity.
Our diversity policy is applicable—but not limited—to our practices and policies; training; promotions; programs; and the ongoing development of a platform built on the premise of diversity, equity and inclusion that encourages and enforces respectful communication and cooperation between all users of this platform and user contributions to the communities we serve to promote a greater understanding and respect for the diversity. All users of the platform have a responsibility to treat others with dignity and respect at all times. All users are expected to exhibit conduct that reflects inclusion. Any user found to have exhibited any inappropriate conduct or behavior against others may be subject to removal from our platform. Users who believe they have been subjected to any kind of discrimination that conflicts with our diversity policy should contact us at Larisa@LarisaMakuch.com.
Community and Commenting Policy
We welcome constructive and positive feedback and use the feedback received to improve our client experience. It is our priority to create an experience for our clients to ensure that they remain clients for the life-span of their career. We value our clients and community for the deep participation that occurs within the comment section of our website, private Facebook groups and other platforms. Here are some tips to consider when commenting:
• Read with your audience in mind: Is your comment appropriate for the community?
• Revise: Can I make this calmer and clearer? Can I be more concise?
• Support what you say: Can I make negative feedback more constructive? Can I elaborate further on positive feedback? Can I provide sources that support my claim?
• Review how you say it: Does my comment encourage a healthy discussion or is it going to put others on the defensive?
To help you avoid the frustrations of comment removal, here are some reasons your comment may be removed:
• Not appropriate for the platform;
• Inappropriate language;
• Excessive posting of the same comment or link;
• Aggressive solicitation of other members;
• Stereotyping, i.e. sweeping generalizations of any group or individual based on race, gender, religion, sexual orientation, ability or age. If you see something that you think may violate our guidelines, please help us by emailing: Larisa@LarisaMakuch.com. We will review these reports and work as quickly as possible to remove content that doesn’t meet our guidelines.
Request from You for Permission to Use Content We Have Created and Shared with You
Any request for written permission to use our Programs, Products and Services or Program Materials in whole or in part, or any other intellectual property or property belonging to us should be made IN WRITING – BEFORE YOU WISH TO USE IT. To ask for our permission, please contact us at the email address provided on the last page of these Terms and Conditions.
If you are granted permission by us, you agree to use the SPECIFIC CONTENT that we allow and ONLY in the ways for which we have given you our written permission.
If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such content from us, and you consent to immediately stop using such content and to take whatever actions as we may request and by the methods and in the time frame that we say and prescribe to protect our intellectual property and ownership rights in our Programs, Products, and Services or Program Materials.
Personal Responsibility and Assumption of Risk
You agree that you are using your own judgement in using our Programs, Products, Services and Program Materials, and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Programs, Products, Services and Program Materials. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Programs, Products, Services and Program Materials.
To the fullest extent permitted by applicable law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Programs, Products, Services and Program Materials , including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental distress, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, in law or in equity, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other program, products, service or Program Materials participant or user, including you.
Non-Therapeutic Care Disclaimer
You acknowledge that the Programs, Products, Services and Program Materials you will be receiving from your Coach are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. You also understand that your Coach is not acting as a mental health counsellor, therapist or a medical professional.
You acknowledge and agree that you are fully responsible for your well-being during your coaching sessions and subsequently, including your choices and decisions.
You acknowledge that coaching is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and you will not use it in place of any form of therapy.
You acknowledge that all comments and ideas offered by your Coach are solely for the purpose of aiding you in achieving the defined goals you create with your Coach. You have the ability to give your informed consent, and hereby give such consent to your coach to assist you in achieving such goals and understand that results are not guaranteed.
You acknowledge that to the extent our work together involves personal development, career or business, your Coach is not promising outcomes included but not limited to trauma recovery, personal introspection, increased personal happiness, career progression, profitability and/or business success.
You acknowledge that your Coach will protect your information as confidential unless stated otherwise in writing. Confidential information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) Is generally known to the public or in the Client’s industry; (c) Is obtained by the Coach from a third party, without breach of any obligations to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) Coach is required by statute, lawfully issued subpoena or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely of danger or harm to the Client or others; and (g) involves illegal activity.
Legal and Financial Disclaimer
Our Programs, Products, Services and Program Materials are not to be perceived OR relied upon in any way as business, financial or legal advice. The information provided through our Programs, Products, Services and Program Materials is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer, or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Programs, Products, Services and Program Materials. You are solely responsible for your results.
You acknowledge that we have not and do not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Program, Services or use of our Program Materials. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Programs, Products, Services and Program Materials, and you accept and understand the results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Programs, Products, Services and Program Materials. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
We make no warranties as to our Programs, Products, Services and Program Materials. You agree that our Programs, Products, Services and Program Materials are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant IN LAW AND IN EQUITY, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Programs, Products, Services and Program Materials will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Program, Products, Services, Program Materials or Copy or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
We try to ensure that the availability and delivery of our Programs, Products, Services and Program Materials is uninterrupted and error-free, including our content and communications through methods like our website, member forum, private Facebook groups, email communications, videos, audio recordings, Zoom calls, recorded Zoom calls, downloadable PDF handouts/slides, handouts, e-books, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Programs, Products, Services and Program Materials become unavailable or access to them becomes slower incomplete due to any reason such as system backup procedures, Internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs, Products, Services and Program Materials inaccessible to you.
