1:1 Power Review
Terms & Conditions
Terms of Participation
Please READ carefully. By purchasing this product, the following Terms and Conditions (the “Agreement”) are entered into by Inventive Measures Inc. under the name of Barn Cat Renovations, (“Company”, “we”, or “us”) and You (“Client” or “You”), and You agree to the following terms stated herein. The Company and You may be referred to collectively as “Parties” in this Agreement.
Program/Service
Company agrees to provide Custom Service, “1:1 Power Review” (herein referred to as “Program”) as outlined on the web page where You register, which may include digital or downloadable resources, an online course, one-on-one or group coaching, workshops, trainings, and online private forums operated by Company (for any purpose), whether on a website hosted by Company or a third-party website such as an online course platform or facebook.com. As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
The Company will periodically make updates to the core program, and you will have access to updated materials for as long as the Company continues to offer the Program Area to its customers, which is what is referred to as “Lifetime Access” in our marketing materials.
From time to time, the Company may offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions throughout the year.
The Company reserves the right to offer additional program elements from time to time, for any subgroup of participants. These additional program elements are a bonus, not a part of the services included in the base version of the Program. The selection of the participants who may participate in any additional program elements is at the sole discretion of the Company.
Participants
This Program is intended and only suitable for individuals aged 18 and above. Some of the content in this Program may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of 18.
This Program is intended to be utilized by homeowners who will implement the skills and strategies taught throughout the Program before they embark on a home renovation.
Company Terms
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.
Fees
In consideration of Your access to the Program, you agree to pay the following fees.
A single payment of $900 is due immediately.
All fees are quoted and will be charged in United States Dollars ($USD), and include HST where applicable.
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 and any bonuses, including access and registration for any future virtual events.
Methods of Payment
If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
Refund Policy
There are no refunds once a purchase has been made, due to the nature of this Program.
Since we have a clear and explicit Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to credit reporting agencies or to 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, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
If, in the Company's sole right and discretion, you violate these Terms, the Company will terminate your access and participation in the Program without notice and without refund.
If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: support@barncatreno.com.
Your Conduct in the Program: Confidentiality; Use of Your Materials
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.
The Company respects the privacy of its customers 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.
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.
You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company's website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others.
The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company's and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.
You are strictly forbidden from the following:
- Causing damage to any Company website or third-party forums operated by the Company
- Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
- Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
- Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
- Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
- Sharing private and proprietary information from the Program or other participants with anyone else
- Discriminatory speech, hate speech, comments, or actions against another based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels
The Company does its best to create a safe and welcoming space for all participants, however, Company cannot guarantee that all participants will follow these guidelines. Company, in its sole discretion, may remove any participant's comments, posts, content or materials, however, Company does not have a duty to review any comments, posts, content and material shared within any online private forums or groups or on any group call. Therefore, Company shall not be held liable for any participant's comments, actions, posts, content or materials.
The Program is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Program participants on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means you agree not to form, or ask Program participants to join, other groups on social media or any other platform.
We may also post separate rules regarding your behaviour in any online community or forum, whether hosted on the Company's website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into this Agreement.
By posting or submitting any material in the Facebook group, 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 consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. In the Company's sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.
You also grant us, and anyone authorized by us, the right to use your likeness and identify you by name, or screen name as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company 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.
Username and Password
To access certain features of the Program, including any private membership areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, 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 Program or any of its content, in whole or part, 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.
No Transfer of Intellectual Property; Limited License
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, trademark, 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.
As a purchaser or participant in the Program, you are our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Program and Content for your own personal purposes or your own renovations only.
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 may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third party money (other than by applying them generally in your own renovation planning). By downloading, printing, or otherwise using the Program or any Company content for personal use you in no way assume any ownership rights of the Content - it is still Company property. Any unauthorized use of any materials found in the Program or Content shall constitute infringement.
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.
Your use of any materials found in the Program or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Program, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to Us that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
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, pandemic, death, illness or incapacity of Karen McMillan, explosion, any local, provincial, federal, national or international law, governmental order or regulation, 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, 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 (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to you of its inability to perform or of delay in completing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations, or may terminate this Agreement.
Severability
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in a particular 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. The remainder of this Agreement will remain in full force.
Disclaimers and Release
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
You agree to absolve and do hereby absolve and release the Releasees (defined below) from 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 Releasees 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, including its content, materials, products or services, or third-party content, materials, products or services made available through the Program.
The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. The Company gives no warranty or guarantee that the Program will be of any particular standard, quality or grade. The Program may contain errors, omissions and matters of opinion. You rely on the Program at your own risk (whether financial, physical or otherwise). 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, data, or profits arising out of or in any way connected with the use or performance of the Program, 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 Program, or otherwise arising out of the use of the Program, 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. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.
In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.
Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
Client understands Karen McMillan (herein referred to as “Consultant”) and the Company are not a contractor, architect, architectural technologist, structural engineer, BCIN holder, interior designer, financial analyst or advisor, or accountant. Client understands that Consultant and the Company have not promised, shall not be obligated to and will not; (1) secure or attempt to secure an architect, architectural technologist, contractor, subcontractor, tradesperson, structural engineer, or interior designer for Client; (2) perform any renovation management functions including but not limited to, demolition, construction or construction consulting, or advice with regard thereto; (3) act as a contractor, subcontractor, tradesperson, architect, architectural technologist, structural engineer, BCIN holder, or interior designer; (4) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (5) introduce Client to Consultant's or Company's network of contacts, contractors, engineers, architects, interior designers or business partners. 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.
The Company gives no warranty that being a participant in the Program will confer on you any particular objective, outcome or benefit, including conducting a successful renovation or buying and selling a property at a profit net of renovation costs. You acknowledge that investment in renovations, building and construction, and real estate, involves significant risk (including financial risk), and that a range of factors outside of the Company's control will determine outcomes, even if you faithfully apply principles, techniques and methods contained in the Program, such factors including the changes in the housing market, your project management (including budget and costs), your building and design decisions and your selection of contractors and other service providers.
Client acknowledges that the Program is generic in nature and for the purposes of general guidance and education of all Program participants who undertake the Program, without regard for their personal circumstances (including personal financial circumstances) or particular renovation or building projects they may undertake. The Program is intended to provide only a summary and overview of the topics covered to assist Program participants to make their own judgments about any prospective renovation projects and are not intended to be a definitive, universal theory or teaching of renovation and related topics, nor relied upon as a substitute for professional advice in respect of financial or legal issues.
Client acknowledges that the Program does not provide personal financial or investment advice. The Company is not aware of your personal financial objectives or circumstances and, even if you tell the Company about your personal financial objectives and circumstances, we will not be providing any advice to you that takes those objectives and circumstances into account in anything we say or do. The Program is also not intended to influence you in making a decision about a particular product or an interest in a particular product, nor about buying or selling any property or committing to any particular renovation project. You should consider obtaining independent, professional advice before making any decisions.
Client acknowledges that the Program does not provide legal advice, whether as to your personal circumstances or as to laws that may apply generally to real property, residential, domestic or home building work, building and construction or renovating. You should contact the relevant regulatory authorities and obtain independent professional legal advice before making any decisions that may engage applicable laws, such as in relation to council approvals and compliance with your Province's home building legislation and building standards.
Client acknowledges that the Program provides only examples of renovation techniques that may or may not be safe to carry out in other renovation projects. The Company does not warrant or guarantee that the renovation techniques shown in the Program are safe in other renovation projects.
Client acknowledges that the Program is designed for residential home renovation projects only and is not designed for commercial premises or apartment dwellings.
Security
Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, The Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company, you accept that you do so at your own risk.
Users Outside Ontario, Canada
The Company controls and operates the Program from offices in Ontario, Canada. The Company does not represent that materials on the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Assignment
Client may not assign this Agreement without express written consent of Company.
Termination
The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, without notice, 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 termination.
In the event you decide to cancel your participation in the Program, You will not be issued a refund for any remaining days or months of the Program after your cancellation, and any remaining instalment, default, or late payments will be due immediately.
In the event of cancellation or termination, you are no longer authorized to access the part of the Program or its content. The restrictions imposed on you in this Agreement with respect to the Program and its content will still apply now and in the future, even after termination by you or the Company.
Indemnification and Hold Harmless
You agree to indemnify, defend, release and hold harmless the Company, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns; any Company volunteers; and Karen McMillan (collectively “Releasees”) for, from and against 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 defence 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 defences.
Resolution of Disputes
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. The provincial or federal court at Toronto, Ontario shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or its content, including but not limited to the Company's Privacy Policy or this Agreement. By using the Program, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defence of forum non conveniens.
Savings Disclaimer
Every effort has been made to accurately represent our programs and the educational value they provide.
However, there is no guarantee that you will save any money using the techniques and ideas in these materials. When we present costs and savings on our website and our other channels, we are showcasing exceptional results, which do not reflect the average experience. You should not rely on any pricing, saving or cost information we present as any kind of promise, guarantee, or expectation of any level of success or savings. Your results will be determined by a number of factors over which we have no control, such as your financial condition, experiences, skills, level of effort, education, and changes within the market.
Home renovations carry risks, and your use of any information contained on this website is at your own risk. Subject to our Refund Policy, we provide content without any express or implied warranties. By continuing to use our site and access our content, you agree that we are not responsible for any decision you may make regarding any information presented or as a result of purchasing any of our products or services. Any claims made of actual savings or examples of actual results can be verified upon request.
Entire Agreement
Unless otherwise specified herein, this agreement constitutes the entire agreement between You and the Company with respect to the Program and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and the Company with respect to Renovation Planning Academy. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Contact Us
If you do not understand or agree with any of these conditions, please do not purchase this material. If you require further clarification, please contact support@barncatreno.com.
Inventive Measures Inc., operating as Barn Cat Renovations
Email Address: support@barncatreno.com
Last Updated: October 4, 2023