Terms of Use

TERMS OF SERVICE

Last Updated on May 2, 2024

PURPOSE OF THIS AGREEMENT

Abundant Journeys, LLC, aka Abundant Journeys Property Solutions aka Abundant Solutions. This Agreement sets forth Your rights and obligations as a visitor on Abundant Journeys, LLC, aka Abundant Journeys Property Solutions aka Abundant Solutions. By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER WWW.ABUNDANTJOURNEYS.COM. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 11, 17, and 18). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

The use of www.AbundantJourneys.com(hereafter “Website”), which is owned and maintained by Abundant Journeys, LLC, is governed by the terms and conditions set forth below. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, subscribing, or placing an order over the Website, you and your business agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF USE & SALE (“TERMS”) TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND ABUNDANT JOURNEYS. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY ABUNDANT JOURNEYS, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18.

ABUNDANT JOURNEYS reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes.You can find the most recent version of these Terms at https://abundantjourneys.com/terms. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.

Table of Contents

1. Website Use
2. Website User      Conduct and Restrictions-License Terms
3. Our Privacy      Statement and Your Personal Information
4. Information      You Provide; Registration; Passwords; Prohibition Against Hosting      Third-Party Agency Accounts
5. Compliance      with the Laws, Including Commitment Against Harassment and Interference      with Others
6. DISCLAIMERS      OF OTHER WARRANTIES
7. LIMITATIONS      OF LIABILITIES
8. DISPUTE      RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
9. ABUNDANT      JOURNEYS’s Additional Remedies
10. Indemnification
11. Notice and      Takedown Procedures; Copyright Agent – DMCA
12. Third-Party      Links
13. Termination
14. No Waiver
15. Governing Law      and Venue
16. Force Majeure
17. Assignment
18. Electronic      Signature
19. Changes to      the Agreement
20. Your      Additional Representations and Warranties
21. Severability
22. Entire      Agreement
23. Data Privacy      Shield – GDPR

SECTION 1 – WEBSITE USE

The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS-LICENSE TERMS

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The ABUNDANT JOURNEYS trademark and logo are proprietary marks of ABUNDANT JOURNEYS, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by ABUNDANT JOURNEYS.

Subject to your continued strict compliance with all Terms, ABUNDANT JOURNEYS provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.

If you purchase a subscription to ABUNDANT JOURNEYS software over the Website, ABUNDANT JOURNEYS provides to you a revocable, limited, non-exclusive, non-sublicenseable, non-transferrable license to use the software. You acknowledge and agree that: (1) the software is copyrighted material under United States and international copyright laws that is exclusively owned by ABUNDANT JOURNEYS; (2) you do not acquire any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of ABUNDANT JOURNEYS; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.

You agree not to use or attempt to use the Website or any software provided by ABUNDANT JOURNEYS, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to ABUNDANT JOURNEYS. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:

1. HARMFUL ACTS.      Any dishonest or unethical business practice; any violation of the law;      infliction of harm to ABUNDANT JOURNEYS’ reputation; hacking and other      digital or physical attacks on the Website; and the violation of the      rights of ABUNDANT JOURNEYS or any third party;
2. “SPAMMING”      AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and      unsolicited communications. Any communications sent or authorized by you      reasonably deemed “spamming,” or any other unsolicited solicitations      (including without limitation postings on social media or third-party      blogs) will be deemed a material threat to ABUNDANT JOURNEYS’ reputation      and to the rights of third parties. It is your obligation, exclusively, to      ensure that all business communications comply with state and local      anti-spamming or analogous laws.
3. OFFENSIVE      COMMUNICATIONS. Any communication sent, posted, or authorized by you,      including without limitation postings on any website operated by you, or      social media or blog, which are: sexually explicit, obscene, vulgar, or      pornographic; offensive, profane, hateful, threatening, harmful,      defamatory, libelous, harassing, or discriminatory; graphically violent;      or solicitous of unlawful behavior.
4. SENSITIVE      INFORMATION. You will not import, or incorporate into, any contact lists      or other content you upload to any website, software, or other electronic      service hosted, provided by or connected to ABUNDANT JOURNEYS, any of the      following information: social security numbers, national insurance      numbers, credit card data, passwords, security credentials, bank account      numbers, or sensitive personal, health or financial information of any      kind.
5. ILLEGAL      BUSINESS ACTIVITY. Any promotion of illegal business activity, promoting      the sale or use of illegal drugs (including but not limited to      Marijuana-derived CBD Oil); or infringing or promoting the      infringement of the intellectual property rights of another.

