TERMS AND CONDITIONS

Effective date: July 29, 2022

Please READ carefully. By using our website, signing up for emails, accessing social media posts (“Sites”), or accessing or purchasing any of our products or services (“Programs”), the following Terms and Conditions are entered into by Abbey Lacroix (“Company”, “we”, or “us”) and You (“Client” or “You”).

You therefore agree to the terms stated herein.

USE OF COMPANY WEBSITE, EMAILS AND SOCIAL MEDIA

By accessing the Sites, you are agreeing to the terms stated herein and are legally bound by these terms. If you do not agree with the terms stated herein, you must stop using or accessing the Company’s Sites.

While we strive to keep our Sites up-to-date, we cannot guarantee that all content on our Sites is entirely accurate, complete or up-to-date. You acknowledge that this content is provided for information purposes only and does not constitute a professional opinion based on your unique collections or circumstances.

GIVEAWAYS

In the event that the Company participates in a giveaway hosted by a third-party, the Company is not liable for any outside communications, products, services, content, privacy policy or the overall management of the giveaway by the third-party or the giveaway participants, if any.

The Company must provide the agreed upon service or product (“Giveaway Prize”) to the giveaway Winner, in the timeline agreed upon with the third-party hosting the giveaway. The Company is not liable for any other prizes other than its own in a giveaway.

All Giveaway Prizes must be redeemed within a maximum of 12 weeks following the announcement of the winners.

PRODUCTS/SERVICES

The Company agrees to provide its products or services (“Programs”) identified via its Sites or in online commerce shopping cart. As a condition of participating in the Programs, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

FEES

In consideration of Your access to one of the Company’s Programs, you agree to pay the fees indicated at the time of purchase, either in a single or 3-month payment plan, depending on the Program selected.

If you select de single payment plan, payment is due upon purchase of  the Program.

If you select the 3-month payment plan, you must pay the initial payment upon purchase and then your selected payment method will be automatically charged the following 2 payments on a monthly basis. Please note that 3-month payment plans are applicable in certain Programs only.

It is at the Company’s discretion to decide which Programs will have the option for 3-month payment plans. The Company reserves all rights to modify or remove payment plan options for Programs and does not guarantee that these payment plans will always be available for Clients.

If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program.

Suspension for failure to pay will result in loss of access to or registration for a Program. We reserve the right to seek recovery of any monies remaining unpaid via Collection Agency.

METHODS OF PAYMENT

If you select the 3-month payment plan, you hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your program access will be removed.

If you do not request a refund within the terms of the Program with the required session work at the time of your refund request, you are required by law to complete the remaining payments of your payment plan and you understand that your payments will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.

REFUND POLICY

We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the Program. The Company provides a 14-day money-back guarantee for any Program valued at 97$ CAD or higher. We reserve the right to modify the Program value for which the money-back guarantee applies and do not guarantee that this Program value will remain unchanged. That money-back guarantee is governed by the following terms.

In order to qualify for a refund, you must either submit proof that you did the work in the Program and it did not work for you. In the event that you decide your purchase was not the right decision, within 14 days purchase, contact the Company at abbey@abbeylacroix.com and let them know you’d like a refund by the 14th day at 3:59pm EST. You must include your session work with your request for a refund, as indicated in the specific Program sign up. If you request a refund and do not include your session work by the 14th day, you will not be granted a refund.

We will NOT provide refunds for any request that comes more than 14 days following the purchase of the Program. After day 14, all payments are non-refundable, and you are responsible for full payment of the fees for the program regardless of whether you complete the Program.

Please note: If you opted for a 3-month payment plan and you do not request a refund within 14 days, with the required session work at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

All refunds are discretionary as determined by the Company. To further clarify, we will not provide refunds for requests made after the 14th day from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

CANCELLATION POLICY

To access certain features of select Programs, you may need a username and password. You agree to keep your username and password confidential.

During the registration process for any Program, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Membership, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.

DISCLAIMER

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this Agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program.

