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Terms of Use

LEGAL NOTICE: PLEASE READ ALL THE PROVISIONS OF THIS AGREEMENT CAREFULLY.  THESE TERMS AND CONDITIONS CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND THE WEBSITE AND THE WEBSITE OWNER THROUGH USE OF THE SITE AND OFFERS.

By entering into a paid agreement with Elaine Kennelly, you are using and/or purchasing elainekennelly (dot) com’s product or services. You will become a Client and/or Subscriber and are entering into a binding and enforceable contract, and you the Client agree to be bound by these Terms and Conditions (the “Agreement”).

Should you register for or request any membership or subscription, and your payment is accepted, the same will continue unless canceled in accordance with these Terms and Conditions. This agreement is subject to change at any time, and changes may be effective without notice upon each Customer.

This agreement applies to but is not limited to the following websites: www (dot) elainekennelly (dot) com. 

By becoming a paid Customer, you hereby authorize the debit of charges to your credit card or other approved facility for all membership fees as well as for any further goods and/or services at, through and/or from or pertaining to the site or services, as may be levied from time to time. 

Until so notified, by e-mail, or by telephone, of any breach in security, the Subscriber will remain personally liable for any unauthorized use of the Service. Customer is and shall be personally liable for, and shall defend, indemnify and hold harmless the Site and its owners, directors, employees, partners and any agency acting on its behalf from any and all damages, including loss of profits, loss of property, fines and penalties, losses and costs, including attorneys’ fees, resulting from any attempted or actual unauthorized downloading or other duplication whether solely by Customer or with or under the authority of any other including governmental agency.

Subscription to the Service may be terminated at any time, provided 30 days notice is given, and without cause, by either the Site or the Customer upon notification of the other party by electronic or conventional mail, or by telephone, fax, or filling out a cancellation request form on request. 

When termination is requested by a customer, any subscription fees charged are not refunded. Customers are liable for any charges incurred by them until the termination of any service provided. 

Credit card users may be subject to pre-authorization. The pre-authorization is not a charge to the credit card. However, the then-applicable subscription charge may be reserved against the Customer's available credit card limit. The Site will not be held responsible for bank charges, fees or penalties due to overdrawn or delinquent Customer accounts. Contact your credit card issuing financial institution for details.


Once payment has been made for books, coaching, consulting, mentoring, or any product of ours– there are NO full or partial refunds. Upon issuing payment to Elaine Kennelly, you acknowledge that the fees paid are non-refundable, and agree that you will not institute chargeback or legal proceedings for any charges made pursuant to this Agreement. 

Neither we nor any third parties provide any warranty or guarantee as to the timeliness, performance, accuracy, completeness or suitability of the information and materials found or offered on this website or service for any particular purpose. You acknowledge that such information and materials may contain errors or inaccuracies and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

We have made every effort to accurately represent this product and/or service (s) offered and its/their potential. Despite this, there is no guarantee that you will earn any money using the techniques and ideas in these materials or as a result of the services. Examples in materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas, techniques and services. 

Users of our services and/or products are advised to do their own due diligence when making business decisions based on them.

We are not to be held liable for the success or failure of your business decisions relating to any information or product or services presented by us to you and relied on or used by you. Your use of any information or materials on this website and/or services through it is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

We do our best to ensure that the website is available 24 hours per day but we cannot be held liable if for any reason the site is not available.  

At any and all times the maximum claim that may be made by you against ourselves, whether in a single or class action or multiple claim action, including all costs and sundries, shall be limited to the amount of $100. 


Copyright and Confidentiality


The material found on our site and used in our services is copyrighted material. Once purchased you have the full license to use the same but are prohibited from sharing any part of it in any manner with any persons outside of your immediate family. This is a rule is designed to protect all users. 

 

Please read the confidentiality and Non Disclosure clause below which forms part of the terms and to which you will be legally bound. Failing to abide by the Confidentiality and Non-Disclosure clause below will result in prosecution to the full extent of the law:
 

Confidentiality and Non Disclosure


You agree on purchase and/or receipt and/or use of our services and/or products and its components in whatever form they are presented, that:


You will receive certain material and verbal and written communications and agree to hold any such information of any sort confidential at all times. 


This proprietary and confidential information is provided to you on the following conditions:

  1. You agree to hold confidential or proprietary information or trade secrets (“confidential information”) in trust and confidence and agree that it shall be used only for the contemplated purposes, shall not be used for any other purpose, or disclosed to any third party.

  2. No copies will be made or retained of any written information, videos, audio, software, passwords, subscriber access or any other materials associated with us.

  3. Confidential information shall not be disclosed to any employee, consultant or third party unless they are your immediate family in a domestic environment or otherwise approved of by Elaine Kennelly.

  4. Protection of secrecy. Recipient agrees to take steps reasonably necessary to protect the secrecy of the Confidential Information and to prevent the Confidential information from falling into the public domain or into the possession of unauthorized persons.

 

Internet Risks

There are risks associated with utilizing an Internet-based system or a product including, but not limited to, the failure of hardware, software, and Internet connection. Since we do not control signal power, its reception or routing via the Internet, the configuration of your equipment, or the reliability of its connection, we cannot be responsible for communication failures, distortions or delays when online. 


You may not create a link to this website from another website or document without our prior written consent.

By becoming a paid customer of Elaine Kennelly, you agree that you unconditionally accept this disclaimer agreement.