Pretty Paralegal Pupillary

TERMS AND USE AGREEMENT 

(the "Agreement")

DEFINITIONS:

"Candidate" means an unlicensed paralegal student who is currently enrolled in or has completed or graduated from a paralegal program at a post-secondary learning institution, accredited by the Law Society of Ontario AND who is officially registered with the Law Society as a P1 Candidate, with a valid P1 Candidate number.

"Community" means any social media inspired learning product offered by Pretty Paralegal that allows Pupils to create personal profiles, make 'mentions' and contribute to threaded comments to social posts to engage with one another and the Company to make valuable connections with peers, mentors, and receive support.

"Companies" means N.Joy. Publishing Inc. and any of its affiliates, partners, joint venturers, subsidiaries, and contractors.

"Enrolling Candidate" means a person who, at the time of creating a Pretty Paralegal account, is a Candidate registered with the LSO.

"Enrolling Licensee" means a person who, at the time of creating a Pretty Paralegal account, is a licensed barrister & solicitor or licensed paralegal who has an active membership with the LSO.

"Enrolling Student" means a person who, at the time of creating a Pretty Paralegal account, is a student enrolled in an LSO accredited paralegal studies program at a public community college or private career college. 

"Enrolling Pupil" means a Pupil who is creating a Pretty Paralegal account to access the HOW TO PASS: P1 Licensing Exam Prep Program, CPD courses, events, and the Community as a party to this agreement with Pretty Paralegal.

"Licensee" means either a licensed paralegal or lawyer whose membership in the Law Society of Ontario is in good standing; and who is either licensed to provide legal services or practice law.

"Law Society"  (and "LSO") means the Law Society of Ontario and Law Society of Upper Canada.

a "Member" and "Members" mean(s) a Pupil / Pupils who is / are approved for a free or paid membership in a Pretty Paralegal Community.

"Membership" means having access to and the ability to participate in a Pretty Paralegal Community.

"Pretty Paralegal" is the operating trade name and trademark licensed to, and under which N.Joy Publishing Inc. conducts business and provides services to the public. 

"Public" broadly refers to any individual person or group of individual people in Canada or other countries who are not Candidates, Licensees or Students as defined herein, and who wish to access legal information and educational products that are created and published by Pretty Paralegal.

"Pupil" means the Student, Candidate, Licensee, and member of the Public who is enrolling in this Pretty Paralegal Pupillage.

"Student" means a person who is enrolled at an LSO Accredited public community or private career College for Paralegal Studies, and who has not yet graduated nor received their paralegal diploma / degree.

RECITALS:

In the case of a Candidate:

WHEREAS, the Enrolling Candidate wishes to enroll in, rent, and access both free and premium paid digital education content (whether provided individually or as a bundle) as part of Pretty Paralegal's HOW TO PASS: P1 Licensing Exam Prep Program, which includes and is not limited to the following chapters, modules, and resources:

• EXAM READINESS ASSESSMENT TEST;
• #1 SECRET TO THE P1 LICENSING EXAM;
• TOP 10 REASONS STUDENTS DIDN'T PASS;
• LEARN YOUR STUDENT ARCHETYPES;
• 4 TYPES OF EXAM QUESTIONS;
• TIPS & TRICKS;
• 8 STEPS TO SUCCESS (Online);
• 5 PRACTICE EXAMS;
• SPIRIT OF THE LAW; and
• FINAL STRETCH BOOTCAMP,

(collectively the "P1 Exam Prep Programs");

AND WHEREAS, the enrolling Candidate may enroll in P1 Exam Prep Programs to receive and access tips, tricks, advice, support, insights, training, tutoring, lessons, mentoring and coaching (jointly and severally, "Training"), to receive assistance with study, review, strategy development and preparation (collectively "Support") for an upcoming sitting of the P1 Paralegal Licensing Exam, and continuing professional development ("CPD") after becoming a licensed member of the Law Society; 

In the case of a Licensee:

AND WHEREAS, the enrolling Licensee wishes to enroll in, participate in, and / or rent Pretty Paralegal CPD courses and events;

In the case of a Student:

AND WHEREAS, the enrolling Student wishes to receive academic support, career counseling, mentorship, and gain access to networking events that may support their induction into the paralegal profession, while attending or immediately after graduation from an LSO accredited college paralegal studies program;

