Michael Whelan’s CharmedLife Terms & Conditions
1. INTRODUCTION Michael Whelan’s CharmedLife Terms & Conditions
1.1 Michael Whelan’s CharmedLife Terms & Conditions (the “Subscription Agreement”) is a legal agreement between you and Michael Whelan’s CharmedLife and governs your use of any of subscription services on our internet software, and including updates and upgrades to each service (individually and collectively). Subscription to Michael Whelan’s CharmedLife subscription services is offered to you conditional upon your acceptance without modification of the terms, conditions, and notices contained in this Subscription Agreement. If you do not agree to this Subscription Agreement do not subscribe to or use Michael Whelan’s CharmedLife subscription services.
1.2 Michael Whelan’s CharmedLife includes various websites, webpages, software and services operated by Michael Whelan or its affiliates.
2. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
2.1 Please note that Michael Whelan’s CharmedLife may pass certain details about you (i.e. your name and email address) to its partners who fulfill applicable subscription services – in most cases the partners have an agreement with Michael Whelan’s CharmedLife, that they will NOT use your details for any marketing purposes or pass your details to a third party without your consent. You agree that Michael Whelan’s CharmedLife is not responsible or liable for any actions taken by its partners in respect to any data shared or services provided either as part of the subscription service or any other services the partner may provide.
3. MODIFICATION OF THIS SUBSCRIPTION AGREEMENT
3.1 In the event that Michael Whelan’s CharmedLife desires to make any changes or additions to the terms, conditions, and notices involving Michael Whelan’s CharmedLife, including any terms related to pricing, discontinuation of plans and billing, then Michael Whelan’s CharmedLife will notify you of such changes or additions. The form of such notification may be, but is not required to be, e-mail, online via one or more of the websites within Michael Whelan’s CharmedLife (For example, on CharmedLife.TV). In the event you do not agree to such changes or additions, then you must cancel your subscription and stop using Michael Whelan’s CharmedLife subscription services prior to the effective date of such changes or additions. Your continued use of Michael Whelan’s CharmedLife subscription services after the effective date of such changes or additions constitutes your acceptance of and agreement to such changes or additions.
4. LINKS TO THIRD-PARTY SITES
4.1 The links included within Michael Whelan’s CharmedLife subscription services may direct you to third-party websites (“Linked Sites”). The Linked Sites are not under the control of Michael Whelan’s CharmedLife and Michael Whelan’s CharmedLife is not responsible for the contents of any Linked Site. Michael Whelan’s CharmedLife is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Michael Whelan’s CharmedLife of the site or any association with its operators. Any dealings with third parties (including advertisers) included within Michael Whelan’s CharmedLife subscription services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Michael Whelan’s CharmedLife shall not be responsible or liable for any part of any such dealings or promotions.
5. NO UNLAWFUL OR PROHIBITED USE
5.1 As a condition of your use of Michael Whelan’s CharmedLife subscription services, you shall not use Michael Whelan’s CharmedLife subscription services for any purpose that is unlawful or prohibited by this Subscription Agreement. You may not use Michael Whelan’s CharmedLife subscription services in any manner that could damage, disable, overburden, or impair any Website or service within Michael Whelan’s CharmedLife subscription services (or the networks connected to any Website or service within Michael Whelan’s CharmedLife subscription services) or interfere with any other party’s use and enjoyment of Michael Whelan’s CharmedLife subscription services. You may not attempt to gain unauthorized access to Michael Whelan’s CharmedLife subscription services, other accounts, computer systems or networks connected to any website or service within Michael Whelan’s CharmedLife subscription services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Michael Whelan’s CharmedLife subscription services. You agree to abide by all applicable local, state, national and international laws and regulations.
5.2 When using Michael Whelan’s CharmedLife subscription services you are subject to all the rules specified by the services and websites you visit. This includes websites and services within Michael Whelan’s CharmedLife subscription services as well as services and websites operated by third parties. If another party reports that you have violated their rules, you agree that Michael Whelan’s CharmedLife may take appropriate action just as if you had violated this Subscription Agreement.
6. USE OF SERVICES; OPERATION OF SERVICES
6.1 Michael Whelan’s CharmedLife has no obligation to monitor Michael Whelan’s CharmedLife subscription services. However, Michael Whelan’s CharmedLife reserves the right to review materials posted to any Michael Whelan’s CharmedLife subscription services and to remove any materials in its sole discretion. Michael Whelan’s CharmedLife reserves the right to terminate your access to Michael Whelan’s CharmedLife subscription services or any Michael Whelan’s CharmedLife subscription services at any time, without notice, for any reason whatsoever. Michael Whelan’s CharmedLife reserves the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, in Michael Whelan’s CharmedLife’s sole discretion.
