Terms and Conditions

By using and/or registering to become a member of MarthaFraser.com, you are stating that you understand and agree to be bound by the terms and conditions of this user agreement (the “agreement”). Please read the agreement. If you disagree with anything in this agreement, please do not use the site or any services provided in connection with the site.

MarthaFraser.com works  with solo-preneurs and small businesses, information of this is available on the site. The information is generic in nature and we take no responsibility for its usage.

Company Details

Trading Name: Martha Fraser, Country: Ireland

Telephone Number: +353879120850, Email: martha@MarthaFraser.com

Payments

All payments for online programs, workshops, retreats, masterminds, power hours, 1:1 coaching and mentoring outlined on this website are to be made in Euro (€). All Euro (€) advertised pricing does not include VAT.

Refunds/Cancellations

Business clients will be required to agree to the terms and conditions outlined in their agreed contract at the commencement of business. Any cancellations will be charged if cancelled within 3 days of said time. All work carried out will be charged at the contracted rates and any extra work or consultation phone calls will be charged at the agreed extended rate.

Power Hours/Business Consultations – a refund is not available if cancelled within 7 days of our meeting. This is billed hours that Martha Fraser may not fill again with another client within that time frame.

Event/Retreat/Mastermind a refund is available for 14 days post purchase, however it is not available after this time, as the place on these events have been reserved.

Online Programs has a strict no refund policy. If after purchasing an online program you request a refund, this is not possible as you have access to digital content that has the potential to be downloaded/copied in full. However, if you have followed all the content and can show proof of work done following the programs, there will be a guarantee provided of a refund within the first 30 days with proof of completed homework for the available content of the online program purchased.

If you receive any complimentary sessions as part of a package or program purchased, and then request a refund of said package, you will be required to make payment of the complimentary session, valued at €500.

Each refund request will be assessed on a case-by-case basis and when genuine value has not been received or isn’t able to be received, refunds will be granted at the discretion of the Martha Fraser team.

 

Retreat/Masterminds

The Retreat/Mastermind payment may be paid in one payment or on a monthly payment plan.  The payment will be taken automatically from the nominated credit card on the same date of each month.  The Retreat/Mastermind places are non-refundable and a commitment to a payment plan is in place until the full payment is successfully completed.  

Retreat tickets are transferable via written notice to martha@MarthaFraser.com at least 14 days before the retreat date, with constent via Martha Fraser, first.  

The date of retreat tickets can be moved to a future retreat with 14 days written notice to martha@MarthaFraser.com before the original retreat date however future schedules cannot be confirmed and may be a number of months from the original date.  There is a 20% change fee of the total retreat ticket that applies for changing the retreat date.If a referral occurs without a new date being set, the amount is non-refundable.

Payments made by credit card will be automatically processed on the monthly due date.  If the credit card payment is not successful for any reason, attempts to charge will be made in the following days/weeks.  If attempts for payment with the card continues to fail, or if a charge-back is claimed by the client or his/her bank, the matter will be handled internally with written notice or transferred to a debt collection agency and reported to the standard debt body.

At our discretion, the MarthaFraser.com team may hand-pick a client to move from the 2/3 day retreat program into a more personalised one-on-one program that is conducted via Skype and custom-builds.  Skype training and strategy sessions take place over a two week period (rather than 3 days) to ensure maximum results and customisation of the funnel.  Details on the program will be notified in writing and your acceptance will be confirmed before the program is transferred from the 2/3 day group retreat to the more intimate one-on-one personal program.  No additional costs will be required for this change of program roll-out.

Each marketing funnel build is unique based on the needs and recommendations discussed in the private pre-retreat consultation.  Training will be provided on the three days to assist in using the software in their business.  It is the responsibility of the attendee to embrace and continue to self-train after the event as required.  Further training can be arranged with MarthaFraser.com post-retreat in the form of online programs, masterminds or 1:1 coaching and will be charged additionally and separately to the retreat payment.

Invoices for any MarthaFraser.com program are automatically generated and can be requested at any time by emailing martha@MarthaFraser.com.

All Online Programs

You are required to provide 30 day written notice for cancellation of membership to martha@marthafraser.com.

Refunds are not guaranteed for programs payments due to change of mind.

We ask you to treat others with respect and kindness in the Private Facebook Groups.  Any divisive or un-toward posts or behaviours will be deleted and we reserve all rights to remove offending members from the programs without refund as a result of divisive comments or actions;

Martha Fraser Facebook group is not to be used a as a portal for self- or business-promotion and failure to adhere to these guidelines may result in a written warning or removal from the group.  This includes the harvesting of members both publicly and privately to recruit to other communities, products or services;

You are not permitted to copy, print, distribute or promote the content within Martha Frasers Online Programs without prior written approval;

Legal action will be taken again offending parties relating to these terms of Martha Fraser.

Disclaimer

As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from this website.

Every effort has been made to accurately represent information and its potential.  Even though this industry is one of the few where one can write their own check in terms of earnings, make no guarantee that you will earn any money, or in any way benefit from, using the techniques and ideas in these materials.  Examples in these materials are not to be interpreted as a promise or a guarantee of earnings.  Earning potential is entirely dependent on the person using our product, ideas and techniques.

Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills.  Since these factors differ according to individuals, we cannot guarantee your success or income level.  Nor are we responsible for any of your actions.

Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earning potential.  Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.

Except for any implied condition, guarantee or warranty the exclusion of which from these Terms and Conditions would contravene any statute or cause any part of these Terms and Conditions to be void (“Non Excludable Condition”), we exclude from these Terms and Conditions all conditions, guarantees, warranties and terms, implied by statute, general law or custom. Except for any liability in relation to a Non Excludable Condition, we exclude all liability whether arising in tort (including, without limitation, negligence), contract, equity or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the services. Nothing in these terms affects the statutory rights of any person under the Irish/European Consumer Law or any other applicable law.

Privacy

Our Website is committed to the protection of personal information provided to us. Our Website follows various principles concerning the collection, storage and use of personal information.

Intellectual Property

The material contained in this site, including our name, logos slogans, data, information, graphics, underlying software, are protected by copyright, trademark and other intellectual property laws, are owned by us and our licensees and are available for your personal use only.

You must not copy, modify, alter, download, publish, broadcast, distribute, sell or transfer any such materials unless expressly provided for in these Terms and Conditions or with our express permission. All rights not expressly granted herein are reserved. Downloading of any information, content or images from our website does not transfer any right or ownership of such information, content or images to you and such information, content or images may be used solely in accordance with these Terms and Conditions.

The site and the data in it are supplied solely for informational use. Apart from permitted uses under the Copyright Law and, except for the temporary copy held in your computer’s cache and downloading for private use, no part of the material or data contained in this site may be reproduced, altered, transmitted or re-used for any purpose whatsoever without the written permission of MarthaFraser.com.

Website Content and Materials

The information and materials contained in this site (including these terms and conditions) are subject to change without notice. We may discontinue or make changes to the content of this site and the network at any time. Any dated information included in this site is current at the date of publication only, and we will not have any obligation or responsibility to update or amend such information.

No Offer of Products or Services

Nothing contained in this site will constitute an offer by Our Website for any products or services which may be advertised through the site including its micro site pages. Nor does Our Website make any specific warranty or representation of any kind with respect to any such information. Our Website will not be liable to you or any person who incurs any loss or damage as a result of relying upon any such information.

Applicable Law

These Terms and Conditions shall be construed and governed by the laws of Ireland and European Law. Further, any dispute arising from these Terms and Conditions or a breach of any agreement between us and you will be governed by the laws of Ireland and the EU. As a user of this website and our services you submit to the exclusive jurisdiction of the courts of Ireland and the EU.

 

SERVICES

To use the MarthaFraser.com Site, you do not have to register to become a MarthaFraser.com member (“Member”). As a Member, however, you will have access to various services to which non-Members do not have access, some of which will enable you and other site members to interact with each other (“Member Areas”).

We reserve the right to modify or discontinue, temporarily or permanently, the MarthaFraser.com Site (or any part thereof) with or without notice. You agree that MarthaFraser.com shall not be liable to you or to any third party for any such action.

If you would like to register to become a Member, please complete our membership registration form. When you do, you agree to: provide true, accurate, current and complete information as prompted by the registration form, maintain and update such information to keep it true, accurate, current, and complete at all times, and that you are the age that you state.

 

If any information provided by you on the registration form is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to so believe, we have the right to suspend or terminate your membership and to refuse to provide you with any future membership. If we have reason to believe that you have registered someone other than yourself, we will cooperate with any law enforcement investigation that may result from such misrepresentations and shall have the right, in our sole discretion, to disclose any information you provided to us in connection with such registration.

MarthaFraser.com makes a good faith effort to prohibit registration as a Member by, and will not knowingly connect or store personal information from, children as governed by law.

FEES

We reserve the right at any time to charge fees for access to Site content or services or to portions of the existing Site content or services or the Site as a whole. In no event will you be charged for access to any Site content or service, or to the Site as a whole, unless we obtain your prior agreement to pay such charges. If you do not consent to such charges, however, you may not have access to paid content or service.

SITE RULES

Following are some basic rules that apply to the MarthaFraser.com Site and that you agree to follow. If you violate any of the Site rules, or if we have reasonable grounds to so believe, we have the right to deny you access to the Site, to suspend or terminate your membership and to refuse to provide you with any future membership. You agree not to use the Site to upload, store, post, email or otherwise transmit any:

… material that is inaccurate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, sexually explicit, libelous, invasive of another’s privacy, hateful, racist, bigoted or otherwise objectionable;

… material that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

… material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party, advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except where specifically permitted;

… or material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Additionally, you agree not to:

… impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

… forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Site;

… disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;

… interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

… try to gain access to areas that are private toMarthaFraser.com administrators or to otherMarthaFraser.com users;

… violate any applicable local, state, national, or international law or any regulation having the force of law;

… stalk or otherwise harass another;

… harm minors in any way, including, without limitation, to establish unlawful contact with minors (whether on or off the Site);

… collect or harvest screen names; collect or store personal data about other users of the Site; or solicit or attempt to discover a user’s password, screen name, or other registration information without the user’s express knowledge and consent;

… engage in or run raffles, lotteries, contests or sweepstakes;

… promote or provide instructions of information about how to engage in illegal conduct or commit illegal activities, promote physical harm or injury, or promote any illegal act; or

… store any information or use any Web page or directory you create for remote loading or as a door or signpost to another Web page, whether inside or outside the Site.

You acknowledge that we do not prescreen material posted or transmitted on the Site, but that we and our designees shall have the right (but not the obligation) in our sole discretion to review and edit, delete or refuse to post any material submitted for display or placed on the Site, including but not limited to message board posts, profiles, and member-to-member messages. Without limiting the foregoing, we and our designees shall have the right to remove any material that violates this Agreement, that we believe in good faith may create liability for us, or that we deem is otherwise objectionable.

You acknowledge and agree that we may preserve material and may disclose material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

… comply with legal process;

… enforce this Agreement;

… respond to claims that any material violates the right of third parties; or

… in our sole judgment, protect the rights, property, or personal safety of MarthaFraser.com, its users and the public.

PRIVACY

Our Privacy Policy states in full our policy regarding Member privacy; see that document for more details.

 

PUBLIC AREAS

A Public Area (“Public Area”) of the Site is any area where you may submit material (“Submissions”) for viewing by others or view Submissions of other MarthaFraser.com, such as profiles, forums, or award programs. In some of these areas, a Submission includes the name, ID, nickname, and/or other information that would be displayed with the submitted material, as applicable. You agree to use Public Areas in accordance with the Agreement and any policies for the Public Areas that are displayed on the Site.

BY SUBMITTING MATERIAL TO A PUBLIC AREA, YOU AGREE TO INDEMNIFY MarthaFraser.com AND HOLD IT HARMLESS FROM ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LIBEL, SLANDER, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT OR OTHERWISE, ARISING FROM SUCH SUBMISSION.

By making a Submission to any Public Area, you automatically grant MarthaFraser.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display and distribute the content of the Submission (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also permit any other user of the MarthaFraser.com Site to access, view, store, or reproduce the Submission for that user’s personal use.

LINKS

Our provision of a link to any other site or location is for your convenience and does not signify our endorsement of such site or location of its contents. MarthaFraser.com shall not be responsible for any information, software, or links found at any other World Wide Web site, Internet location, or source of information, for your use of such information, or for e-commerce transactions conducted at or through any linked site or location.

DISCLAIMER OF WARRANTIES

You expressly agree that your use of the site, including, without limitation, any material and/or data developed by MarthaFraser.com or by third parties (“information providers”), is at your sole risk. The site, and any content or materials available through the site, are provided on an “as is” and “as available” basis and without warranty of any kind, express, implied or statutory. MarthaFraser.com and the information providers hereby expressly disclaim all such warranties including, without limitation, any implied warranties or merchantability, fitness for a particular use or purpose, title, or non-infringement, or any warranty as to results that may be obtained through the use of the site. MarthaFraser.com does not represent or warrant that the site will function without interruption, that the site is error or defect-free, that any such defects or errors will be corrected, or that the site and the server(s) that make the site available are free of viruses or other harmful components. No advice or information, whether oral or written, that you obtain from MarthaFraser.com or otherwise through your use of the site shall create any warranty on the part of MarthaFraser.com or the information providers. Further, MarthaFraser.com and the information providers do not warrant or represent that the use or the results of the use of any content or materials made available through the site or from third parties will be correct, accurate, timely, reliable or otherwise.

LIMITATIONS ON LIABILITY

In no event shall MarthaFraser.com, the information providers or any other person or entity involved in creating or distributing the site be liable for any direct, indirect, incidental, special or consequential damages, however arising and under any theory of liability (including, without limitation, tort, including negligence and strict liability, breach of contract or breach of warranty), that result from your use or inability to use the site, any changes to the site or this agreement, unauthorized access to or alteration of your transmission of data, any material or data sent or received or not sent or received, or any transactions entered into through the site. MarthaFraser.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights.

If you are dissatisfied with the site or the services, content or materials available on or through the site, your sole and exclusive remedy is to discontinue using the site. The foregoing limitations on liability shall be applicable even if MarthaFraser.com or the applicable third party knew or should have known of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

ALLOCATION OF RISK

You agree that the disclaimer of warranties, limitations on liability, and indemnification provisions set forth in this agreement represent and agreed upon allocation of risk between you and MarthaFraser.com and form an essential part of the basis of their bargain, without which MarthaFraser.com would not enter into this agreement or provide the site.

INDEMNIFICATION

You agree to hold harmless MarthaFraser.com and its Information Providers and any other person or entity involved in creating or distributing the Site, as well as each of their respective affiliates and their respective directors, officers, employees and agents, from and against any and all claims, liabilities, damages, losses, costs, fees (including reasonable attorneys’ fees) and expenses that such parties may incur as a result of or arising out of your (or, in the case of Members, anyone using your account’s) use of, or conduct with respect to, the Site.

MODIFICATION OF AGREEMENT

You agree that MarthaFraser.com may change the terms and conditions of this Agreement, unilaterally, and at any time, by conspicuously posting notice of such change on the Site for a period of five (5) consecutive days. Continued use of the Site after such notice will constitute your acknowledgment and acceptance of the revised terms and condition.

GENERAL

This Agreement contains the complete and final statement of the understanding between you and MarthaFraser.com with respect to, and supersedes any and all prior or contemporaneous negotiations, agreements or communications, whether written or oral, between you and MarthaFraser.com concerning, the subject matter of this Agreement.

If any provision of this Agreement is rendered by a court or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement, which shall remain in full force and effect and be enforced in accordance with its remaining terms.

 

The waiver by MarthaFraser.com of a breach or default of any of the provisions of this Agreement by you shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of MarthaFraser.com to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by you.

You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance.

All provisions of this Agreement that, by their nature, survive termination of this Agreement will survive termination including without limitation, the Site Rules, Public Areas, Links, Disclaimer of Warranties, Limitations on Liability, Allocation of Risk, Ownership of Materials, Indemnification, Choice of Law/Jurisdiction and Venue and General sections of this Agreement.

 

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IMPORTANT! These terms of use govern your use of this site, which is provided by our company. By accessing this site, you are indicating your acknowledgment and acceptance of these terms of use. These terms of use are subject to change by our company at any time at our discretion. Your use of this site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these terms of use regularly.

Access to this site

You agree to use this site only for the lawful purposes described in more detail in the “Restrictions on Use” section below. You agree not to take any action that might compromise the security of the site, render the site inaccessible to others or otherwise cause damage to the site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.

Restrictions on use

This site is provided solely for non-commercial, personal use, and/or so that you may learn about our Company and the services we provide . You may not use this site for any other purpose, including any commercial purpose, without our Company’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written permission of an authorized representative of our Company. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or Content accessible within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Proprietary information

Trademarks

The material and Content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the party that provided the Content to our Company, and our Company or the party that provided the Content to our Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. You are prohibited from using any of the marks or logos appearing throughout the site without the express written permission of our Company.

Copyrights

This site and its Content are protected by U.S. and/or foreign copyright laws, and belong to the Company or its partners, affiliates, contributors or third parties. The copyrights for the Content are owned by the Company or other copyright owners who have authorized their use on this site. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing this site as an employee or member of any business or organization, you may download and re-print Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by the Company, for example in certain password-restricted areas of the site). You may not manipulate or alter in any way images or other Content on the site.

Hyperlinks

This site may be hyper-linked to other sites which are not maintained by, or related to, our Company. The inclusion of any hyperlink to a third-party site does not imply endorsement, sponsorship or recommendation by our Company of that site. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Our Company also makes no representations about the availability of hyperlinked sites. Hyperlinks are to be accessed at the user’s own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. If you hyperlink to a site, please be aware that you will leave our Company’s web site and will become subject to the rules and conditions of the linked site(s). We recommend that you make yourself aware of the Terms of Use of any sites you link to from our Company’s site. Submissions you hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations. By making a Submission, you are guaranteeing to us that you have the legal right to post the content in the Submission and that it will not violate any law or the rights of any person or entity. Our Company will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

Child safety

Protecting the online privacy of children is especially important to us, and those under the age of 13 are protected by federal law. For that reason, our Company does not knowingly permit children under the age of 13 to become registered members of our sites, or to buy goods and services on our sites, without verifiable parental consent. Our Company does not knowingly collect or solicit personal information about children under 13, except with their parent’s express consent.

If we ever include children under the age of 13 as part of our intended site audience, those specific web pages will, in accordance with the provisions of the Children’s Online Privacy Protection Act (COPPA), be clearly identified and provide an explicit privacy notice; and we will provide processes to obtain parental approval, provide access to information and allow parents to request removal of their children’s personal information.

Downloading material

You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet.

Disclaimer

The company makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content. the company expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the service, the content, and any product or service furnished or to be furnished via the site. the company does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected. the company does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. the site, the service and the content are provided on an “as is” and “as available” basis.

Limitation on liability

Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if company has been advised of the possibility of such damages. in no event will the collective liability of company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to company for the applicable content, product or service out of which liability.

Indemnity

You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Information you provide

You do not have the right to post, including proprietary material of any third party.

You may not post, send, submit, publish, or transmit in connection with this site any material that:

Advocates illegal activity or discusses an intent to commit an illegal act

Is vulgar, obscene, pornographic, or indecent

Does not pertain directly to this site

Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive

Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise

Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity

Violates any law or may be considered to violate any law

Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content

Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site

Solicits funds, advertisers or sponsors

Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications

Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site

Includes MP3 format files

Amounts to a ‘pyramid’ or similar scheme

Disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site

Contains hyper-links to other sites that contain content that falls within the descriptions set forth above

Although under no obligation to do so, our Company reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any Submission.

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. By accepting this agreement you waive and hold harmless company from any claims resulting from any action taken by company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either the company or law enforcement authorities.

Claims of copyright infringement

Irish copyright, notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of Ireland, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Ireland connection with any dispute between you and Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and/or federal courts in Ireland. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Company may revise these Terms of Use at any time by updating this posting.

 

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