In the case of The Public:

AND WHEREAS, The Public wishes to gain access to legal education content that may assist them with personal advocacy endeavours and self-representation in civil disputes;

In the case of Pretty Paralegal:

AND WHEREAS, Pretty Paralegal wishes to provide the aforementioned Training, Support and CPD to the enrolling Candidate and Licensee;

NOW THEREFORE, by enrolling in any Pretty Paralegal P1 Exam Prep Programs, CPD courses, and Do It Yourself Litigation programs and services, the enrolling Pupil agrees to the following:

1. REPRESENTATIONS AND WARRANTIES

I, the enrolling Pupil, represent and warrant that:

A) I am 18 years of age or older;

B) I agree that by enrolling in any Pretty Paralegal Program, I am subscribing to www.prettyparalegal.com, and consent to receive email updates, content, and special offers and information about Pretty Paralegal from www.prettyparalegal.com and https://prettyparalegal.thinkific.com direct to my email inbox ("Correspondences") from time to time, in relation to any P1 Exam Prep Programs, CPD courses or special .  I understand and agree that if I no longer wish to receive Correspondences then I shall email a request to unsubscribe to [email protected];

C) I was not under any undue influence, duress, threat or other encumbrance when creating my Pretty Paralegal Pupillage account and entering into this Terms and Use Agreement;

D) I am currently enrolled in or graduated from a post-secondary paralegal program that is or was accredited by the Law Society; or

E) I am currently the holder of a valid Law Society Candidate number or paralegal P1 license; and

F) I am interested in enrolling in a Pretty Paralegal P1 Exam Prep Program or CPD course for my own personal and professional development and for no improper or unlawful purpose. 

G) I have read, understood and agree to the Pretty Paralegal Pupil Privacy Policy found here: https://prettyparalegal.thinkific.com/pages/privacy 

2. COPYRIGHT & PROPRIETARY INFORMATION

A) I, the enrolling Pupil, hereby acknowledge that I understand and accept that all expressed, arranged and published content in the Pretty Paralegal P1 Exam Prep Programs and CPD courses (collectively referred to as the "Works" in this section 2 of the the Terms of Use Agreement) are the original works of Naomi-Joy Blackhall and are owned by N.Joy Publishing Inc.

B) I, the enrolling Pupil agree that I shall NOT attempt to unlawfully use, copy, share, sell, present, perform, demonstrate, distribute, reproduce, alter (the foregoing are referred to as "Exploitation" or to "Exploit") the Works, without the written consent of N.Joy Publishing Inc.'s authorized signatory.

C) I, the enrolling Pupil understand and agree that any intellectual property rights and protections which are attached to the Works in Canada, are subject to international treaties and tariffs with other countries who are signatory to the aforementioned international treaties, sanctioned by the World Intellectual Property Office (hereafter "WIPO"), and if I currently reside in or are citizen of any non-Canadian country who is signatory to the aforementioned WIPO sanctioned or supported treaties governing intellectual property,  then I agree to be personally bound by those laws in relation to the Works.

D) I the enrolling Pupil understand and acknowledge that the Pretty Paralegal caricatures and emojis depicted in the Pretty Paralegal content and logo were created by Pretty Paralegal using the Bitmoji APP, which is wholly owned and controlled by Snap Inc. under a non-exclusive use license.  To learn more about how to create your own Bitmoji visit https://www.bitmoji.com/. 

E) I the enrolling Pupil acknowledge and agree that the name "Pretty Paralegal" is the trade name and trademark of N.Joy Publishing Inc..

F) I understand and agree that only Pupils who have an existing account with Pretty Paralegal may register to become a Member of the Community, and I, the Enrolling Pupil, shall not allow any person or artificial intelligence ("AI") to access, see, participate in, learn from, or otherwise use the Community or any other Pretty Paralegal Program or course through my account.

3. TERMS OF CONDUCT

I, the enrolling Pupil agree that I shall not use the Pretty Paralegal Pupillage nor platform, nor discussion boards nor groups nor Communities to cause harm, in any way to another Pupil, Pretty Paralegal instructor, nor industry professional; to violate or infringe upon the rights of any third party; nor to falsely defame any specific third party; nor put the paralegal profession into disrepute.

