Terms And Conditions
Program Your Mind For Success™: TERMS AND CONDITIONS
Please read the Legal Terms & Conditions below before proceeding with your purchase:
We are so excited to have you join us and to help you dial up your success! But before we can get to the fun stuff, we have to make sure you agree with the Terms and Conditions of our service provision to you. This Agreement will outline our professional relationship, responsibilities, obligations, and expectations so that nobody in this relationship is confused or disappointed due to any misunderstanding or miscommunication. Please do not hesitate to let us know if you have any questions. We’re looking forward to working together!
CRÉDE PERFORMANCE LIMITED
Summary In Plain English
Thank you for joining Créde Performance Limited (herein referenced as Company) for the Program Your Mind For Success™ course which begins immediately upon purchase.
This is your contract. Please read it carefully because you are making an important commitment to Créde Performance Ltd.
- You are securing purchase of the materials and content that constitutes Company’s Program Your Mind For Success™ course.
- The pay-in-full price is USD $47 (subject to VAT where applicable). Payment plans are not available.
- There is a NO REFUNDS policy for this program – you can read our policy in more detail in the legal section below
- This course is NOT for sale to children or young people under the age of 18
1. Portal Access and Welcome Email. You receive access to the course via an online portal called Kajabi, which includes written materials, audio materials and video lessons on performance psychology topics. You will have 365 days (one year) access to these materials and the Portal from the date of purchase of the course. You may download written and audio resources but You may not share these with any other party. Please note You will receive one welcome email with instructions as to how to get the best out of the course upon purchase. You will not receive any marketing or newsletter emails from Créde Performance unless You have given your express consent for Us to do so.
By accessing the Program Your Mind For Success™ course (the “Program”), signing this Agreement (the “Agreement”), submitting partial or full payment, or accessing the Program Member Site (“Site”) You are agreeing to the following terms:
If You do not understand or do not accept this agreement, please do not access any of the Créde Performance Limited’s proprietary materials and immediately contact Us at firstname.lastname@example.org
This Agreement is entered into between you (“Client”, “You” or “Your”), and Créde Performance Limited doing business as Créde Performance (“Company”, “We”, “Us” or “Our”), having an address of Ground Floor, 71 Lower Baggot Street, Dublin 2, D02 P593, Ireland (the “Parties” collectively, and individually the “Party”).
In consideration of Client retaining Company to perform coaching or education services, it is agreed as follows:
- Company Policies.
Please read the following company policies before signing this Agreement. These policies are incorporated into the Agreement.
(a) Disclaimer: https://credeperformance.com/disclaimer/
(b) Website Terms and Conditions: https://credeperformance.com/terms-conditions/
- Integration/Merger Clause; Modification Requires Consent in Writing. This Agreement, [the company policies and Disclaimers and the Credit Card Authorization] is the entire Agreement between the Parties. These written documents supersede the Parties’ prior discussions, emails, online or voice messages. By signing, You agree that there is no information that You deem materially important that is not incorporated into this Agreement. This is the final and complete Agreement between the Parties. Parties may amend this Agreement only by mutual Agreement and in writing, signed and agreed to by both Parties.
- Scope of Services
(a) The Program membership services outlined above are hereinafter referred to as the “Services” or “Program”. The Program is designed to help You build a success mindset that supports you in achieving your goals, through the use of affirmations. Program membership includes the following services only as provided under this Agreement and not inconsistent therewith:
- Access to the learning/course materials and audio and video resources created by Company.
- Access to a Bonus: “Accelerate Success” pdf resource
(b) The Services must be utilized during the 365-day duration of your Program term. Please note Client will have access to the Program content for 365 days from the day of enrolment (being the day Client makes the initial payment for the program, unless otherwise agreed in writing by the Parties).
(c) Any additional services provided by Company to Client may require additional fees to be discussed and agreed upon by the Parties.
(d) The Company is not obligated to perform services outside the scope of this Agreement.
- Client Duties
(a) Compensation. In consideration for the Services provided by Company to Client as set forth in Section 3 above, Client agrees to pay the current program fee at the time of joining as a one lump sum payment of USD $47. Services delivered to Client based in the EU will incur VAT. Where VAT is applicable, we will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
In the event that any authorized charge applied by Us to your card fails, You remain responsible for payment as agreed to, as well as any penalty/late fees as detailed below.
