Terms of service - Ciara Gilmore LTD

OVERVIEW
This website is operated by Ciara Gilmore Art. Throughout the site, the terms “we”, “us” and “our” refer to Ciara Gilmore Art. Ciara Gilmore Art offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on WIX. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or another personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Ciara Gilmore Art, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Ciara Gilmore Art and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Northern Ireland.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20 - ART COURSES AND COACHING TERMS & CONDITIONS

The following Terms and Conditions are entered into by and between You (“Client” or “You”) and [Ciara Gilmore LLC] (“Company”, “we”, or “us”).

The terms of service in this agreement apply to:

  • Abstract Art Evolution

  • Abstract Art Apprentice

  • The Prosperous Artist Accelerator Self Study Program

  • The Prosperous Artist Accelerator 121 Coaching

The Company agrees to provide you with access to the Online Courses as titled above (“Programme”). As a condition of participating in the Programme, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Terms of Use, Privacy Policy, & Disclaimer

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Programme. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.

Nature of The Relationship

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide the Client with access to the Programme, which provides education and information. The information contained in the Programme, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

Fees

In consideration of Your access to the Programme, you agree to pay the following fees.

You may choose between a single payment or monthly payments. If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged as specified on the checkout page on a monthly basis If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Programme’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Programme.You will still be eligible for ALL payment plan payments.

Payment Plan Authorisation

If you elect for the payment plan, you hereby authorise the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

Refund Policy

The Company provides a money-back guarantee for the Abstract Art Evolution. That money-back guarantee is governed by the following terms.

We want You to be satisfied with your purchase, so we offer a no-questions-asked money-back guarantee. To claim a refund, You must request your money back within 14 days of the purchase. You may request your money back by emailing contact@ciaragilmore.com .

That email must reference the Product, set out the date of your purchase, and the email and name associated with the purchase. 

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

Refunds are NOT issued for the sole reason that You made a payment with a different credit card or PayPal account than you intended. If You elect for a payment plan and have remaining payments to make on your account, you may request to change your payment method for future payments, but not for payments already completed.

If you have opted to pay using a 3 or 4 monthly plan you are obliged to pay ALL payment plan instalments.

There is a strict NO REFUND policy for Abstract Art Apprentice.

The Programme - Abstract Art Evolution

As part of the Programme, the Company shall provide the following to Client - 

Access To Programme Area – The Company shall maintain a Programme Area that may include lessons, forms, worksheets, checklists, and other information. You shall have access to this Programme Area for as long as the Programme Area exists. In the event that Company intends to close the Programme Area, it shall provide clients with 14 days’ notice.  

Access To Private Community Group – The Company shall maintain a Private Group that You will have access to as a member of the Programme. That Group provides a forum for You to connect with other Programme participants and to seek guidance and support. Members of the Company will seek to interact with Programme participants in the group, but the Company does not make any guarantees about participation by any of its employee, founders, or members in the Group. You are required to abide by any and all rules posted in that Group. If you fail to abide by those rules, you will forfeit your right to participate in that Group. In the event you lose your right to participate in the Group as a result of rules violation, you shall not receive a refund.

Bonuses – From time to time, the Company will offer bonuses to individuals who sign up for the Programme. You shall be entitled to any bonuses offered to you at the time of registration.

The Programme - Abstract Art Apprentice

As part of the Programme, the Company shall provide the following to Client - 

Access To Programme Area – The Company shall maintain a Programme Area that may include video lessons  and other information. You shall have access to this Programme Area for as long as the Programme Area exists. In the event that Company intends to close the Programme Area, it shall provide clients with 14 days’ notice.  

Access To Private Community Group – The Company shall maintain a Private Group that You will have access to as a member of the Programme. That Group provides a forum for You to connect with other Programme participants and to share paintings and inspiration.  This is a strictly NO COACHING support group. Members of the Company will seek to interact with Programme participants in the group, but the Company does not make any guarantees about participation by any of its employee, founders, or members in the Group. You are required to abide by any and all rules posted in that Group. If you fail to abide by those rules, you will forfeit your right to participate in that Group. In the event you lose your right to participate in the Group as a result of rules violation, you shall not receive a refund.

The Programme - The Prosperous Artist Accelerator Self Study Program

As part of the Programme, the Company shall provide the following to Client - 

Access To Programme Area – The Company shall maintain a Programme Area that may include lessons, forms, worksheets, checklists, and other information. You shall have access to this Programme Area for as long as the Programme Area exists. In the event that Company intends to close the Programme Area, it shall provide clients with 14 days’ notice.  The current program is accessible for a period of 12 months from start date.

Access To Private Community Group – The Company shall maintain a Private Group that You will have access to as a member of the Programme. That Group provides a forum for You to connect with other Programme participants and to seek guidance and support. Members of the Company will seek to interact with Programme participants in the group, but the Company does not make any guarantees about participation by any of its employee, founders, or members in the Group. You are required to abide by any and all rules posted in that Group. If you fail to abide by those rules, you will forfeit your right to participate in that Group. In the event you lose your right to participate in the Group as a result of rules violation, you shall not receive a refund.

Bonuses – From time to time, the Company will offer bonuses to individuals who sign up for the Programme. You shall be entitled to any bonuses offered to you at the time of registration.

There is 6 months access to this private community. 

Live Coaching calls - Once monthly there will be live Q & A coaching calls by the instructor. The client will be eligible to attend 6 of these sessions during the first 6 months of their enrollment. 

Earnings Disclaimer  

 

There are no guarantees concerning the level of success you may experience during and following the programme. There is no guarantee that you will make any income at all and you accept the risk that the earnings and income statements differ by individual. Each individual’s success depends on his or her background, dedication, desire and motivation. The use of our information, products and services should be based on your own due diligence and you agree that the Company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products, and services reviewed or advertised on this Website.

The Programme - The Prosperous Artist Accelerator - 1:1 Coaching

Terms & Conditions


The following Terms and Conditions are entered into by and between You (“Client” or “You”), Ciara Gilmore, LLC (“Coach”) and [Ciara Gilmore LLC] (“Company”, “we”, or “us”).

Programme

The Company agrees to provide you with access to the Online Course entitled, “The Prosperous Artist Accelerator” (“Programme”). As a condition of participating in the Programme, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Terms of Use, Privacy Policy, & Disclaimer

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Programme. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.

Nature of The Relationship

An effective coaching relationship requires mutual understanding and respect between the Coach and the Client. That requires the parties to agree to some basic tenets of coaching, including:

Coach and Client agree to communicate honestly, to be open to feedback, and to make time and space to participate fully in the coaching sessions called for hereunder. Client specifically agrees to be open to coaching.

Coaching services are intended for individuals who are in generally good health, are generally well adjusted, are functioning effectively, and are not in need of medical treatment (including for mental health disorders). Coaching does not involve the diagnosis or treatment of any medical or mental disorders and does not prevent, cure, or treat any mental disorder or medical disease. Further, coaching is not a substitute for therapy, counselling, psychoanalysis, medical treatment, substance abuse treatment, or the advice or services of a medical professional. It is the Client’s responsibility to seek independent guidance from medical professionals to the extent necessary.

By participating in the coaching, you agree to accept personal responsibility for the results of your actions. You agree that the Coach has not made any guarantees about the results of taking any action, whether recommended during any coaching session or not. You recognise that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Coach.

Earnings Disclaimer  

 

There are no guarantees concerning the level of success you may experience during and following the programme. There is no guarantee that you will make any income at all and you accept the risk that the earnings and income statements differ by individual. Each individual’s success depends on his or her background, dedication, desire and motivation. The use of our information, products and services should be based on your own due diligence and you agree that the Company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products, and services reviewed or advertised on this Website.

Fees

In consideration of your access to the Programme, you agree to pay the following fees.

You may choose between a single payment (due immediately) or 3 monthly payments. If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged for the following  2  payments on a monthly basis.

If you opt for monthly payments, you will remain responsible for those payments. You may not cancel or avoid these payments. In the event that any payment is not made, the Company shall immediately suspend your access to the Programme.

Payment Plan Authorisation

If You elect for the payment plan, You hereby authorise the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

There are No Refunds for the Prosperous Artists Accelerator 121 coaching.

All sales on The Prosperous Artist Accelerator are final, and the Company does not offer any money-back guarantees. You recognise and agree that you shall not be entitled to a refund for any purchase under any circumstances.

If you terminate your payment plan, you are not entitled to refunds on any past payments and are still eligible to pay outstanding payments.

Refunds are NOT issued for the sole reason that You made a payment with a different credit card or PayPal account than you intended. If You elect for a payment plan and have remaining payments to make on your account, you may request to change your payment method for future payments, but not for payments already completed.

The Programme

As part of the Programme, the Company shall provide the following to Client.

 

A 12 - Week 1:1 coaching experience with Ciara Gilmore including...
 

  • BUSINESS AUDIT to include website, branding, social media, marketing and sales system review.


 

  • THE PROSPERITY PLANNING PROCESS - 1 x 90-Minutes Strategy call via zoom. It’s time to stop winging it and treat your business as a REAL business. So let’s plan what profit you want, how to be more productive and set GOALS with ACTION STEPS that will make you feel giddy! 

 

  • 3 x 30-minute  1-on-1 CHECK IN CALLS via zoom

 

  • 1 x 45 minute 1-on-1 WRAP UP CALL via Zoom

 

  • Direct MESSAGING SUPPORT with your coach via VOXER 

       (Monday to Thursday 9 am - 5 pm)


Bonuses (Pay in Full)

 

Instagram for Artists Online Course 

One-on-One Calls With Instructors – The Company shall provide you with the ability to schedule these calls, but it is solely your responsibility to schedule the calls. If you fail to schedule one or more of your calls during the prescribed time period, you shall forfeit that call. You may not cancel or reschedule a call unless you do so at least 24 hours in advance.

Bonuses – From time to time, the Company will offer bonuses to individuals who sign up for the Programme. You shall be entitled to any bonuses offered to you at the time of registration.

SECTION 21

Intellectual Property Rights - 

 

Ownership Of All Intellectual Property

 

All content included as part of the Programme, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Programme, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Programme are the trademarks of their respective owners.

Your participation in the Programme does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Programme, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Programme content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Programme.

The Company content is not for resale. Your participation in the Programme does not entitle you to make any unauthorised use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner Ciara Gilmore. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorised herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Programme will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

 

 

Confidentiality

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Programme, you hereby agree to respect the privacy of other Programme participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Programme participants outside of the bounds of the Programme unless you receive express written permission from such other participants to share the information. Similarly, the content of the Programme contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Programme with anyone other than the Company, its owners and employees, and other Programme participants.

Personal Responsibility

By participating in the Programme, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Programme or not. The Company provides educational and informational resources that are intended to help participants in the Programme succeed. You nevertheless recognise that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognise that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Programme are no guarantee that you or any other person or entity will be able to obtain similar results.

You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Programme. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Programme.

Materials Provided By You During The Programme

The Company does not claim ownership of the information or materials You may provide during the Programme (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).

However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

In other words, the Company has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Programme – in the Programme and other marketing material going forward.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

No Warranties

The Company makes no warranties regarding the performance or operation of the Programme, including any technical aspects of the programme. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Programme. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Programme and/or any information and resources contained in the Programme. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Programme.

The information, software, products, and service included or available through the Programme may include inaccuracies or typographical errors. Changes are periodically added to the information in the Programme. The Company and/or its suppliers may make improvements and/or changes in the Programme at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Programme for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Programme, with the delay or inability to use the Programme or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Programme, or otherwise arising out of the use of the Programme, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some states or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Programme or any portion of it, your sole and exclusive remedy is to discontinue using the Programme.

Dispute Resolution

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Programme. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or legal courts that are geographically nearest to Belfast, Northern Ireland.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable lawyer’ fees) relating to or arising out of your use of or inability to use the Programme and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences.

Termination And Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Programme and the related services or any portion thereof at any time, if You become disruptive to the Company or other Programme participants, if You fail to follow the Programme guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

Entire Agreement​

This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to the Programme, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Programme. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Waiver

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Force Majeure

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Effective Date

This Agreement shall commence and be enforceable with respect to each Programme participant upon the date that the participant initially registers for the Programme.


SECTION  - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@ciaragilmore.com