Terms
Terms
(Last Updated: 1/17/2019)
The Abundance Group, L.L.C. d/b/a The Abundance Group (ABUNDANCE GROUP, ‘we’, ‘us’ or ‘it’)
TERMS OF USE
Use of this Website.
Welcome to our website. By using or interacting with www.theabundancegroup.com through this Website or with any tools, websites, applications or other electronic destinations accessible through this Website, you understand that you are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and purchasing ABUNDANCE GROUP Products and Services. Further, you are agreeing to all of the provisions of these Terms of Service, the Privacy Policy, and the terms of service or terms and conditions of any of the tools, websites, applications or other electronic destinations you access through this Website. If you disagree with these Terms of Service, please do not use this Website.
ABUNDANCE GROUP assumes no liability or responsibility for any inaccuracies, errors or omissions in any content on its site or in its materials. ABUNDANCE GROUP also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading any materials from the Site.
You agree to use this Site in a responsible manner that is in compliance with these Terms of Use and your local laws and regulations. If you are located in the European Union "EU" or are using the personal data of European Union data subjects in connection with your use of our Products and Services, you agree to our Privacy Policy.
Use of the website and/or placement of a membership order, constitutes your unconditional acceptance of the following terms and conditions. By accessing, using and placing orders on the Site, using any of our Products or Services and/or electronically accepting any of our Agreements, you represent and warrant that you are at least 18 years of age and/or are otherwise recognized as being able to form legally binding contracts under applicable law. If you are agreeing to these Terms of Use or any of our other Membership Agreements on behalf of a corporate entity, you represent and warrant that you have the legal authority to similarly bind such corporate entity. If you have placed a membership order, and any part of these Terms conflict with those outlined in the Membership Agreement, the Membership Agreement shall govern.
Updated Terms of Service.
These Terms of Service may be updated from time to time. You should check these Terms of Service on a regular basis to see if any terms have changed. We will identify the date of the current version after the title, “TERMS OF SERVICE”. If you do not agree to the changes implemented by ABUNDANCE GROUP, your sole and exclusive remedy is to terminate your relationship with us as a customer or member. Unless explicitly stated otherwise, any new changes will be subject to this Agreement.
Your Account.
If you choose to join ABUNDANCE GROUP as a member, you will first be directed to provide us with your billing and contact information, and asked to set up an account with an access portal. You agree to provide and maintain accurate, current and complete information.
From the inception of this process, you accept full responsibility for maintaining the confidentiality of your information and are responsible for all activities that occur and orders that are placed with your information. You agree to immediately notify us of any unauthorized use of your information in relation to ABUNDANCE GROUP and/or your account. You grant ABUNDANCE GROUP express permission to suspend or terminate your account upon notice to you, in the event of a suspected privacy breach or violation of this Agreement. In such an instance, you agree to cooperate with ABUNDANCE GROUP with respect to any investigation by us and any action undertaken to enforce this Agreement. You accept liability for losses incurred by ABUNDANCE GROUP due to any unauthorized use of your account.
Representations.
Throughout ABUNDANCE GROUP materials, you may see reference to and use of the word “expert”. ABUNDANCE GROUP is not making any representations or guarantees about the quality or nature of the work that may be done for you by any one of the individuals or businesses that it works with, rather it has selected these vendors based on personal, recommended or professional experience with them. While it may consider them ‘experts’, Members accept that there is no guarantee and they may conclude this or something different for themselves. Additionally, please note that some professions, including the legal profession, have governing rules of responsibility that may prohibit the use of the term expert, absent special circumstances.
Intellectual Property.
This Website, its contents, and services offered, are owned by or licensed to ABUNDANCE GROUP, a Minnesota limited liability company. Users have no rights to our Website content. You should assume that material contained on our Website, any services we offer and any tools, websites, applications or other electronic destinations accessible through this Website, are proprietary and copyrighted.
The copyrights, trademarks and other intellectual property on the Site are owned by ABUNDANCE GROUP, its independent contractors, or its licensors. Subject to your compliance with these Terms, you are authorized to view, store, print, copy, and distribute the pages, data, text, images, audio, video, or other content within the Site for the purposes of your personal use only. This right is non-transferable and non-sublicensable. All other rights are reserved. In consideration of this authorization, you agree that (a) any copy of these documents which you make shall retain all copyright and other proprietary notices contained in such documents and (b) these Terms are included with any distribution, which shall be limited to your personal use.