(b) Late Payment Fee. If any fee outlined in this Agreement remains unpaid on the 7th calendar day following its due date, Company reserves the right to restrict your access to the Services or terminate Your participation in the Program unless and until all outstanding fees have been paid in full.
(c) Payment Security and Chargebacks. To the extent that Client provides Company with credit/debit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s card(s) or account(s) for any unpaid charges on the dates set forth in this Agreement.
(d) If Client selects the multiple payment/installment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. In the event that Client inadvertently disputes a charge made to the account, Client agrees to immediately cancel/withdraw such a dispute. Client agrees to not cancel the credit/debit card that is provided as security without Company’s prior written consent. Client is responsible for any fees, including attorney’s fees, associated with recouping payment on disputes and any collection fees associated with such an event. If Client initiates a chargeback, Company may issue an additional $500 fee to Client.
(e) Tools & Information to be Provided by Client. Client agrees to provide all tools, information, and documentation that may be required by Company to effectively perform said Services.
(f) Compensation Paid to Company for Services is Unrelated to Client Outcome. Client understands that Client’s success in the Program is dependent upon Client’s level of participation in the Services, among other factors outside of the Company’s control. Client understands that outcomes stemming from participation in the Program and/or Services vary for each individual. Client also understands that Company’s advertising and marketing efforts do not necessarily reflect every outcome. In order to get the most out of the Program, Client must also work to implement the tools and strategies learned throughout the Program and make considerable efforts toward Client’s own performance psychology development on Client’s own time during the term of the Program. Client is responsible for requesting support from Company when needed.
(a) The term of this Agreement shall be 365 days beginning on the date Client makes the initial payment for the Program, unless otherwise agreed in writing by the parties. Upon completion of the 365 day term, Client will no longer have access to all Services and the Program.
(b) Client and Company may choose to renew this Agreement for an additional term(s) upon a reasonable offer, acceptance, the provision of consideration, and by both Parties signing a new contract.
- Communication; Notices; Support
(a) Communication in Our relationship is of the utmost importance. All communication will take place via the online Portal or via e-mail. There is no direct coaching support included in this Program but Client may contact Company via email with any questions or requests for technical support. Company will endeavor to answer questions related to Program content or the application of Program content but Client acknowledges that responding to these type of questions is at the discretion of Company and is not included or obligated as part of the Service. All communications will be acknowledged/responded to within a reasonable timeframe, not including weekends or holidays.
(b) Notices. All notices, requests, demands and other communication under this Agreement shall be in writing and properly addressed as follows:
i. To Company
Créde Performance Limited
71 Lower Baggot Street
ii. To Client, Client’s mailing and/or email address provided at the time of purchase. Any party may change its address for the purposes of this Section by giving the other parties written notice of the new address. If Client changes Client’s email, Client shall inform Company.
(c) Support Contact:
Kajabi/Portal Username: @Créde Sheehy-Kelly
- Conditions for Cancellations – No Refund Policy
(a) Client may cancel participation in the Program at any time for any reason by providing written notice to Company. Upon cancellation, access to the Program and Services will be terminated. However, cancellation of participation and/or this Agreement by Client will not extinguish the Client’s obligation to pay the full program fee as outlined in Section 4. Client will remain obligated to pay all remaining unpaid program fees in full.
(b) In the event that Client engages in abusive or unprofessional behavior in the Program, towards representatives of Company or other Program members, Company reserves the right to cancel Client’s membership and terminate access to the Services, without notice. No refund will be provided in the event that this takes place. Client will remain obligated to pay all remaining unpaid program fees in full.
(c) Company may decide to terminate the Contract at any time. In the event that Company decides to do so, Company shall release Client from any further financial obligation under the Contract and will provide a prorated refund based on time remaining in the Program, if Client paid in full. This does not include the circumstances described in Section 7(b).
(d) Client’s failure to effectively participate in the Program is not grounds for a refund.
(e) Refund Policy. There is a NO REFUNDS policy. Due to the nature of the Services, no refunds can be provided. By purchasing the Program and entering into this Agreement, Client acknowledges that no one has represented to Client that refunds are available. Even if Client cannot participate for any reason, Client will continue to be billed according to the schedule in Section 4 of this Policy.
(f) Chargeback. If You are ineligible for a refund and initiate a chargeback, Créde Performance Ltd. may issue an additional $500 fee to you.
(g) Referral to Collections, Billing, Agreement Not to Dispute Charge. If You signed up for a payment plan, You will continue to be billed according to this schedule through the end of the Term. If You fail to make payments, Créde Performance Ltd. reserves the right to initiate collection proceedings. Even if Client cannot participate for any reason, Client will continue to be billed according to the schedule in Section 4 of this policy.
(f) The Program and Term cannot be paused or placed on hold for any reason without the written authorization of Company.
8. Force Majeure: Notwithstanding the above, the Company may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of the Company that materially affects the Program and/or Services provided in this Agreement, including but not limited to natural disasters, fires, explosions, earthquakes, hurricane, flooding, storms, or infestation, war, invasion, act of foreign enemies, embargo, or other hostility (whether declared or not), a hazardous situation created outside of the control of either party such as a riot, disorder, pandemic or epidemic, nuclear leak or explosion, or act or threat of terrorism. In such a force majeure event, Company shall make reasonable efforts to reschedule calls/ sessions/ etc. as needed in order to comply with the terms of this Agreement, however, will not be found in breach if this is not possible due to the circumstances.
9. Exercising Your Right to Change Your Mind European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013.
(a) For most products and services bought online You have a legal right to change Your mind within 14 days and receive a refund. These rights, under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 are explained in more detail in these terms.
(b) When Your order is a request to provide services before the 14-day cancellation period has ended. When You order any services from Us (including digital content) that are scheduled to be supplied within 14 days of the date of your order You agree that Your right to cancel will be as set out below and You may not have the benefit of the full 14-day period to change your mind.
(c) When You don’t have the right to change Your mind. You do not have a right to change Your mind in respect of: digital products after You have started to download these; services, once these have been delivered, even if the cancellation period is still running; sealed audio or sealed video recordings, once these products are unsealed after You receive them. A contract for digital content is completed when the product is downloaded/ accessed and paid for.
(d) How long do I have to change my mind? How long You have depends on what You have ordered:
i. Services: If You have bought services, subject to the clause in section 9(b) You have 14 days after the day We email you to confirm We accept Your order.
ii. Digital Content: With respect to digital content for download, You have 14 days after the day We email You to confirm We accept your order, or, if earlier, until You start downloading it. If We delivered the digital content to You immediately, and You agreed to this when ordering, You will not have a right to change Your mind.
10. No Guarantee of Results; No Warranties; Risk of Loss.
(a) We cannot guarantee the outcome of the Services and/or participation in the Program. We make no guarantees other than that the Services described in Section 3(a) shall be provided to You in accordance with this Agreement. Client acknowledges that Company cannot guarantee any results of the Services/Program as such outcomes are based on subjective factors (including, but not limited to, Client’s participation) that cannot be controlled by Company. Any testimonials or reviews shared by Company are not a representation of guaranteed results, only possible results. Client not achieving his or her desired results is not grounds for a refund.
(b) Company disclaims all warranties. The Program and/or Services are provided on an “As Is”, “As Available”, and “With All Faults” basis. To the maximum end permitted by law, Company expressly disclaims any and all warranties, express or implied, in fact or in law, regarding the Program and/or Services, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights, claims of infringement, misappropriation, misuse or unauthorised use from a thrid-party. Company does not warrant that the program and/or Services will meet your requirements or operate under your specific conditions of use, or that the operation of the Program and/or Services will be secure, error-free, bug-free, virus-free, or free from interruption. Further, no warranty nor representation is made concerning the accuracy, likely results, or reliability of the use of the Program and/or Services.
(c) Technical issues. If the learning materials provided via the online learning platform (Kajabi) are inaccessible, Company shall have 72 hours (not including weekends or holidays) to re-deliver access to Client.
(d) From time to time, and upon Client’s request, Company and/or its representatives may provide Client with recommendations or referrals for third-party service providers. Company in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.
(e) Affiliate links. Company may provide Client with affiliate links under which Company may benefit monetarily. Company in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.