4. COMMUNITY GUIDELINES & STANDARDS

I, the Enrolling Pupil, acknowledge and understand that the Pretty Paralegal Ontario Student Network (the "Community") is exclusively available to Ontario Paralegal Students and Paralegal Candidates who are approved for Membership.  

Once the first cohort of Candidates in the Community becomes licensed, then an "Alumni" Community Group may be created by Pretty Paralegal to provide ongoing mentorship and discounted CPD courses and events to Members who are newly licensed paralegals. 

COMMUNITY MEMBERSHIP FEES

I, the Enrolling Pupil understand and agree that although creating my account with Pretty Paralegal is FREE in order to gain access to the exclusive Community, I must pay a monthly Membership fee(s) as follows:

I understand and agree that each Community subscription is subject to a one-time $60.00 administration fee that must be paid at the time of initial registration.

The Membership fee shall be billed / charged on a monthly basis based on the date on which Membership began.  

I hereby authorize and direct Pretty Paralegal to charge the Membership fee to whatever credit card I have added to my account and to continue to do so on a monthly basis until or unless directed otherwise, either by my provision of a new credit card, or my termination of the Membership. 

COMMITMENT TO VOICE

The goal of the Community Standards in this section 4. (the "Standards") is to create a safe space for free expression where Paralegal Pupils have a voice to freely ask questions without judgement, share their honest opinions, and challenges, to seek support and Community opinions. 

Pretty Paralegal wants Members to be able to talk openly about the issues that matter to them, whether through written comments, photos, music, or other artistic mediums posted in Community groups, even if some may disagree or find them objectionable.  

In some cases, we may allow content -- which would otherwise go against our Standards -- IF it's newsworthy, raises important questions pertaining to access to justice or other important topics which may be open for debate and which may be in the public interest.  We do this only after weighing the public interest value against the risk of harm, and Pretty Paralegal will look to Canadian and international human rights standards to make these judgements.  

In other cases, we may remove content that uses ambiguous or implicit language when additional context allows us to reasonably understand that the content goes against our Standards.  

While not every Pretty Paralegal Community may be for you (and you may find some unrelatable or even offensive), no Community should be used as a weapon.  Our Communities should create a sense of belonging for Members. 

Our commitment to expression is paramount, but we recognize the internet creates new and increased opportunities for abuse. For these reasons, when we limit expression, we do it in service of one or more of the following values:

Authenticity

We want to make sure the content Members see in any Pretty Paralegal Community group is authentic.  We believe that authenticity creates a better environment or sharing, and that's why we don't want Members using the Community to misrepresent who they are or what they're doing.  

Safety

We're committed to making Pretty Paralegal a safe place.  We may remove content that could contribute to a risk of harm to the physical security of other Members.  Content that threatens Members or third parties has the potential to intimidate, exclude or silence others and isn't allowed in any Pretty Paralegal Community.

Privacy

We're committed to protecting the personal privacy and information of our Members.  Privacy gives people the freedom to be themselves, choose what, how and when to share in our Community groups more easily. 

Dignity

We believe that all people are equal in dignity and their right to it.  We expect that Members will respect the dignity of others and not harass or degrade others.

BEST AND WORST PRACTICES

Remember you are ALL students, and you -- like everyone else -- are still learning.  

The Pretty Paralegal Community is meant to be a safe space for Members to freely express their feelings and ask questions without judgement.

It is meant to be a safe space away from the general public where Members can make mistakes and test out new ideas, theories, and strategies with your friends in the Community.

Even if you do not personally like another Member in the Community, we expect you to treat them with courtesy, humanity, professionalism and good faith.  Remember, they are your fellow.

Using another Pupil's content in the Community to sabotage them either personally or professionally will not be tolerated. 

This is a fraternity; A fellowship; an industry family of people who you can be yourself with, seek help from, and build support with.

Pretty Paralegal acknowledges that people have different levels of tolerance, awareness, and sensitivity.  Please keep in mind that while courtesy and respect are paramount, this is also a profession that requires us to have a thick skin and high degree of control over our own emotions and reactions to things that other people do and say.  

That being said, if another Pupil in the Community does or says something that you find concerning or offensive, remember:

It is not your job to be judge, jury and executioner.

