Terms and Conditions - Fictive Kin Equity Lab Community Learning Space

Effective as of October 1, 2024. Subject to change at any time without notice.

These Terms and Conditions apply to the Fictive Kin Equity Lab Community Learning Space (“Service” or “Community”), in its entirety, as provided by Fictive Kin Equity lab, a division of IDEALIST (“Company”).

Please read the below Terms and Conditions carefully. By joining the Community, you (“Member” or “Members”) agree to the following:

All rates charged for access to one or more parts of the Service are set and non-negotiable. Company reserves the right to adjust the rates from time to time, for any reason.

Where payment for the Service is required, all payments will be charged in Canadian dollars, on a monthly or annual basis, dependent upon Members’ choice of payment plan. All payments will be automatically charged to Members’ credit card on file.

Member may cancel their membership in the Community at any time, with the understanding that no refunds, either in part or in full, shall be given. Member also acknowledges that, depending on the date on which they cancel, an additional payment may be charged to their credit card, and shall not be refunded.

Any Member with outstanding or overdue payments (past fifteen [15] days) will be removed from the Community, and their account will be deactivated. If any outstanding or overdue payments must be collected by Company through legal or other such processes, Member will pay all costs, including the cost of time or representative time to submit and appear for this claim. Member will not have their account reactivated until all outstanding or overdue payments are made in full. 

All materials and other resources prepared or provided for Member’s use in the Community are the sole intellectual property of Company, and may not be copied, reproduced, distributed, transmitted, trademarked, licensed, registered, or otherwise shared by any means, including without limitation print, electronic, and digital. Any Member found to be in violation of these terms will be subject to legal action.

All content shared in the Community by Members, including without limitation comments, posts, and uploads, is considered the confidential and proprietary information of Company. Members will not copy, reproduce, distribute, transmit, trademark, license, register, or otherwise share this content by any means, including print, electronic, and digital. Any Member found to be in violation of these terms will be subject to legal action.

Members will refrain from making comments, posts, or uploads that are prejudicial or discriminatory including without limitation age; racial category; ethnic, linguistic, cultural and religious identities; gender identity and expression; visible and visible disabilities; sexual orientation; neurodiversity; class or socioeconomic status; country of origin; ancestral territory; current geographic location; body shape and size; and any other social or demographic category that is protected by law. Any Member found to be in violation of these terms will be subject to legal action, to the fullest extent possible.

Any Member who provides false or incorrect answers to the Community screening questions, including without limitation falsified names, profile pictures or other photographs of their likeness, lived experiences, and professional expertise, will be removed from the Community, and their accounts will be permanently deactivated. Member will also be subject to a lifelong ban from the Community, and from registering and participating in any other services offered by IDEALIST. Any Member found to be in violation of these terms may also be subject to legal action.

Company acknowledges that participation in the Community can be personally and transformative for Members. Member acknowledges that the Community is not a therapuetic environment and is not intended to complement or replace professonal mental health care services. Member therefore agrees not to hold Company or any of its authorized representatives personally, morally, or legally responsible for any unanticipated or negative outcomes including without limitation personal, professional, or psychological, at any time and for any reason, including at any point after Member has deactivated their account and left the Community. 

Company shall also not be liable for any incidental, consequential, indirect or special damages, or for any loss of profits or business interruptions caused or alleged to have been caused by the performance or nonperformance of the Service under these Terms and Conditions. Member agrees that, in the event Company is determined to be liable for any such loss, Member's sole remedy against Company is limited to a refund of payments made by Member for said Service, less expenses paid to subcontractors or to third parties. 

Company is not responsible for errors which result from faulty or incomplete information supplied to Company by Member. Member also agrees not to seek damages in excess of the contractually agreed upon limitations directly or indirectly through suits by or against other parties. Company shall not be liable to Member for any costs, damages or delays due to causes beyond its control, expressly including without limitation unknown site characteristics, changes in policies, or changes in terms of services.

Company does not, under any circumstances, warrant or guarantee Member any specified results, or any other particular outcome or result of any kind. Member also acknowledges and agrees that their desired results from participating in the Community also a function, directly or indirectly, of the degree, frequency, and scope of their participation in the Service. Results that Member achieves are in no way, shape, or form, guaranteed by Company, any of its respective agents, employees, independent contractors, subsidiaries, or any other third party.

By joining the Community, you confirm that you have read and agree to the above terms and conditions.