In addition to the foregoing, ABUNDANT JOURNEYS requires you to follow these best practices when sending electronic communications:

• Use only      permission-based marketing electronic communications lists (i.e.,      lists in which each recipient affirmatively opted-in to receiving those      electronic communications).
• Always      include a working “unsubscribe” mechanism in each marketing electronic      communication that allows the recipient to opt out from your mailing list      (receipt/transactional messages that are exempt from “unsubscribe”      requirements of applicable law are exempt from this requirement).
• Comply with      all requests from recipients to be removed from your mailing list within      the earlier of ten (10) days of receipt of the request, or      the deadline under applicable law.
• Maintain,      publish, and comply with a privacy policy that meets all applicable legal      requirements, whether or not you control the sending of the electronic      communications, and include a link to such privacy policy in your      electronic communications.
• Include in      each electronic communication a link to your then-current privacy      policy applicable to that electronic communication.
• Include in      each electronic communication your valid physical mailing address or      a link to that information.
• Do not send      electronic communications to addresses obtained from purchased or      rented lists.
• Do not use      third party electronic addresses, domain names, or mail servers without      proper permission from the third party.
• Do not      routinely send electronic communications to non-specific addresses (e.g.,      webmaster@domain.com or info@domain.com).
• Do not engage      in spamming.
• Do not      disguise the origin, or subject matter of, any electronic communications      or falsify or manipulate the originating message address, subject line,      header, or transmission path information for any electronic communication.
• Do not send      offers to obtain or attempt to obtain personal information, or      generate leads, for third parties.
• Do not send      “chain letters,” “pyramid schemes,” or other types of electronic messages      that encourage the recipient to forward the content to strangers.
• Do not send      to lists of addresses that are programmatically generated or scraped from      the Internet.
• Do not employ      sending practices, or have overall message delivery rates, which may cause      harm to our services or other users of our services.
• Do not send      messages that may be considered junk mail. Some examples of these types of      messages include, but are not limited to, messaging related to penny      stocks, gambling, multi-level marketing (except in compliance with the      FTC’s Business Guidance Concerning Multi-Level Marketing, seewww.ftc.gov/tips-advice/business-center/guidance/business-guidance-concerning-multi-level-marketing),      direct to consumer pharmaceutical sales, and payday loans.

You further agree to conduct yourself and all your businesses in full compliance with all applicable laws, whether using ABUNDANT JOURNEYS or otherwise.

SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION

We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement. Our Privacy Statement may be viewed at https://abundantjourneys.com/privacy-statement. ABUNDANT JOURNEYS reserves the right to modify its Privacy Statement in its reasonable discretion from time-to-time. Our Privacy Statement is incorporated into this Agreement by reference.

SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS

As an ABUNDANT JOURNEYS user, you will be required to create an account with ABUNDANT JOURNEYS. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your ABUNDANT JOURNEYS user account, and you agree not to transfer your password or username or lend or otherwise transfer your use of or access to your user account, to any third party. So called “agency accounts,” or accounts in which you host funnels for third parties, are prohibited. Should your usage data indicate, in ABUNDANT JOURNEYS’ sole and exclusive discretion, that you are operating an agency account, you will be subject to cancellation of your ABUNDANT JOURNEYS user account or enhanced pricing for your ABUNDANT JOURNEYS user account, at ABUNDANT JOURNEYS’ sole and exclusive discretion. You are fully responsible for all transactions with, and information conveyed to, ABUNDANT JOURNEYS under your user account. You agree to immediately notify ABUNDANT JOURNEYS of any unauthorized use of your password or username or any other breach of security related to your user account. You agree that ABUNDANT JOURNEYS is not liable, and you will hold ABUNDANT JOURNEYS harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please Section 21 below for additional information.

Individuals who cancel their service will lose access to ABUNDANT JOURNEYS’s websites, social media accounts, and software. ABUNDANT JOURNEYS reserves the right to terminate any client and remove them from their social media accounts, websites, and/or software for violating these Terms.

SECTION 5 – COMPLIANCE WITH THE LAWS, INCLUDING COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS

As an ABUNDANT JOURNEYS user and/or Affiliate, whether or not you display the ABUNDANT JOURNEYS’ Badge, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.

If you use any messaging software, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend ABUNDANT JOURNEYS from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against ABUNDANT JOURNEYS relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether provided by ABUNDANT JOURNEYS. You further understand and agree that ABUNDANT JOURNEYS has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications. ABUNDANT JOURNEYS DOES NOT WARRANT THAT ANY ABUNDANT JOURNEYS MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR HARDWARE.

COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS. You must not use our services, whether alone, or in connection with other software or hardware, to: (i) store, distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or (ii) commit, promote, aid, or abet any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive. Non-limiting examples may include emails or other digital messages that promote.

SECTION 6 – DISCLAIMERS OF OTHER WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:

THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

You agree to protect, defend, indemnify, and hold harmless ABUNDANT JOURNEYS, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third-party claim against ABUNDANT JOURNEYS for liability for payments for, damages caused by, or other liability relating to, You.

SECTION 7 – LIMITATIONS OF LIABILITIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL ABUNDANT JOURNEYS OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR A