Terms of Use

Effective Date: August, 13th, 2026

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These Terms of Use (“Terms”) govern access to and use of the website, online materials, community spaces, and related services operated by She Writes, She Reigns, LLC, doing business as The Open Practice Academy (“TOPA,” “we,” “us,” or “our”).

TOPA’s mailing address is: She Writes, She Reigns, LLC DBA The Open Practice Academy
5900 Balcones Drive Ste 100, Austin, TX 78731, United States.

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Questions about these Terms may be directed to info@theopenpracticeacademy.com.

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By accessing or using the TOPA website, registering for an event or community space, creating an account, purchasing a product, submitting an inquiry, downloading materials, or otherwise using a TOPA service, you agree to these Terms. If you do not agree to these Terms, do not use the website or related services.

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If you use the website or services on behalf of an organization, you represent that you have authority to bind that organization. In that case, “you” and “your” include both you individually and the organization you represent.

1. Scope of These Terms

These Terms apply to:

• The TOPA website and related webpages;

• General website visitors and prospective clients;

• Service descriptions, educational content, articles, and other website materials;

• Contact forms, inquiry forms, and discovery-call scheduling;

• TOPA accounts, portals, and member areas;

• Purchases of digital or tangible products;

• Registration for workshops, webinars, talks, and asynchronous learning experiences;

• Participation in TOPA Community, Practice Circle, Dialogue Club, and related community spaces;

• Access to downloadable resources and open educational materials;

• The Belong & Return service and related website or platform access; and

• Links to third-party websites, platforms, tools, or services.

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These Terms are intended to govern general website and service use. They do not replace a written agreement that specifically governs a paid engagement, subscription, purchase, or community program.

2. Separate Agreements and Order of Precedence

Certain TOPA services are governed by additional or separate agreements.

2.1 Custom and Professional Services

Paid professional services, including Practice Cartography, Custom Learning Pathways, Specialist Support, Website Clarity + Content Revision, workshops, facilitation, consulting, and implementation support, are governed by the applicable:

1. TOPA Client Services Agreement;

2. Statement of Work, Order, or Engagement Agreement;

3. Payment Terms or Financial Addendum, if applicable; and

4. Any service-specific terms incorporated into the applicable agreement.

If these Terms conflict with a signed Client Services Agreement, Statement of Work, Order, or Engagement Agreement, the signed agreement controls for the applicable paid engagement.

2.2 Belong & Return

Belong & Return is a TOPA service and product offering that may include implementation, configuration, management, messaging, reporting, strategy, and access to a third-party digital loyalty, membership, or engagement platform.

Belong & Return subscriptions are governed by the separate TOPA Belong & Return Subscription & Service Agreement and the applicable Order or Service Schedule. Those documents control in the event of a conflict with these Terms.

The underlying technology may be operated by Belong & Return, Inc. or another third-party platform provider identified in the applicable agreement. The platform provider’s own Subscription Agreement, Terms of Use, Acceptable Use Policy, Privacy Policy, data-processing terms, and other applicable terms may also apply to direct use of the platform.

The third-party platform provider’s terms are separate from TOPA’s Terms. TOPA does not adopt or assume obligations that belong exclusively to the platform provider.

2.3 Community-Specific Policies

Participation in a TOPA community, Dialogue Club, Practice Circle, workshop, or other group experience may be subject to additional participation policies or community agreements. Those policies may address attendance, cancellation, recordings, confidentiality, AI notetakers, respectful conduct, and access to member materials.

If a community-specific policy conflicts with these Terms, the community-specific policy controls for that community activity.

2.4 Privacy Policy

TOPA’s Privacy Policy describes how TOPA collects, uses, discloses, retains, and protects personal information. The Privacy Policy is incorporated into these Terms by reference.

The Privacy Policy is available at:

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[TOPA Privacy Policy URL]

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3. Eligibility and Account Information

You may use the TOPA website only if you are legally capable of entering into a binding agreement under applicable law.

You agree to provide accurate, current, and complete information when submitting an inquiry, registering for an event, creating an account, purchasing a product, or entering into an agreement with TOPA.