Notice.
ABUNDANCE GROUP may communicate with you by means of a general notice on the Site or by the email address you have provided to us. Such notices shall be deemed effective within forty-eight (48) hours of transmission. You may withdraw your consent to receive electronic communications, however doing so may also require that you discontinue your use of Services.
Contacting The Abundance Group, L.L.C.
Please use the contact page on this Website or the contact information provided below, to ask questions or review, update or correct any personally identifiable information that you provided on any ABUNDANCE GROUP websites or services: [email protected]
Governing Law.
These Terms, constituting an agreement between the Parties, and any dispute arising from the relationship between the parties to this agreement, shall be governed by Minnesota law. Any dispute that arises under or relates to this agreement shall be resolved exclusively in either Minnesota District Court or the U.S. District Court for the District of Minnesota and each party hereby irrevocably consents and waives any objection to the jurisdiction, convenience, and venue of such courts.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABUNDANCE GROUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR APPLICATIONS; OR (B) ANY CONTENT OBTAINED FROM THE SITE OR APPLICATIONS.
YOU EXPRESSLY AGREE THAT THE MAXIMUM AMOUNT OF DAMAGES THAT YOU ARE ENTITLED TO IN ANY CLAIM AGAINST ABUNDANCE GROUP ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, WILL NOT EXCEED THE MONIES ABUNDANCE GROUP HAS RECEIVED FROM YOU FOR THOSE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIMS AGAINST ABUNDANCE GROUP MUST BE MADE WITHIN ONE YEAR OF THE FACTS GIVING RISE TO THE CLAIM.
Indemnity.
You shall indemnify, defend and hold harmless ABUNDANCE GROUP and its affiliates, related companies, officers, directors, members, employees, agents, representatives, partners, and licensors from any and all third party claims, liability, damages and/or costs (including attorneys’ fees) arising from or related to (i) your use of the Site, Services, or Applications, (ii) your violation of these Terms, or (iii) any infringement or misappropriation of any intellectual property right or other right of any person or entity by you or any other user of your user account. You agree to immediately notify ABUNDANCE GROUP of any unauthorized use of your user account or any other breach of security known to you that may affect the security of the Site or Applications.
Severability.
If any provision of this Agreement is declared invalid or unenforceable, then that provision will be modified to one that is valid and enforceable and most closely carries out the intent of the initial provision, and all remaining provisions of this Agreement will continue in full force and effect.
Relationship.
No joint venture, partnership, employment, or agency relationship exists between you and ABUNDANCE GROUP as a result of this Agreement or your use of the Site.
Third Parties.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the Parties.
Waiver.
The Abundance Group LLC’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
Assignment.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without The Abundance Group LLC's prior written consent. The Abundance Group LLC may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected.
Entire Agreement.
These Terms of Service and the Privacy Policy contain the entire understanding between the Parties with respect to its subject matter and supersede any and all other prior written or oral agreements and understandings between the Parties. We may revise these Terms from time to time, and the most current version will always be at www.theabundancegroup.com. By continuing to access or use the Site, the Services, or the Applications after those revisions become effective, you agree to be bound by the revised terms. We do not assume any obligation to notify you of changes to these Terms.
ANNUAL MEMBERSHIP AGREEMENT
Membership Terms and Payment Schedule.
Effective Date is the Date of First Payment.
Your membership payments will be due either monthly or annually, at your choosing. Please note the discount received, if you opt for annual payment(s). If you should choose monthly payments your membership fee will be automatically drafted from your debit or credit card on the first of each month, until your membership expires or is terminated in accordance with this Agreement. If you should choose annual payments, one lump sum will be due upon signing this Agreement. As long as your payments are made, you will be considered an active member in good standing.
You are responsible for a minimum of one year’s fees, whether paying monthly or annually. After the first year for which all payments are due, you agree to provide 60 days notice if you wish to cancel your membership. If proper notice is provided, ABUNDANCE GROUP may refund you with any monies paid, beyond that which applies to the notice period, that has not yet been used.
If through no fault of ours, your payment account does not permit the transaction to be executed, you will be charged a $35.00 insufficient funds fee if permitted by law. We will contact you to update your account with a working payment method.
You have the right to receive a notice in the event that we make a change to the terms and conditions of your membership that will vary the amount to be periodically billed to your account. Except as expressly provided herein, we may modify our services or the terms and conditions of this Agreement at any time and such modifications shall be deemed effective immediately upon making such changes.