(a) Client Information. Any and all Client information and data of a confidential nature, including but not limited to any and all trading, strategy, operating, psychology, performance, know how, business and process information (hereinafter “Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing Client with the services specified here without Client’s express written consent, other than to comply with law or court order as further explained in the subparagraph below. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the Client’s Confidential Information.
(b) Confidentiality Exception. If Company Representative is required by law to make disclosures regarding the information shared in a coaching session and/or Program, or where the representative has a good faith belief that disclosure of such information is necessary to comply with the law; or to protect Company and/or representative’s rights or property; to avoid harm to the Company and/or representative, Client or a third party; or to respond to an emergency, representative will take reasonable measures to limit disclosure to information as reasonably necessary.
(c) Participant Information. Client agrees to keep private any Information, as defined in paragraph 11(a), shared by fellow participants in the Program (“Participants”). Any Confidential Information shared by Participants is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Client agrees not to publish, disclose, reveal, or make use of any Confidential Information or any transactions, on the Kajabi Platform or otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Participants’ Confidential Information in strictest confidence and shall use the best efforts to safeguard the Information and to protect it against disclosure, misuse, loss, and theft.
(d) Client understands that despite efforts to maintain privacy of an online forum, Company cannot control all parties. You understand that any forum hosted by Company is to be considered a public forum and that all Clients should refrain from sharing confidential or sensitive personal data in any such forum.
(e) Company Information. Client agrees to keep confidential any Confidential Information, as defined in Section 11(a), shared by Company in the Program. Any Confidential Information shared by Company, its employees, or contractors is confidential, proprietary, and belongs solely and exclusively to Company. Client agrees not to disclose, reveal, or make use of any Confidential Information or any transactions, during discussions, in the Kajabi Community, or otherwise. Client agrees not to use such Confidential Information in any manner. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Company’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss, and theft.
(f) Violations of Confidentiality. Client agrees that if Client violates or displays any likelihood of violating this Section, Company will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations. In the event that injunctive relief is either impracticable or does not make Company whole, Company shall be entitled to seek monetary damages including its attorney’s fees.
(g) Client waives Misappropriation of Likeness and/or Right of Publicity; Client Features. Notwithstanding the above Section, Company may choose to feature Client on its website, social media channels, etc. Client agrees to allow Company to share its likeness, achievements, and success, unless otherwise agreed to by the Client. To that end, the Client waives claims against company related to the misappropriation of likeness and/or right of publicity. Company agrees to maintain the confidentiality of any and all sensitive and confidential information and to provide Client with a preview of the feature prior to publication on its website. Features which do not name or identify Client directly will not require prior authorization.
12. No Relationship. The parties hereto expressly understand and agree that they are not employers or employees, principals or agents, or partners in the performance of each and every part of this Agreement, and they remain solely responsible for all their respective employees and agents.
13. Ownership of Intellectual Property
(a) IP Ownership. The methodology, processes, trademarks, copyrights, patents, and system underpinning Company’s Program and/or Service have been designed and curated by Company, they are proprietary and confidential and are not to be disclosed. Client agrees that the Program and/or Service contains proprietary content (“Intellectual Property”) that is owned solely by Company and/or its licensors is protected by copyright, trademark, and any other applicable intellectual property laws. Company retains the sole right to use, reproduce, and distribute the Intellectual Property worldwide in any and all mediums. Program Your Mind For Success™, Go Deep to Level Up Your Trading™, Go Deep to Level Up™, 12 Minutes to Market-Ready™ and Créde Performance™ are trademarks of Créde Performance Limited. Program Your Mind For Success™, as well as ancillary material found in the website, electronic media, platform, Program and/or Service is a copyrighted work of Créde Performance Limited and Company reserves all right thereto for itself.
(b) Single User Limited Revocable License. Company grants Client a limited revocable license to use the Intellectual Property solely for Client’s own non-commercial purposes. Client agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan, or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. Company may revoke the single user limited revocable license granted to the Client at any time prior to the Term outlined in Section 5 for breach of any provision of these terms and conditions.
(c) For the avoidance of doubt, Client agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Company’s Intellectual Property or that in any way violate Company’s Intellectual Property, without Company’s written consent. Any registered or common law trademark, service mark, logo, or tagline used in conjunction with the Program is the property of the Company. Client may not use such trademarks or service marks for any purpose except with written permission by Company.