You are responsible for:

• Maintaining the accuracy of your account and contact information;

• Maintaining the confidentiality of account credentials;

• Restricting access to your account;

• Notifying TOPA promptly of unauthorized access or suspected account compromise; and

• All activity occurring through your account that results from your acts or omissions.

TOPA may suspend or terminate an account that contains inaccurate information, is used deceptively, creates a security risk, or violates these Terms or an applicable service agreement.

 

4. TOPA Services and Offerings

TOPA provides professional development, learning design, open education, research and literacy support, human-centered implementation support, community learning, and related services.

Services and offerings may change over time. Current offerings may include the following.

4.1 Practice Cartography

Practice Cartography may include document review, practice diagnostics, organizational planning, documentation support, implementation roadmaps, knowledge organization, AI-readiness recommendations, and related consulting or implementation work.

Specific deliverables, scope, timelines, pricing, client responsibilities, and licensing terms are established in the applicable Statement of Work or Order.

4.2 Custom Learning Pathways

Custom Learning Pathways may include curriculum design, course and program design, professional learning, multimodal learning pathways, open education implementation, instructional design, facilitation, accessibility-informed design, and team-based learning support.

Custom Learning Pathways may be delivered to individuals, teams, institutions, libraries, schools, districts, nonprofits, or other organizations.

Specific scope and deliverables are established in the applicable Client Services Agreement and Statement of Work.

4.3 Specialist Support

Specialist Support may include live strategy sessions, coaching, brainstorming, peer review, document feedback, asynchronous support, troubleshooting, and thought-partner services.

Specialist Support may be sold by session, hour package, monthly support arrangement, or another structure described in the applicable Order.

Unless expressly stated otherwise, Specialist Support does not include unlimited availability, emergency response, guaranteed response times, or completion of a fixed deliverable.

4.4 Belong & Return

Belong & Return is a relational engagement and participation service that may include:

• Digital membership or loyalty cards;

• Participant, customer, donor, alumni, or member records;

• Segmentation and engagement information;

• Notifications;

• Email or text outreach;

• Two-way communication;

• Feedback collection;

• Referral or peer-advocacy tools;

• Automation;

• Reporting and analytics;

• Integration access;

• Messaging and voice support; and

• Strategy sessions or relationship-building support.

Belong & Return may be offered through tiers such as:

• The Foundation;

• The Full Cycle; and

• The Relationship Partnership.

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Available features, member limits, implementation services, pricing, platform access, data responsibilities, and subscription terms are governed by the applicable Belong & Return Subscription & Service Agreement and Order.

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TOPA does not guarantee any particular level of retention, return, engagement, fundraising, enrollment, participation, donor activity, customer activity, alumni activity, or other outcome.

4.5 Website Clarity + Content Revision

Website Clarity + Content Revision may include website review, messaging analysis, copy revision, content recommendations, implementation support, and related strategic or editorial services.

The applicable Order or Statement of Work will identify whether the service includes review, copy revision, implementation, a full package, or another defined scope.

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Unless expressly included in writing, TOPA does not provide website hosting, domain registration, custom software development, ongoing website maintenance, legal review, accessibility certification, or search-engine ranking guarantees.

4.6 Workshops, Webinars, Talks, and Asynchronous Learning

TOPA may offer:

• Talks and presentations;

• Webinars;

• Interactive workshops;

• Full-day professional learning;

• Facilitated team sessions;

• Asynchronous learning;

• Certificate or pathway experiences;

• Open education learning experiences;

• Research and literacy development; and

• Related educational programming.

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Program dates, attendance requirements, cancellation rules, recordings, materials, and participant limits may be described in the applicable registration page, event policy, or client agreement.

4.7 TOPA Community and Practice Circle

TOPA may offer free or paid community experiences, including TOPA Community, Practice Circle, Dialogue Club, sector-based groups, newsletters, member resources, and related activities.

Community participation is a shared learning experience, not a guarantee of individualized consulting, coaching, employment, certification, academic credit, professional licensure, or institutional endorsement.