It is expected that you will not spread gossip, or presumptions that have not been investigated amongst the Membership nor risk defaming another Member because of something which may be a misunderstanding.

You may however, privately report the incident and your concerns, so that the Pretty Paralegal admin team can investigate it in accordance with our policies, procedures, and professional regulations, in order to decide what consequences are reasonable in the circumstances and should be applied and what notices should be published to the Members, if any.  

COMPLAINTS AND CONSEQUENCES

Remember, we are all human and this is a Community for Pupils who are still learning and may make mistakes.  

Unless a Member makes a serious lapse of judgement that causes significant harm to another Member in the Community (i.e. such as a tort, discrimination, or criminal conduct (collectively a "Violation" and "Violating") Members may not necessarily be removed from the Community after a first infringement of the Community Guidelines and Standards.

Ongoing or multiple infringements and serious Violations may lead to the following consequences:

• temporary suspension of participation in the Community and Community events; 
• requirement for the offending Member to attend a workshop to improve conduct; 
• payment of a $100.00 fine with the violating Member's consent (which will be reflected on the next monthly charge after obtaining consent); or 
• termination of the violating Member's Membership in the Community and their right to participate in exclusive Community networking events.

Members whose Memberships in the Community must be terminated due to a Community Violation will still have the right to maintain a free Pretty Paralegal account and to enroll in licensing exam prep and continuing professional development programs and events.

RESPECTING PRETTY PARALEGAL

• Do not send unsolicited bulk messages (or spam) to others. Also, do not facilitate this activity, such as by selling spambots, server "raid" tools, account-creation tools, token generators, CAPTCHA-solving services, or other spam tools.
• Do not organize, promote, or engage in any illegal behaviour, such as the buying, selling, or trading of dangerous and regulated goods. Dangerous goods have reasonable potential to cause real-world, physical harm to individuals. Regulated goods have laws in place that restrict the purchase, sale, trade, or ownership of the goods.
• Do not abuse Pretty Paralegal's products in any way, such as selling or purchasing an account or server, participating in fraudulent Nitro incentives or Boosting activities, or using monetization features to commit fraud.
• Do not evade permanent Pretty Paralegal-level enforcement actions. This includes creating new or using existing accounts or Community groups after being removed for Violating our Community Guidelines and Standards.
• Do not use self-bots or user-bots. Each account must be associated with a human, not a bot. Self-bots put strain on Pretty Paralegal's infrastructure and our ability to run our services.
• Do not mislead Pretty Paralegal's support teams. Do not make false or malicious reports to our admin, review, and support teams, send multiple reports about the same issue, or ask a group of Members and other Pupils that you may meet to report the same content or issue. Repeated Violations of this guideline may result in loss of access to our reporting functions.

4. FEES; PAYMENT BY CREDIT CARD; CANCELLATIONS; REFUNDS

A) Fees. I, the enrolling Pupil understand and agree that any P1 Exam Prep Programs, CPD courses, and Community Memberships that have a fee attached to it, must be paid in full before I may commence, attend, rent, or otherwise gain access to the product, service, event, program or course of interest.

B) Changes to Fees.  I, the enrolling Pupil agree that Pretty Paralegal reserves the right to offer P1 Exam Prep Programs, CPD courses, Community Membership, and events free of charge to any or all Pupil(s) in its sole discretion; to offer limited time special pricing offers; and to lower or increase fees in Pretty Paralegal's sole discretion at any time without notice to any Pupil(s) who are not yet enrolled in the specific P1 Exam Prep Program, CPD courses, events, or Community for which the fee may be changed.

 C) Enrollment Cancellations & Cancellation Fee.  I, the enrolling Pupil agree that I may withdraw my enrollment from any Pretty Paralegal P1 Exam Prep Program, and CPD course within 72 hours of enrollment, for a refund subject to a $60.00  cancellation fee, by sending an email to [email protected]. 

D) No Refund after 72 Hours. I, the enrolling Pupil understand and agree that any and all payments for the enrollment in and rental or licensing of any Pretty Paralegal P1 Exam Prep Program and CPD course, that are not cancelled within 72 hours of enrollment, shall be wholly non-refundable. 