(d) No Resale of Services Permitted: Client agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Program (including course materials and other Intellectual Property assets), use of the Program, or access to the Program. This agreement is not transferrable or assignable without the Company’s prior written consent.
(e) Sharing Access Prohibited: Client agrees not to share access to the materials with others. This includes parties that have not purchased access to the Program, or any other third-party that Company has not authorised access to. This includes login credentials to access the Program and/or Services and Intellectual Property is found upon.
(a) Company’s Warranties. Company represents, warrants, and covenants that Company has full authority to enter into this Agreement and all of the Program and/or Services, whether performed by Company or any of its subcontractors, will be rendered using sound practices and in a competent and professional manner by knowledgeable and qualified personnel.
(b) Client’s Warranties. Client represents, warrants, and covenants that Client has full authority to enter into this Agreement and has or will obtain all of the necessary consents, rights, licenses, clearances, releases, or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Client’s obligations or duties, whether performance is due now or during the Term.
(c) Except for the express warranties provided throughout these terms, neither party makes any other warranties, express or implied.
15. Limitation of Liability
(a) In no event shall Company have any liability to Client for any lost profits, lost Capital, loss of use, loss of earnings, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort, or under any other theory of liability, whether or not either party has been advised of the possibility of such damage; and
(b) In no event shall Company’s liability to Client exceed the fees paid by Client under these terms, whether in contract, tort, or under any other theory of liability.
(c) Client understands that the information presented in the Program is not legal, psychological, investment, trading, financial, therapeutic, mental health, or medical advice/diagnosis and Company is not a law firm, investment firm, trading education firm, mental health organization or a physician. Company does not guarantee, nor do We make any commitment that Your financial performance will improve by partaking in our Program. Any suggestions or recommendations provided by Us are made solely in Our opinion and do not constitute professional financial, legal, trading, psychological or mental health advice. Suggestions or recommendations are to be construed in the most general terms, not as specific advice. We are not an investment advisor, nor do We make recommendations on the suitability of a particular asset, strategy, or course of action. Any trading or investment decision You make is solely Your responsibility. Please consider Your individual position and financial goals and seek professional trading and investment advice before making an investment, business or trading decision.
(d) All of the information provided throughout the Program and Services, including the resources delivered via phone/video conference, e-mail, in the online forum, live events including webinars and video/audio recordings educating about business, laws, psychology, health, trading and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. Client understands that Company does not and will not provide any form of diagnosis. Client should obtain professional or specialist advice before taking, or refraining from, any action on the basis of any information provided as part of Company’s coaching service.
(e) If a coach or individual within the Program is licensed in some professional manner (C.Psychol.PsSI, JD, MD, RN, PA, LMFT, Therapy/Mental health professionals, etc.), Client understands that these individual(s) are not acting within their capacity as a licensed professional(s) and provide information for educational purposes only. Purchasing this Program in no way establishes a Client-Psychologist professional relationship.
16. Non-Disparagement. Client shall, during and after the participation in the Program, refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services, or products, other than to comply with applicable law or court order. This provision in no way restricts a Client’s ability to communicate reviews or performance assessments about a Company’s goods or services.
17. Rule of Construction Abandoned. This Agreement was prepared by the Company. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because it was prepared by it or its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.
18. Company’s Rights to Make Changes
(a) Minor changes to the services. Company may change the service to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect Client’s use of the Program and/or Service.
(b) More significant changes to the Program and/or Services and this Agreement. In addition, Company may make changes to these terms or services, but if Company does Company will notify You in writing within a reasonable period of time regarding the amendment(s). Client may then contact Company to end the contract before the changes take effect and receive a refund for any services paid for but not received.
(c) Updates to digital content. Company may update digital content, provided that the digital content shall always match the description of it that Company provided to Client before the Client bought it. Client is not entitled to receipt of new digital content to the Program and/or Service following Client’s purchase of a Program and/or Service.