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Community spaces may have additional rules concerning:

• Respectful participation;

• Confidentiality;

• Attendance;

• Recordings;

• AI notetakers;

• Member-only materials;

• Use of names, images, or comments;

• Removal from the community; and

• Refunds or credits.

4.8 Digital and Tangible Products

TOPA may offer digital resources, downloadable files, templates, publications, books, artwork, office supplies, educational materials, or other tangible or digital products.

Product descriptions, pricing, delivery method, licensing, permitted uses, refund eligibility, and other conditions may be stated on the applicable product page or order confirmation.

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Digital products are licensed, not sold, unless the applicable product terms expressly state otherwise.

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TOPA may discontinue, modify, substitute, or limit products and services at any time, subject to obligations already accepted in a paid agreement or completed order.

5. Registration, Purchases, and Payments

When you purchase a service, product, subscription, event registration, or community membership, you agree to provide accurate billing and contact information.

Unless otherwise stated in the applicable order or agreement:

• Prices are stated in United States dollars;

• Applicable taxes, fees, shipping, or processing charges may be added;

• Payment is due at the time and in the manner stated at checkout or in the applicable agreement;

• Third-party payment processors may process payment information;

• TOPA does not store complete payment-card numbers when payment is processed through a third-party processor;

• You authorize TOPA or its payment processor to charge the selected payment method for approved charges; and

• You are responsible for ensuring that your payment method remains valid.

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For recurring subscriptions, the billing frequency, renewal terms, cancellation process, and any applicable notice period will be disclosed at checkout or in the applicable subscription agreement.

If a payment is declined, reversed, disputed, or overdue, TOPA may suspend access, delay delivery, charge permitted fees, or terminate the applicable service or subscription.

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TOPA may correct pricing, typographical, product-description, or availability errors. If an error materially affects an order that you have placed, TOPA may notify you and provide the option to confirm the corrected order or cancel it.

6. Cancellations, Refunds, and Rescheduling

Cancellation, refund, credit, and rescheduling rights depend on the applicable service, product, event, subscription, Order, Statement of Work, or community policy.

Unless a different written policy applies:

• A service may be cancelled before work begins, subject to the applicable agreement;

• Once work begins, any refund may be prorated based on work performed, committed resources, third-party costs, and nonrefundable expenses;

• Setup, reservation, implementation, or build fees may become nonrefundable once work or configuration begins;

• Event and workshop registrations may be subject to attendance, cancellation, transfer, and minimum-participant rules;

• Digital products may not be refundable after download or access, except where required by law or expressly stated otherwise;

• Tangible product returns, if available, must follow the applicable product-page policy; and

• Subscription cancellation will be governed by the applicable subscription terms.

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TOPA may reschedule or cancel an event, workshop, or community session because of insufficient registration, instructor or facilitator unavailability, technical issues, emergency, or another legitimate operational reason. If TOPA cancels, TOPA may offer rescheduling, credit, or a refund as appropriate to the applicable offering.

7. Acceptable Use and Prohibited Conduct

You may use the website and TOPA services only for lawful purposes and in accordance with these Terms and any applicable service-specific policy.

You may not:

• Violate applicable federal, state, local, or international law;

• Infringe or misappropriate another person’s intellectual property, privacy, publicity, or other rights;

• Use the website to harass, threaten, stalk, intimidate, discriminate against, or harm another person;

• Submit or transmit malicious code, viruses, or harmful software;

• Interfere with the security, operation, or availability of the website or a TOPA service;

• Attempt to gain unauthorized access to an account, system, platform, or data;

• Scrape, crawl, harvest, copy, or systematically extract website content without written permission;

• Use automated tools to overwhelm or disrupt the website;

• Impersonate TOPA, a TOPA representative, another user, or another organization;

• Submit false, misleading, defamatory, unlawful, or fraudulent information;

• Upload sensitive information where TOPA has not expressly agreed to receive it;

• Use TOPA materials to train, fine-tune, or develop an external artificial-intelligence model without written permission;

• Resell, sublicense, publish, distribute, or commercially exploit TOPA materials except as expressly permitted;

• Circumvent access controls, payment requirements, registration limits, or licensing restrictions;

• Use a community space to solicit members improperly, promote unrelated services, or collect information without authorization;

• Record, copy, redistribute, or publicly disclose community discussions or member-only materials in violation of applicable policies; or

• Encourage or assist another person in violating these Terms.