We shall not be liable for any loss, damage or delay in fulfilling our obligations pursuant to this Agreement caused by or resulting from conditions or causes beyond our reasonable control including but not limited to power outages, riots, fire, flood, explosion, governmental controls or regulations, epidemics or other public health emergencies, civil insurrections, acts of terrorism, civil or military authority, and inability to obtain necessary supplies and materials or perform our obligations due to such causes.
Links to Other Websites
Indemnification, Limitation of Liability and Release of Claims
Limitation of Liability
We will not be held responsible or liable in any way for the information, or materials that you request or receive through or in our Programs, Products, Services and Program Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors or otherwise who are engaged in producing or rendering our Programs, Products, Services and Program Materials, or in any way. In the event that you use our Programs, Products, Services and Program Materials or any other information provided by us or affiliated with us, we assume no responsibility.
Release of Claims
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Programs, Products, Services and Program Materials , and you hereby release us from any and all such claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties, to the fullest extent allowable by applicable law.
You are agreeing that you will not use our Programs, Products, Services and Program Materials in any way that causes or is likely to cause the Programs, Products, Services and Program Materials or access to them either to be interrupted, damaged, or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to us. You must use the Programs, Products, Services and Program Materials for lawful purposes only.
Purchases and Online Commerce
Authorization and Permission
If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit card or debit card as payment for your Programs, Products, Services and Program Materials, without any additional authorization, for which you will receive an electronic receipt. Should you be provided with an invoice, you are required to manually pay it by the date due on the invoice, or your Programs, Products, Services and Program Materials will be put on hold and suspended until payment is made. You agree to only purchase our Programs, Products and Services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information. You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Programs, Products, Services and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
In the event that a chargeback, reversal of payment, or payment cancellation is initiated by you or we receive a chargeback threat, we reserve the right to report the incident to all three credit reporting agencies, or any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, payment date, payment amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
Sharing Information with Payment Processing Business
All information obtained during your purchase or transaction for our Programs, Products, Services and Program Materials, and all information that you give us is part of the transaction such as your name, address, method of payment, credit card number, and billing information, may be collected both by us and our payment processing Business. Payment processing companies and merchants may have privacy and data collection practices and policies that are different from ours, we have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Programs, Products, Services and Program Materials, you may be subject to the additional terms and conditions of the payment processing Business, merchant, or us that specifically apply to your purchase. For more information regarding a merchant and any terms and conditions that may apply, visit that merchant’s website or contact the merchant directly. You release us, our payment processing Business, and merchants from any damages that you incur, and agree not to assert any claims against us or them arising from your purchase or use of our Programs, Products, Services and Program Materials.
Your satisfaction with your Programs, Products, Services and Program Materials is important to us. Yet, because of the extensive time, effort, preparation, and care that goes into creating and/or providing our Programs, Products, Services and Program Materials, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs, Products, Services and Program Materials, and no refunds will be provided to you at any time. By using and/or purchasing any of our Programs, Products, Services and Program Materials, you understand and agree that all sales are final upon signing the contract, and that our fee is fully payable at that time, and no refunds will be provided.
You have the right to terminate your use of or participation in our Programs, Products, or Services, Program Materials and Copy at any time by contacting us IN WRITING, including by e-mail.
We reserve the right in our sole discretion to refuse or terminate your access to our Programs, Products and Services, Program Materials or Copy, in full or in part, at any time, without notice, by sending you an email to the email address you provided to us during registration or enrolment. In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.
Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Programs, Products and Services, and/or our Program Materials, including but not limited to our website, private forum, email communications, Facebook groups, Zoom calls, live webinars or conference calls, recordings of any such communications, or any other method of communications related to our Programs, Products, Services and Program Materials at any time without notice and in our sole discretion.
Dispute Resolution (excluding residents of the Province of Quebec)
It is hoped that should we ever have any differences, we will be able to work them out amicably through email correspondence and telephone conference calls. However, should we be unable to seek resolution within a reasonable time as determined in 10 our sole discretion, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator who practices in the province of Ontario, selected jointly by us. Before seeking arbitration, you must contact us in writing, and include all of your reasons for dissatisfaction with your Program, Products and Services or Program Materials. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your payment made to date. No other actions or financial awards of consequential damages, punitive or aggravated damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment in any court of competent jurisdiction in Ontario.
You also agree that should arbitration take place, it will be held in the City of Toronto in the Province of Ontario, Canada, as this is where our business is located, and you further agree that the winning party shall be entitled to all reasonable lawyer’s fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, whether in public or in private including but not limited to on social media, either directly or indirectly, designed to disparage us, our Business, or any of our Programs, Products, and Services or Program Materials. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as part of the legal process.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email or in writing. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Programs, Products, Services and Program Materials after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Programs, Products, Services, and Program Materials.
If any provisions in the Agreement are construed by a court of competent jurisdiction to be void or unenforceable for any reason, it shall be deemed to be severed from the Agreement and shall not affect the validity or enforceability of all other provisions in the Agreement, which shall remain in full force.
Time shall be of the essence in all respects of the Agreement.