7. CHARGES AND BILLING
7.1 As members advance in the CharmedLife program, they may participate in a CharmedLife subscription program. You understand that Michael Whelan’s CharmedLife subscription services will commence as soon as Michael Whelan’s CharmedLife receives and processes your initial payment. You agree that any statutory right to withdraw from Michael Whelan’s CharmedLife subscription services will be waived as soon as Michael Whelan’s CharmedLife subscription services commence. You understand that you may discontinue any and all services and products of Michael Whelan’s CharmedLife at anytime by submitting an email request to whelanmedia@msn.com; however, there will be no refunds of any kind and any charges that are outstanding must be paid in full. Further, you agree to the following terms. Your paid account will renew automatically, unless we terminate it, or you notify by email (whelanmedia@msn.com) of your decision to terminate your paid account. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
7.2 If you are paying via PayPal account you can sign into http://www.paypal.com to view your Online Statement. Your Online Statement will be available according to your Payment Account services. Subject to applicable law, you agree that the Online Statement is the only statement of your Billing Account that Michael Whelan’s CharmedLife needs to provide to you. YOU ALSO AGREE THAT IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR ONLINE STATEMENT AND TO RETAIN THIS COPY FOR YOUR RECORDS Michael Whelan’s CharmedLife will use commercially reasonable efforts to correct any technical failures relating to an Online Statement within a reasonable time. However, your inability to view an Online Statement does not extend, or relieve you of, your obligation to pay any amounts owing to Michael Whelan’s CharmedLife. Unless you notify Michael Whelan’s CharmedLife (or any affiliated sites) of any error within 30 days after it first appears in any Online Statement, such statement will be deemed accepted by you for all purposes, including resolution of inquiries made by your Payment Method Provider. If you are paying via authorized and accepted credit card, it is your responsibility to check and save your monthly statement(s). TO THE EXTENT ALLOWED BY LAW, YOU RELEASE Michael Whelan’s CharmedLife (AND AFFILIATED SITES) FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR THAT IS NOT REPORTED TO Michael Whelan’s CharmedLife WITHIN 30 DAYS AFTER THE ERROR FIRST APPEARS ON YOUR ONLINE STATEMENT.
8. LIABILITY/WARRANTY DISCLAIMER
8.1 CHANGES ARE PERIODICALLY MADE TO Michael Whelan’s CharmedLife AND TO THE INFORMATION THEREIN. Michael Whelan’s CharmedLife AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN Michael Whelan’s CharmedLife AT ANY TIME. YOU SPECIFICALLY AGREE THAT Michael Whelan’s CharmedLife SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY WEBSITE OR SERVICE WITHIN Michael Whelan’s CharmedLife, YOU SPECIFICALLY AGREE THAT Michael Whelan’s CharmedLife IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT Michael Whelan’s CharmedLife IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN ANY WEBSITE OR SERVICE WITHIN Michael Whelan’s CharmedLife SITE BY ANY THIRD PARTY.