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TOPA may remove content, restrict access, suspend an account, or terminate participation when TOPA reasonably believes that conduct violates these Terms, threatens safety or security, or harms the integrity of a service or community.

8. Community Conduct and Confidentiality

TOPA community spaces are intended to support respectful, curious, and constructive learning.

Participants are expected to:

• Come curious;

• Listen generously;

• Speak from personal experience;

• Respect unfinished thinking;

• Make space for different voices;

• Challenge ideas rather than people;

• Leave room for complexity;

• Respect accessibility needs and communication differences; and

• Protect confidential or identifying information shared by other participants.

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Unless a specific community policy states otherwise, you may not assume that community discussions are confidential solely because they occur in a TOPA space. Where TOPA identifies a session, group, recording, or material as confidential or member-only, you agree not to disclose, record, reproduce, or redistribute it except as expressly permitted.

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TOPA may record, summarize, or use AI-assisted notetaking for certain sessions when the applicable registration materials or community policy provide notice. Participants may use personal assistive or AI tools only in a manner consistent with the applicable confidentiality and participation rules.

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TOPA may remove a participant from a community or event for harassment, discrimination, disruption, confidentiality violations, unsafe conduct, or other serious or repeated violations. Any refund or credit will be determined under the applicable event, community, or purchase policy.

9. User Content and Feedback

You may submit information, comments, questions, testimonials, suggestions, feedback, documents, images, or other materials through the website or in connection with a TOPA service (“User Content”).

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You retain ownership of User Content that you own or have the right to provide.

By submitting User Content, you represent that:

• You own or control the necessary rights;

• You have obtained required permissions and consents;

• The User Content does not violate another person’s rights;

• The User Content does not contain information that you are prohibited from sharing; and

• The User Content does not contain malicious code or unlawful material.

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You grant TOPA a limited, nonexclusive right to host, reproduce, transmit, display, organize, and use User Content only as reasonably necessary to operate, provide, secure, improve, or administer the applicable website or service.

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TOPA will not use confidential client materials for public marketing, case studies, or testimonials without the client’s prior written consent, unless the material is already publicly available and its use is otherwise lawful.

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You may voluntarily provide feedback about TOPA services. You grant TOPA permission to use nonconfidential feedback without compensation, provided that TOPA does not identify you or your organization without permission.

10. Intellectual Property and Licensing

10.1 TOPA Content

The website and TOPA services may include text, graphics, photographs, illustrations, videos, audio, templates, frameworks, curricula, worksheets, recordings, software, logos, trademarks, service marks, and other materials (“TOPA Content”).

TOPA Content is owned by or licensed to She Writes, She Reigns, LLC, Megan Zara, or the applicable third-party rights holder and is protected by intellectual-property laws.

Except as expressly permitted by these Terms, a written agreement, a product license, or a Creative Commons notice, you may not:

• Copy, reproduce, republish, sell, distribute, or publicly display TOPA Content;

• Modify or create derivative works from TOPA Content;

• Remove copyright, trademark, attribution, or licensing notices;

• Use TOPA Content to create a competing product or service;

• Use TOPA Content for commercial training or consulting;

• Represent TOPA Content as your own; or

• Upload TOPA Content to a public or external artificial-intelligence system for training or redistribution.

10.2 Limited Personal or Internal License

Subject to payment and compliance with these Terms, TOPA grants you a limited, nonexclusive, nontransferable, revocable license to access and use purchased or authorized TOPA Content for your personal, educational, or internal organizational purposes.

The license does not transfer ownership and does not permit resale, public redistribution, sublicensing, or commercial reuse unless the applicable license or agreement expressly permits it.

