james melouney banner

Terms of Services for JamesMelouney.com

Hi there, my name is James Melouney, founder of JamesMelouney.com.

Please read these terms and conditions of use carefully before using this site.

This a contract and by using this site you accept all the terms and conditions of this agreement.

If you disagree with any of the terms that follow or do not agree to be bound by all terms and conditions, do not use this website.

Thank you and if you have any questions, please contact me at james@jamesmelouney.com with “Agreement” in the subject line.

———————–

The following agreement (the “Agreement”) contains the terms and conditions that govern your use of the Website(s) and our Service(s) (as defined below). This Agreement describes your rights and responsibilities, as well as what you can expect from the Website(s) and our Service(s).

If you do not agree with any of these terms, do not access or otherwise use our Website and/or Services, or any information or materials contained on the Website.

Jamesmelouney.com, (“James Melouney ” and “We”) owns and operates the Website and reserves the right to add, delete, and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website. In the event of substantive changes to this Agreement, the new terms will be posted to the Website, and you may also be notified by email. If any modification is unacceptable to you, your only recourse is not to use the Website and our Services and to request an immediate termination of your participation. Your express consent or continued use of the Website or our Services following posting of a change notice or new Agreement on the Website will constitute binding acceptance of the changes.

1.     OUR SERVICES

1.1.      We provide a number of Internet-based services through the Website (all such services, collectively, the “our Services”), including education, training, resources and materials for you to achieve success in your life, based on how you define success. We reserve the right to add, change, and/or delete content and/or services from the Website and/or our Services from time to time.

2.     USE OF THE WEBSITE AND OUR SERVICES

2.1.      We will only knowingly provide our Services to parties that can lawfully enter into and form contracts under applicable law. The Website and our Services are not for children under the age of 18 and any such use is prohibited.

2.2.      Third-Party Services. We may provide links on the Website to other websites that are not affiliated with, under the control of, or otherwise maintained by us, and may use third parties to provide certain services accessible through the Website. We do not control those third parties or their services, and you agree that We will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as this Agreement when you use these services. If any such terms or policies conflict with our Agreement, agreements or policies, you must comply with our Agreement, agreements, or policies, as applicable. We do not endorse or make any representations or warranties about third party sites or any information, software, or other products or services found there.

3.     GENERAL RULES

3.1.      Prohibited Use. You may not cause harm to the Website or our Services. Specifically, but not by way of limitation, you may not: (i) interfere with the Website and/or our Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website or our Services; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website and/or our Services, except in the operation or use of an internet “search engine”, hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Website and/or our Services; (v) impersonate another person or entity; (vi) engage in any activity that interferes with another user’s ability to use or enjoy the Website and/or our Services; (vii) assist or encourage any third party in engaging in any activity prohibited by this Agreement; (viii) co-brand the Website or our Services; (ix) frame the Website and/or our Services; or (x) hyperlink to the Website and/or our Services, without the express prior written permission of an authorized representative of jamesmelouney.com.

3.2.      Privacy Policy. By entering into this Agreement, you agree to our collection, use and disclosure of your personal information in accordance with the Privacy Policy.

3.3.      Password Restricted Areas of the Website. If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or the Website that is known to you.

4.     SUBMISSIONS

4.1.      Your Submissions. When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (“Submissions”), you grant us an unrestricted license to use such Submissions for any purpose, including without limitation marketing and other promotional purposes and the right to sublicense. You agree that We will have no obligation to keep any Submissions confidential. You will not bring a claim against us based on “moral rights” or the likes arising from our use of a Submission.

4.2.      Submissions by Others. We do not control the content posted by third parties and, as such, do not guarantee the accuracy, integrity, or quality of such content. You understand that by using the Website and/or our Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will We be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website and/or our Services by third parties.

5.     REPRESENTATIONS AND WARRANTIES

5.1.      Mutual Representations and Warranties. Each party represents to the other that: (i) the party has the full power and authority to enter into and perform under this Agreement, (ii) execution and performance of this Agreement does not constitute a breach of, or conflict with, any other agreement or arrangement by which the party is bound, and (iii) the terms of this Agreement are a legal, valid, and binding obligation of the party entering into this Agreement, enforceable in accordance with these terms and conditions.

5.2.      By You. You represent and warrant to us that, in your use of the Website and/or our Services, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party; (ii) will comply with all applicable laws, rules, and regulations; (iii) will not disrupt or damage any software or hardware; and (iv) you will provide correct, current, and complete billing and contact information.

6.     DISCLAIMERS AND EXCLUSIONS

6.1.      DISCLAIMER OF WARRANTIES. WE PROVIDE THE WEBSITE, OUR SERVICES, AND ALL CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, OUR SERVICES, OR WEBSITE CONTENT, OR USE THEREOF: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.

6.2.      EXCLUSION OF DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEBSITE AND/OR OUR SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.3.      LIMITATION OF LIABILITY. IN NO EVENT WILL OUR LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR OUR SERVICES EXCEED ONE HUNDRED DOLLARS ($100).

6.4.      YOU HEREBY REPRESENT THAT YOU HAVE READ AND UNDERSTAND ANY INCOME DISCLAIMERS POSTED ON OUR WEBSITE.

7.   INDEMNIFICATION

7.1.    You must indemnify and hold us and our employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties” harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of provision in this Agreement through any act or omission. If you have to indemnify us under this section, we will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission.

8.   NOTICES

8.1.    All notices required or permitted to be given under this Agreement will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to us, you must use the following address: 43 Billyard Avenue, Wahroonga NSW 2076. If jamesmelouney.com provides notice to you, We will use the contact information provided by you to us. All notices will be deemed received as follows: (i) if by delivery by regular mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.

9.   NOTIFICATION OF CLAIMS OF INFRINGEMENT

9.1.    We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, terminate service to users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our designated agent to receive notice of claimed infringement: jamesmelouney.com, attn: Copyright Agent, jamesmelouney.com, 43 Billyard Avenue, Wahroonga NSW 2076, Australia. Provide the following information required by the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Website where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our agent for notice of claims of copyright infringement on this site can be reached at james@jamesmelouney.com.

10.   THIRD PARTY REFERRAL FEES

10.1.    We may receive an affiliate commission when you purchase some of the products and/or services that we recommend on our Website and/or Services. By entering into this Agreement, You acknowledge that you have been informed of such payments, consent to payments of affiliate commission to jamesmelouney.com, and that such payments are fair and reasonable.

 

If you have questions or concerns regarding this Agreement, you should contact us by e-mailing james@jamesmelouney.com and writing “Agreement” in the subject line.

This agreement was last updated on 12/06/2020.