8.2 ALL CONTENT(AS DEFINED ABOVE), EQUIPMENT (WHERE APPLICABLE, AND EXCEPT AS EXPRESSLY STATED IN A WRITING ACCOMPANYING SUCH EQUIPMENT), AND SERVICE (INCLUDING BUT NOT LIMITED TO ANY SERVICE PROVIDED ON YOUR COMPUTER BY Michael Whelan’s CharmedLife OR ITS DESIGNATED SERVICE PROVIDERS) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. Michael Whelan’s CharmedLife AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT AND EQUIPMENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. Michael Whelan’s CharmedLife AND ITS RESPECTIVE SUPPLIERS DO NOT WARRANT THAT THE CONTENT OR EQUIPMENT IS ACCURATE, RELIABLE, SECURE OR ERROR-FREE; THAT Michael Whelan’s CharmedLife WILL BE AVAILABLE AT ANY PARTICULAR TIME; THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT OR EQUIPMENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Michael Whelan’s CharmedLife, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS BE LIABLE FOR ANY 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 Michael Whelan’s CharmedLife OR RELATED EQUIPMENT, WITH THE DELAY OR INABILITY TO USE Michael Whelan’s CharmedLife OR RELATED EQUIPMENT, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF Michael Whelan’s CharmedLife OR RELATED EQUIPMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Michael Whelan’s CharmedLife OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
8.4 Michael Whelan’s CharmedLife , ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS DO NOT WARRANT THAT ACCESS TO OR USE OF Michael Whelan’s CharmedLife WILL BE UNINTERRUPTED OR ERROR-FREE, THAT SUBSCRIBERS WILL BE ABLE TO ACCESS Michael Whelan’s CharmedLife AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR THAT Michael Whelan’s CharmedLife, Michael Whelan’s CharmedLife INTERNET CLIENT SOFTWARE, Michael Whelan’s CharmedLife SERVICES OR RELATED EQUIPMENT WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
8.5 Michael Whelan’s CharmedLifes’ LIABILITY TO YOU FOR BREACH OF THIS SUBSCRIPTION AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO Michael Whelan’s CharmedLife FOR ACCESS TO AND USE OF Michael Whelan’s CharmedLife SUBSCRIPTION SERVICES. YOU HEREBY RELEASE Michael Whelan’s CharmedLife FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. BECAUSE SOME PROVINCES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATION IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF Michael Whelan’s CharmedLife, OR WITH ANY PART OF THIS SUBSCRIPTION AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT SIGN UP FOR Michael Whelan’s CharmedLife, OR TO CANCEL YOUR SUBSCRIPTION TO Michael Whelan’s CharmedLife FOR WHICH MONIES PAID ARE NOT REFUNDABLE.
8.6 The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
9. NO PROFESSIONAL ADVICE
9.1 Nothing contained in Michael Whelan’s CharmedLife is intended to constitute investment, legal, tax, real estate, medical, accounting or other personal or professional advice, and you should not rely solely on the reports, data, and other information provided to you as part of Michael Whelan’s CharmedLife for making decisions. Information provided within Michael Whelan’s CharmedLife is for informational purposes only. You should consult with an appropriate professional for specific advice tailored to your situation and/or verify the accuracy of information provided to you before making any decision.
10. STORAGE SPACE AND OTHER LIMITATIONS
10.1 You acknowledge that Michael Whelan’s CharmedLife reserves the right to sign out, terminate or delete your accounts for any particular website or service within Michael Whelan’s CharmedLife that are “inactive” for an extended period of time, even if you continue to maintain your Michael Whelan’s CharmedLife subscription to Michael Whelan’s CharmedLife’s subscription services. “Inactive” means that you have not participated in to a particular service for an extended period of time, as determined by Michael Whelan’s CharmedLife, in its sole discretion. The amount of time that Michael Whelan’s CharmedLife currently considers as an “extended” period of time is determined based on the particular website or service within Michael Whelan’s CharmedLife to which it pertains, or other user information relating to the particular service.
11. TERMINATION OF SUBSCRIPTION
11.1 Michael Whelan’s CharmedLife reserves the right, in its sole discretion, to terminate or suspend your subscription to Michael Whelan’s CharmedLife subscription services at any time, with or without cause, with or without notice. For example, Michael Whelan’s CharmedLife may, in its discretion, terminate, cancel, or suspend an accepted order if Michael Whelan’s CharmedLife is notified that your Payment Method has expired or has been cancelled, or if Michael Whelan’s CharmedLife has reason to believe that any Billing Account information provided to Michael Whelan’s CharmedLife is untrue, inaccurate, not current or incomplete. Upon termination of your subscription to Michael Whelan’s CharmedLife subscription services your right to use Michael Whelan’s CharmedLife subscription services immediately ceases. Michael Whelan’s CharmedLife shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
11.2 You may terminate your Michael Whelan’s CharmedLife subscription at any time, with or without cause, upon written notice to Michael Whelan’s CharmedLife at whelanmedia@msn.com.
12. INDEMNIFICATION
12.1 You agree to indemnify and hold Michael Whelan’s CharmedLife, its parents, subsidiaries, members, affiliates, officers, (and if) employees harmless from any claim, demand, or damage, including costs and reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on Michael Whelan’s CharmedLife websites. Michael Whelan’s CharmedLife ill notify you of any claim for which Michael Whelan’s CharmedLife seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to Michael Whelan’s CharmedLife’s interests, as reasonably determined by Michael Whelan’s CharmedLife.