10.3 Creative Commons Materials

Some TOPA or Megan Zara materials may be made available under a Creative Commons license, including Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0). A Creative Commons license applies only when the specific item is clearly marked with that license or a link to the applicable license. The applicable license controls the permitted use of that item.

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Third-party materials included in TOPA Content remain subject to their own licenses, permissions, and attribution requirements.

10.4 Client Materials

Client content, branding, data, documents, and other materials supplied to TOPA remain the property of the client or the applicable rights holder.

The client grants TOPA the limited right to use those materials to perform the applicable services, prepare deliverables, administer the engagement, and meet legal or contractual obligations.

Ownership and licensing of custom deliverables will be governed by the applicable Client Services Agreement and Statement of Work.

10.5 Trademarks

“The Open Practice Academy,” “TOPA,” “Belong & Return,” “Practice Cartography,” and related names, logos, marks, and design elements may be trademarks or service marks of TOPA or their respective owners. You may not use TOPA marks without prior written permission.

11. Accessibility

TOPA is committed to developing clear, accessible, and human-centered learning experiences.

TOPA may use accessibility-informed practices, including plain language, multimodal formats, captions, descriptive text, accessible document structures, and Universal Design for Learning principles. However, TOPA does not warrant that every webpage, file, platform, third-party service, or historical resource will be fully accessible to every person or compatible with every assistive technology.

If you encounter an accessibility barrier, please contact info@theopenpracticeacademy.com with:

• The webpage, file, event, or service involved;

• A description of the barrier;

• The assistive technology or format you are using, if relevant; and

• The accommodation or alternative format that may help.

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TOPA will consider reasonable requests and available alternatives in good faith, subject to the nature of the material, technical limitations, timing, and applicable law.

12. Artificial Intelligence and Human Review

TOPA may use artificial-intelligence tools to assist with drafting, organizing, summarizing, research support, content development, workflow support, or other internal functions.

TOPA’s operating approach is human-directed and AI-assisted. AI tools do not independently set final prices, approve final recommendations, finalize client deliverables, or replace human review where TOPA has represented that review will occur.

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AI tools may produce inaccurate, incomplete, biased, or outdated information. TOPA reviews AI-assisted work to the extent appropriate for the service, but you remain responsible for reviewing materials before relying on them or implementing them.

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You must not submit confidential, sensitive, regulated, or personal information to an AI tool unless you are authorized to do so and the applicable service agreement expressly permits it.

TOPA may use AI-assisted recording or summarization tools in community, workshop, or consultation settings only as disclosed in the applicable registration materials, policy, or agreement.

13. Third-Party Services and Platforms

The website and TOPA services may contain links to, integrate with, or rely on third-party websites, payment processors, scheduling tools, video-conferencing systems, learning platforms, email tools, analytics providers, artificial-intelligence tools, digital-product platforms, and other services.

Third-party services are controlled by their respective providers. Their availability, security, content, functionality, pricing, privacy practices, and terms may change without TOPA’s control.

Your use of a third-party service may be governed by the third party’s terms and privacy policy. TOPA is not responsible for the acts, omissions, availability, security, content, or policies of third-party services.

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For Belong & Return, the underlying platform provider’s Subscription Agreement, Terms of Use, Acceptable Use Policy, Privacy Policy, and applicable data-processing terms may apply in addition to TOPA’s agreements.

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TOPA does not guarantee that a third-party service will remain available, compatible, secure, or unchanged throughout an engagement or subscription term.

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14. Educational and Professional Disclaimers

TOPA provides educational, professional-development, design, facilitation, implementation, and consulting support.

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TOPA Content and services are provided for informational, educational, strategic, and professional-development purposes. Unless a written agreement expressly states otherwise, TOPA does not provide:

• Legal advice;

• Tax advice;

• Accounting or financial advice;

• Medical, mental-health, or clinical advice;

• Investment advice;

• Employment advice;

• Formal accreditation or licensure;

• Regulatory certification;

• Guaranteed grant, funding, enrollment, donor, customer, or member outcomes; or

• A substitute for advice from a qualified professional.

You are responsible for evaluating the suitability of information and obtaining appropriate professional advice before making legal, financial, institutional, technological, health, or other consequential decisions.

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TOPA does not guarantee that a service, document, framework, learning pathway, website revision, community experience, or product will achieve a particular result.

Any examples, projections, case studies, testimonials, or descriptions of potential outcomes are illustrative and do not constitute a promise or guarantee.

15. Website and Service Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE, TOPA CONTENT, AND GENERAL WEBSITE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TOPA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND FREEDOM FROM ERRORS OR HARMFUL CODE.

TOPA DOES NOT WARRANT THAT:

• The website or any service will be uninterrupted or error-free;

• Content will be complete, current, accurate, or suitable for your circumstances;

• Defects will be corrected;

• The website will be free from viruses or other harmful components;

• A third-party platform will remain available or functional;

• Downloadable materials will work with every device or software environment; or

• Any service or product will produce a particular professional, educational, business, financial, or organizational result.

Some jurisdictions do not permit all warranty exclusions. To the extent a warranty cannot be excluded, it is limited to the minimum period and scope required by applicable law.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHE WRITES, SHE REIGNS, LLC, THE OPEN PRACTICE ACADEMY, MEGAN ZARA, AND THEIR OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OPPORTUNITY, OR USE, ARISING OUT OF OR RELATED TO:

• These Terms;

• The website;

• TOPA Content;

• A product, event, community, or service;

• An interruption or unavailability;

• A third-party service or platform;

• Unauthorized access or security incidents;

• Your use of or reliance on information; or

• Your inability to access or use the website or service.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOPA’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE WILL NOT EXCEED THE GREATER OF:

1. The amount you paid to TOPA for the specific website service or product giving rise to the claim during the three months before the event giving rise to liability; or

2. One hundred U.S. dollars ($100).

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For a paid service or subscription governed by a separate written agreement, that agreement’s limitation of liability controls.

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Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including liability for fraud, willful misconduct, or other liability that applicable law prohibits the parties from limiting.

17. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless She Writes, She Reigns, LLC, The Open Practice Academy, Megan Zara, and their members, managers, officers, employees, contractors, agents, licensors, and service providers from and against claims, demands, actions, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• Your breach of these Terms;

• Your violation of applicable law or another person’s rights;

• Your User Content;

• Your misuse of the website, TOPA Content, or a third-party service;

• Your violation of a community policy or platform policy;

• Your failure to obtain required permissions, notices, or consents;

• Your use of TOPA Content outside the permitted license; or

• Your negligent, reckless, fraudulent, or intentional conduct.

TOPA will provide reasonably prompt notice of an indemnified claim. TOPA may participate in the defense, and you may not settle a claim in a manner that admits TOPA’s liability, imposes an obligation on TOPA, or restricts TOPA’s rights without TOPA’s prior written consent.

18. Suspension and Termination

TOPA may suspend or terminate your access to the website, account, community, materials, or services if:

• You violate these Terms or an applicable agreement;

• You fail to pay amounts due;

• Your conduct creates a security, legal, operational, or reputational risk;

• Your use may harm another person or the TOPA community;

• TOPA is required to do so by law;

• A third-party platform or service becomes unavailable;

• TOPA discontinues the applicable service; or

• TOPA reasonably believes suspension or termination is necessary to protect TOPA, its clients, participants, or service providers.

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You may stop using the website at any time. Stopping use does not automatically cancel a paid service, subscription, event registration, or other obligation. Cancellation must follow the applicable agreement or purchase policy.

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Upon termination:

• Your right to access restricted materials may end;

• You must stop using materials whose license has ended;

• Outstanding payment obligations remain due;

• Provisions that by their nature should survive termination will survive, including intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, governing law, and dispute provisions; and

• TOPA may retain information as required or permitted by its Privacy Policy, applicable agreement, or law.

19. Force Majeure

TOPA will not be liable for delay or failure to perform caused by circumstances beyond TOPA’s reasonable control, including natural disasters, severe weather, fire, flood, epidemic, pandemic, war, terrorism, civil unrest, labor disruption, governmental action, power or internet failure, cybersecurity incident, platform outage, supplier failure, or other similar event.