E) Payment by Third Party Credit Cards. I, the enrolling Pupil acknowledge and agree that any payments made for online course enrollments, shall be paid by my own credit card or bank account; or in the event that a third party's credit card is used to pay for my enrollment in any P1 Exam Prep Program or CPD course, that my use of the third party's credit card was used with the consent of the third party payer.

5. HOW TO PASS: SUCCESS GUARANTEE

If I am a Candidate who has failed the LSO's paralegal licensing exam after I purchased and completed the Pretty Paralegal HOW TO PASS: P1 Licensing Exam Prep Program ("How to Pass"), I agree to:

F) HOW to PASS Success Guarantee Terms. I, the enrolling Pupil acknowledge and understand that Pretty Paralegal offers a Success Guarantee whereby, if I fail the licensing exam  I fail the Paralegal Licensing Exam after paying for the HOW TO PASS: P1 Licensing Exam Prep Program, I may make a claim for the Money Back Guarantee (the "Guarantee"):

i. if I gave my agreement to be bound by these terms, prior to writing the exam; 

ii. if I completed all of the FREE Trial chapters, and paid to upgrade for access to the premium content;

iii. if I completed 100% of all chapters and modules in the Program (including the FREE Trial chapters and modules, as well as the upgraded premium chapters and modules); 

iv. if I attended and actively participated in all LIVE Final Stretch Bootcamp classes and scheduled One-On-One coaching sessions; 

v. if I implemented all strategies exactly as taught without any deviation; 

vi. if I completed all assignments and practice tests given to me by Pretty Paralegal;

vii. if I continued to actively work with Pretty Paralegal after the first failed exam, and then failed a second time.

G. HOW TO PASS Money Back Guarantee Fulfillment. I, the enrolling Pupil acknowledge and agree that Pretty Paralegal's ability to fulfill the Guarantee shall be subject to the following terms and conditions: 

i. the amount of money refunded shall not exceed the amount that I paid to the LSO to register for the exam and shall not exceed either the amount I paid to the LSO to register for the exam or the amount I paid to register for HOW TO PASS, whichever is less (a "Reimbursement" and to "Reimburse"). For example, if the LSO fee for materials and to rewrite the exam costs $900, and paid $997 for HOW TO PASS and failed twice, then Pretty Paralegal can Reimburse only $900 to me and shall keep $97. Whereas, if the LSO fee costs $1,000 and I paid $997 for HOW TO PASS, then Pretty Paralegal can only Reimburse me for $997.

iii. The fulfillment of the Guarantee requires my participation in a one-on-one coaching call with a Pretty Paralegal coach to analyze my LSO Exam Report (given only to candidates who didn't pass) to determine what areas need work / extra coaching / support, and to determine what I experienced and struggled with in order to create specific strategies for me (the "Report Analysis").  This must be completed prior to Pretty Paralegal's payment of the Reimbursement.

iv. The Guarantee will include the provision of a set of practice exams that will be specifically curated to focus on the specific areas of law and legal analysis that my LSO Report identified as areas for improvement;

v. I will actively commit to participation in 4 weeks of private coaching (i.e. 1 - 3 hour private coaching calls per week via video conference calling), to strengthen my exam skills, and I can only receive the Reimbursement after my active participation in this coaching; and

vi. If I first took HOW TO PASS to prepare for my 3rd attempt at passing the P1 Licensing Exam, and then failed again, then I agree that Pretty Paralegal may advocate for me to the LSO to help me obtain another chance.  I understand and agree that if the LSO denies this request, then the quantum I paid for HOW TO PASS cannot be Reimbursed.

H. Claiming the Money Back Guarantee. I, the enrolling Pupil acknowledge and agree that the Guarantee will only be available to me:

i. if the historical data of my Pretty Paralegal account shows that I confirmed my acceptance in the HOW TO PASS Guarantee module's acknowledgement, before sitting for the exam that immediately followed the end of HOW TO PASS for that sitting; 

ii. if I provide Pretty Paralegal with a copy of the correspondence from the LSO confirming a "fail" result from the exam sitting immediately following completion of the HOW TO PASS Program that I am seeking a Reimbursement of;

iii. if I claim the Guarantee and participate in a Report Analysis within 4 weeks from the date on which the LSO gave me my exam results, after which I will have forfeited my right to receive a Reimbursement, but will remain entitled to continued one-on-one private coaching at no further cost;

iv. if I give Pretty Paralegal a colour copy of the front and back of my LSO Candidate I.D. card;

v. if I give Pretty Paralegal a copy of my proof of payment / the LSO receipt for my next exam attempt;

vi. if I give Pretty Paralegal a signed Authorization & Direction allowing Pretty Paralegal to contact the LSO to confirm my candidacy and proof of payment;