19. Indemnification. Client agrees to defend, indemnify, and hold Company harmless, including Company’s subsidiaries, affiliates, and all of Company respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third-party due to or arising out of: (1) use of the Program and/or Services; (2) breach of these Terms and Conditions; (3) any breach of Your representations and warranties set forth in these Terms; (4) Your violation of the rights of a third-party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the website and Program and/or Services with whom You connected via the website or any third-party platform. Notwithstanding the foregoing, Company reserves the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify Company, and You agree to cooperate, at Your expense, with Company defense of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
This Agreement shall be binding on the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under this Agreement. Company may transfer our rights and obligations under these terms to another organisation. Nobody else has any rights under this contract. This contract is solely between Client and Company.
21. Timeliness Does Not Result in Waiver of Claims, Abandonment, Acquiescence, or Laches. If Company does not immediately enforce, or delays in enforcing this Agreement against Client, this shall not be construed against Company as an affirmative defence of waiver, abandonment of claims, acquiescence, or laches does anything Client is required to do under this Agreement.
22. Prohibited Behaviour
You may not access or use the Site or the Program and/or Services for any purpose other than that for which We make the Site or the Program and/or Services available. The Site or the Program and/or Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by Us. As a user of the Site, You agree not to:
(a) Retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory.
(b) Circumvent, disable, or otherwise interfere with security-related features of the Site or the Program and/or Services, including features that prevent or restrict the use or copying of any of the Program and/or Services materials or enforce limitations on the use of the Site and/or the Content contained therein.
(c) Engage in unauthorized framing of or linking to the Site or the Program and/or Services.
(d) Make improper use of Our Site or the Program and/or Services or submit false reports of abuse or misconduct.
(e) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
(f) Attempt to impersonate another user or person or use the username of another user.
(g) Use any information obtained from the Site or the Program and/or Services in order to defame, harass, abuse, or harm another person.
(h) Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site or the Program and/or Services.
(i) Delete the Copyright Material, Marks or other proprietary rights notice from the Site or the Program and/or Services.
(k) Defame, disparage, tarnish, or otherwise harm, in Our opinion, Us and/or the Site or the Program and/or Services.
(l) Use the Site in a manner inconsistent with any applicable laws or regulations.
23. Client Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Program and/or Service (“Submissions”) provided by You to Us are non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to You. You hereby waive all moral rights to any such Submissions, and You hereby warrant that any such Submissions are original with You or that You have the right to submit such Submissions. You agree there shall be no recourse against Us for any alleged or actual infringement or misappropriation of any proprietary right in Your Submissions.
24. Third-Party Websites and Content. The Site may contain (or You may be sent via the Site or the Program and/or Service) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by Us. If You decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, You do so at Your own risk, and You should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which You navigate from the Site or relating to any applications You use or install from the Site. Any purchases You make through Third-Party Websites will be through other websites and from other companies, and We take no responsibility whatsoever in relation to such purchases which are exclusively between You and the applicable third party. You agree and acknowledge that We do not endorse the products or services offered on Third-Party Websites and You shall hold Us harmless from any harm caused by Your purchase of such products or services. Additionally, You shall hold Us harmless from any losses sustained by You or harm caused to You relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
25. Severability in Event of Partial Invalidity; Headings.
(a) Severability In the Event of Partial Invalidity. Wherever possible, each provision or clause of this contract will be interpreted so that it is valid under applicable law. If any provision or clause is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected and will continue in full force and effect. In the event a provision or clause is nevertheless found by a competent court of law as illegal, unlawful, or unenforceable, that provision or clause shall be stricken with the remainder of the Agreement in full force.
(b) Headings. Section headings included herein are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof.
26. Governing Law; Venue; Mediation.
(a) This Agreement shall be construed in accordance with, and governed by the laws of the Republic of Ireland. The exclusive venue for any proceeding based on or arising out of this agreement shall be the Republic of Ireland. By entering this Agreement, Client agrees that the Client submits to the personal jurisdiction and venue of the Republic of Ireland, and that any legal proceedings commenced shall take place in Dublin, Ireland.
(b) The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, after a good faith effort to resolve such dispute amicably in Dublin, Ireland. Client understands that by agreeing to mediation, it is waving important constitutional guarantees provided by other jurisdictions, such as the right to a jury trial. Parties shall share in the costs. The Parties further agree that the Parties’ respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
By proceeding with your purchase of the Program Your Mind For Success™ Program You are agreeing that You have read the foregoing Agreement, understand its terms and by making this purchase You agree with the terms stated above.