Termination of Membership.
After the first year of membership, you may terminate this Agreement with 60 days written notice. If you terminate within the first year, you will still owe ABUNDANCE GROUP for the annual contracted for amount.
Photos and Social Media.
Member agrees that ABUNDANCE GROUP may use Member’s photos, logos and name, to post on Social Media and other promotional platforms, and Member represents that this use will not infringe on the rights of any third party.
Limitation of Liability.
Member agrees to indemnify, defend and hold harmless ABUNDANCE GROUP, its members and employees, from any and all loss, attorney’s fees, expenses, or claims arising out of Member’s actions.
ABSENT ITS WILLFUL OR INTENTIONAL MISCONDUCT, ABUNDANCE GROUP IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RESULTING FROM THIS AGREEMENT, INCLUDING THE ACTIONS OF ANY VENDORS THAT MEMBERS SELECT. IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF ABUNDANCE GROUP TO MEMBER FOR DAMAGES FROM ANY AND ALL CAUSES WHATSOEVER, AND MEMBER’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNTS THAT MEMBER HAS PAID ABUNDANCE GROUP UNDER THIS AGREEMENT.
MEMBER MUST COMMENCE ANY ACTION AGAINST ABUNDANCE GROUP WITHIN 6 MONTHS OF THE EVENT GIVING RISE TO THE ACTION. IF APPLICABLE LAW REQUIRES A STATUTE OF LIMITATIONS THAT IS LONGER THAN 6 MONTHS, MEMBER AGREES TO THE SHORTEST STATUTE OF LIMITATIONS ALLOWED BY APPLICABLE LAW.
Member understands that ABUNDANCE GROUP, its members and employees, are not able to control events or activities by others, including but not limited to the businesses it identifies for you to consider working with (“acts of third parties”). Member agrees not to make any claim against ABUNDANCE GROUP relating to acts of third parties.
Assignment.
Member may not assign any of its rights under this Agreement to a third party without the express written consent of Company.
Notice.
Whenever, under the terms of this Agreement, notice is required or permitted to be given by one party to the other party, such notice shall be in writing and shall be deemed to have been sufficiently given if (i) sent by any nationally recognized overnight courier service that provides receipted delivery service, delivery charges prepaid, return receipt requested, or (ii) sent by the United States Mail, priority mail, in a properly stamped envelope, certified or registered mail, return receipt requested, addressed to the party to whom it is given, as follows (unless either party later provides an alternative address expressly intended for notice pursuant to this paragraph)
Address will be provided upon request.
Governing Law, Venue and Dispute Resolution.
This Agreement shall be governed by and interpreted under the laws of the State of Minnesota. If any dispute, controversy or claim arises between the parties with respect to this Agreement or any future amendment to this Agreement, the parties will submit the matter for mediation before a mutually agreed upon mediator. If the parties cannot agree on a mediator, the matter will be heard by a mediator appointed through the Minnesota Mediation Center or similar service if Minnesota Mediation Center no longer exists. If mediation does not result in agreement, the parties agree to Minnesota courts in Hennepin County, Minnesota, as the venue for any litigation regarding this Agreement, including the rights and obligations of any party to this Agreement.
Waiver.
No waiver of any default by any party to this Agreement shall be implied from any omission to take any action on account of such default and no waiver shall affect any default, other than the specific default waived.
Severability.
If any provision of this Agreement is declared invalid or unenforceable, then that provision will be modified to one that is valid and enforceable, and that most closely carries out the intent of the initial provision, and all remaining provisions of this Agreement will continue in full force and effect.
Counterpart Signatures.
This Agreement may be executed in one or more counterparts and shall become effective when one or more counterparts have been signed by all parties. Each counterpart shall be deemed an original but all counterparts shall constitute a single instrument. Both Parties agree that an electronic signature constitutes a legally binding signature for this Agreement. Any facsimile copy, other copy or reproduction of a single counterpart original of this Agreement shall be as fully effective and binding as the original signed counterpart of this Agreement.
Entire Agreement.
This Agreement contains the entire understanding between the parties with respect to its subject matter and supersedes any and all other prior written or oral agreements and understandings between the parties. No amendment or modification of this Agreement will be effective unless executed in writing and signed by both parties.
I ACKNOWLEDGE RECEIVING AND READING A COMPLETED COPY OF THIS APPLICATION AND AGREEMENT BEFORE SIGNING. I UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT.