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TOPA will use reasonable efforts to provide notice and resume performance when practicable. If a force majeure event substantially affects a paid service, the applicable Client Services Agreement, Order, or subscription agreement will control available rescheduling, credit, refund, or termination rights.

20. Electronic Communications and Signatures

When you contact TOPA electronically, register for a service, submit a form, accept an online order, or use an electronic-signature process, you consent to receive communications electronically.

Electronic communications, notices, acknowledgments, clickwrap acceptances, and electronic signatures may satisfy legal requirements for written communications or signatures to the extent permitted by applicable law.

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You are responsible for maintaining a current email address and for reviewing communications from TOPA. TOPA may provide notices by email, through the website, through an account portal, or by another reasonable electronic method.

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SMS Messaging Program

By opting in to receive text messages from The Open Practice Academy, you agree to receive account-related and customer-care messages, including responses to your inquiries, scheduling messages, and follow-ups, at the mobile phone number you provided. Message frequency may vary. Message and data rates may apply. Reply STOP at any time to unsubscribe. After you send STOP, we will confirm your opt-out and send no further messages. Reply HELP for help, or contact us at info@theopenpracticeacademy.com. Carriers are not liable for delayed or undelivered messages. Your consent to receive text messages is not a condition of purchasing goods or services. You may withdraw consent at any time by replying STOP. Additional messaging-program privacy terms are provided in the TOPA Website Privacy Policy.

21. Modifications to These Terms

TOPA may update these Terms from time to time. When TOPA makes a material change, TOPA may post the revised Terms and update the Effective Date. TOPA may also provide notice by email, account notification, or another reasonable method.

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Unless a different effective date is stated, revised Terms become effective when posted.

Your continued use of the website after revised Terms become effective constitutes acceptance of the revised Terms. If you do not agree to revised Terms, you must stop using the website and follow any applicable cancellation process for paid services.

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Changes to a signed Client Services Agreement, Statement of Work, Order, or Belong & Return Subscription & Service Agreement must be made according to the modification procedure in that agreement.

22. Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules that would require application of another jurisdiction’s law.

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Subject to any dispute-resolution provision in a signed Client Services Agreement, Order, or subscription agreement, any legal action arising out of or relating to these Terms or the website will be brought exclusively in the state or federal courts located in Travis County, Texas. You consent to personal jurisdiction and venue in those courts.

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Nothing in this section prevents TOPA from seeking temporary, preliminary, or emergency equitable relief in a court with appropriate jurisdiction to protect intellectual property, confidential information, account security, or other rights.

23. No Waiver; Severability

If TOPA does not immediately enforce a provision of these Terms, that does not waive TOPA’s right to enforce it later.

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If any provision of these Terms is held invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will continue in effect.

24. Assignment

You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms without TOPA’s prior written consent.

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TOPA may assign these Terms in connection with a merger, reorganization, sale of assets, change in control, or transfer of the applicable business, provided that the assignment does not materially reduce your rights under an active paid agreement.

25. No Agency or Partnership

These Terms do not create a partnership, joint venture, employment, franchise, fiduciary, or agency relationship between you and TOPA.

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You may not represent that you have authority to act for or bind TOPA.

26. Entire Agreement

These Terms, the Privacy Policy, applicable product or community policies, and any applicable Client Services Agreement, Statement of Work, Order, subscription agreement, or other written agreement constitute the agreement governing the applicable subject matter.

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These Terms supersede prior website-related statements concerning the same subject matter, except that a signed agreement controls for the paid service or transaction it governs.

27. Contact Information

Questions, notices, accessibility requests, privacy inquiries, and other communications regarding these Terms may be sent to:

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She Writes, She Reigns, LLC DBA The Open Practice Academy
5900 Balcones Drive Ste 100
Austin, TX 78731
United States

Email: info@theopenpracticeacademy.com

Effective Date: August 13th, 2026
Last Updated: August 13th, 2026