I. When the Money Back Guarantee Is Void.  I, the enrolling Pupil acknowledge and agree that this Guarantee does not apply to any Pupil who withdraws from the Program prematurely, or who is removed from the program for misconduct.  Misconduct includes:

i. any course of conduct, comment that would be regarded by any reasonable person as wilfully offensive, inappropriate, unprofessional, discriminatory, disrespectful, and/or harassing behaviour toward any other Pupil or any instructor or coach of HOW TO PASS, which was known to be unwelcome, or which ought to be known to be unwelcome or unacceptable;

ii. multiple failures to complete assignments or practice exams, and failure to attend LIVE Bootcamp dates or one-on-one coaching appointments, after the 15 minute grace period has passed; and

iii. any unauthorized and / or unlawful disclosure, dissemination, licensing, copying, distribution, or other exploitation of the HOW TO PASS content, materials, and strategies to third parties who were not enrolled in HOW TO PASS as a Pupil of Pretty Paralegal. 

6. IRREPARABLE HARM / INJUNCTIVE RELIEF

I, the enrolling Pupil agree, that in acknowledging the terms of section 2 A) above, I understand and agree that if I fail to comply with any of the provisions of section 2 B) and C) above, I would cause irreparable harm to the Companies and their shareholders  and therefore, the Companies shall be entitled to an injunction and other equitable relief in the event of any such aforementioned unlawful Exploitation of the Works.

7. INDEMNITIES

I, the enrolling Pupil agree to indemnify, defend and hold harmless the Companies, their shareholders, officers and directors; employees and its affiliates and their respective successors and assigns and each other person, if any, who controls any of the Works thereof, against any loss, liability, claim, damage and expense whatsoever (including, but not limited to, any and all expenses whatsoever reasonably incurred in investigating, preparing or defending against any litigation commenced or threatened or any claim whatsoever) arising out of or based upon any false representation or warranty or breach or failure by me,  to comply with any covenant or agreement made herein or in any other document furnished by the Companies or executed by me in relation to any of the foregoing in connection with my enrollment, use of and rental of any Pretty Paralegal P1 Exam Prep Programs and CPD courses.

8. DISCLAIMER

I, the enrolling Pupil agree and understand that:

A) Pretty Paralegal and the Companies are not members of the Law Society of Ontario, nor do they provide legal services, but are rather, a legal education service provider and education platform owned and controlled by licensed member(s) of the Law Society of Ontario, who provide the content and instruction.

B)  the provision of any P1 Exam Prep Programs and CPD courses by Pretty Paralegal are for educational purposes only, and: 

    i) does not create a paralegal /client relationship between the Companies, its licensed
       members, shareholders, officers, directors and employees.

C) my enrollment, subscription, membership and course rentals:

    i) do not endow upon me any colour of right in respect of the Works;

    ii) are subject to enrollment fees from time-to-time which are non-refundable.

D) Any of the Pretty Paralegal P1 Exam Prep Programs and CPD course do not act as a replacement for or of any existing and valid statutes and regulations in respect of the paralegal profession, including but not limited to the Solicitor's Act, Law Society Act, Paralegal Rules of Professional Conduct and Paralegal Guidelines.

E) as a member of the Pretty Paralegal community, If I become aware of any pertinent errors in Pretty Paralegal's content, then as a professional courtesy and in good faith in support of our fellowship, I shall promptly advise Pretty Paralegal of the error (by email to [email protected]) so that it may be remedied in as discrete, dignified, and efficient a manner as possible. 

9. ENTIRE AGREEMENT

This Term of Use Agreement constitutes the entire agreement and understanding between the enrolling Pupil and the Companies in respect of the enrolling Pupil's membership, conduct, use of, access to and enrollment in the Pretty Paralegal Pupillage. 

10. GOVERNING LAW

This Term of Use Agreement shall be governed by the laws of the Province of Ontario and of Canada respectively.