Client understands that Abbey Lacroix (herein referred to as “Consultant”), is a professional archivist.

Client understands that a relationship does not exist between the parties after the conclusion of this Program. If the Parties wish to continue their relationship, they shall execute a separate agreement.

If you have any questions or problems, please let us know by contacting Abbey Lacroix directly at: abbey@abbeylacroix.com.

CONFIDENTIALITY

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.

By posting or submitting any material in private groups or via email, such as questions, comments, posts, photos, images, videos or other contributions, you are representing to us that you are the owner of all such materials, and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or 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 Program or other content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.  You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program at any time for any reason.

You also grant us the right to use your likeness and identify you by name, email address, or screen name as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you that reference the Company or the Program, and to identify you as a member of the Program by name, email address, or screen name, for any purposes, including commercial purposes and advertising.

Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, its owners and employees, and other Program participants.

NO TRANSFER OF INTELLECTUAL PROPERTY

All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.

Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.

The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide the Client with access to the Program(s), which provides education, information and/or professional advice, depending on the Program. It is important for the Client to verify if the Program they selected provides education and information or professional advice based on their unique collections and circumstances. Results based on information contained in the Programs, including any professional advice given, may vary based on the Client. Said professional advice is provided based on the facts and information provided by the Client at the time of the consultation. Omitted or inaccurate information provided by the Client may result in undesirable consequences to the Client’s collection. The Company shall not be liable for any such undesirable consequences to the Client’s collection.

FORCE MAJEURE

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

SEVERABILITY/WAIVER

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

MISCELLANEOUS

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, information, or collections arising out of or in any way connected with the use or performance of the Programs, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Programs, or otherwise arising out of the use of the Programs, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.

NON-DISPARAGEMENT

The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

ASSIGNMENT

Client may not assign this Agreement without express written consent of the Company.

MODIFICATION

Company may modify terms of this agreement at any time. All modifications shall be posted on the Abbey Lacroix website and You shall be notified.

TERMINATION

The Company reserves the right, in its sole discretion, to terminate your access to the Program or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

Furthermore, the Company has the right, in its sole discretion, to terminate your access to the Program and the related service or any portion thereof at any time, if your company is found to be in the drug, alcohol, sex, porn, or gambling industries. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

LIABILITY

Abbey Lacroix is not responsible or liable for any Program participants. The Company does not control and is not responsible for what the Program participants post on or through our sites and or media pages. The company is not responsible for any offensive, inappropriate, obscene, Unlawful, infringing or otherwise objectionable or illegally generated products, content or practises.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event you will fully cooperate with the Company in asserting any available defenses.

EQUITABLE RELIEF

In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.

GOVERNING LAW AND JURISDICTION

These Terms as well as our Privacy Policy are governed by and interpreted in accordance with the laws of Québec and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts in the judicial district of Terrebonne, Québec.

ARCHIVES DISCLAIMER

Every effort has been made to accurately represent the Programs and their potential.

This Site and the Programs offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, Instagram or Pinterest, nor have they been reviewed, tested or certified by Facebook, Instagram or Pinterest.

There is no guarantee that you will achieve the same results using the techniques and ideas in the Programs. Examples in these Programs are not to be interpreted as a “one-size-fits-all” solution to preserving your archives and heirlooms, nor a promise of long-term preservation. Individual preservation of the Client’s archives and heirlooms is entirely dependent on the Client and on a variety of factors, including, but not limited to, the accuracy of the information provided to Abbey Lacroix and the Clients ideas and techniques.

Your level of success in attaining the results claimed in our Site and Programs depends on the time you devote to the Program, ideas and techniques mentioned, your finances, knowledge, and various skills. Since these factors differ according to individuals, we cannot guarantee your success. Nor are we responsible for any of your actions.

Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our Site and Programs.

OUR MINIMUM GUARANTEES

Unless otherwise noted, all products come with a 14-day guarantee. Longer conditional guarantees may apply, so check the sales material at the time of your order for details. If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact us at abbey@abbeylacroix.com.