Terms and Conditions
BY VISITING DAIREPADDY.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
Scope of Terms
Welcome to dairepaddy.com (the “Website”). The Website and services and products offered may include, but are not limited to, articles, reference and communication tools, message boards, books, courses and information products (the “Service”). The Service is owned and operated by Daire Paddy (“us,” “our,” and “we”).
Access to all areas of the Website is provided in accordance with the following terms (“Terms”). By using the Website, you electronically agree to be legally bound by the Terms, which govern your use of the Website. If you do not agree to all of these Terms, please immediately discontinue any further use of the Website. Your failure to follow the Terms may result in suspension or termination of your access to the Website.
We may change these Terms at any time. Continued access to the Website by you will constitute your acceptance of any changes or revisions to the Terms.
General Usage Rules
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to disrupt, modify or interfere with the Website, or its associated software, hardware, and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website. You further agree not to alter or tamper with any information or materials on or associated with the Website.
Your right to use the Website is personal to you. You may not sub-license, transfer, sell or assign your right to access or use the Website to any third party without prior our written approval. Any attempt to do so will be null and void and will be considered a material breach of the Terms.
You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your ID and password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored on the Website), you must promptly change your password and notify us by contacting us my email at the following address: email@example.com.
You acknowledge and agree that the Website and the information, content and software presented to you through or by the Website or used in connection with the Website contain proprietary and confidential information that is protected under U.K. and international intellectual property laws, including those pertaining to the protection of copyrights, trademarks, service marks, and patents, and security components that protect digital information. Except as expressly authorized by us, you agree not to sell, rewrite, modify, redistribute, create derivative works, or rent any part of the Website or any information presented to you through the Website, in whole or in part.
You may not remove any copyright notices from our materials. We reserve all of our other rights not granted in these Terms. You agree not to access the Website by any means other than through the interface that is provided by us for use in accessing the Website.
We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use the Website and the Service subject to these Terms. You may not use the Website in a manner that exceeds the rights granted for your use of the Website, which includes unauthorized copying or distribution of any of the content displayed or used in the Website or creating an unauthorized derivative work.
Information Provided by You
Restrictions Applicable to Use
In connection with your use of the Website, you may not post, email, transmit or otherwise distribute: (a) Information infringing on intellectual property or privacy rights of others; Information that is unlawful, harmful, obscene, defamatory, harassing, abusive, or slanderous in our sole opinion; (b) Information that harm minors in any way; (c) viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware, or (d) confidential information belonging to any other person. In addition, you may not engage in any conduct to: (a) collect information about others; (b) interfere with the Website or the servers or other technology hardware used by the Website; (c) inhibit others from using the Website, or (e) allow any other person or entity to use your password or other identification; or (f) violate any law or regulation.
Disclaimers of Warranties.
WE PROVIDE THE WEBSITE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THE WEBSITE. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE WEBSITE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING.
WE DO NOT GUARANTEE ANY PARTICULAR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, INCLUDING ANY INFORMATION OR CONTENT OBTAINED AS A RESULT OF USING THE WEBSITE WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE. YOU USE THE WEBSITE AT YOUR OWN RISK.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE OR OUR SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. 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, THE SERVICE PROVIDERS’ LIABILITY IN SUCH STATE OR JURISDICTION IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, your violation of these Terms.
Notice and Take Down Procedures and Copyright Agent
If you believe any materials accessible on or from the Website infringe your copyright, trademark or other legal rights, you may request removal of those materials (or access thereto) from the Website by contacting us at firstname.lastname@example.org.
Termination and Modification
You agree that we may without prior notice, discontinue, temporarily or permanently, the Website (or any part thereof) or eliminate your account, any associated email address, and remove any information you uploaded or provided to the Website with or without notice. Cause for termination will include, but not be limited to, (a) violations of these Terms or or any other policy of Daire Paddy, (b) requests by law enforcement or other government agencies, (c) a request by you (d) discontinuance or material modification to the Website, or (e) unexpected technical or security issues or problems.
These Terms and the policies, rules and guidelines posted on the Website constitute the entire contract between you and us and supersede all previous written or oral contracts. If any part of the Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
Choice of Law and Place for Resolving Disputes
The laws of the United Kingdom govern this contract and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods will have no applicability. You further agree that any disputes or claims that you may have against us will be exclusively resolved by a court located in the United Kingdom. You irrevocably consent to the venue and jurisdiction of such courts.
BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS
We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.
Execution of Agreement
Your continued use of the Website constitutes your acceptance of these Terms as a legal contract and the equivalent of an electronic signature. Natural persons executing this contract warrant and represent that they are at least eighteen (18) years of age. Users and the person executing this Agreement on behalf of any user that is a proprietorship, corporation, partnership or other entity, represent that such Person is duly authorized by all necessary and appropriate corporate or other action to execute this contract on behalf of the user.
Information We Collect
We collect personal and non-personal information when you provide it to us in the course of using our Website. The personal information that we may collect includes your name, mailing address, phone number, email address, credit card number, and financial information. The non-personal information that we may collect includes your browser type, the URL of the previous website you visited, your ISP, operating system, and your Internet protocol (IP) Address. The non-personal information is not used by us to personally identify you and is not readily usable for that purpose.
When you subscribe to our service or otherwise make a purchase through our Website we may collect your name, mailing address, telephone number, credit card number, email address, and other information that we request during the registration process.
In addition, if you communicate with us regarding the Website or any of our services or products we collect any information that you provide to us during the course of our communication.
Our Use of Information for Internal Purposes
We use your personal information primarily for our own internal purposes, such as providing, maintaining, evaluating, and improving our Website and the products and services we offer and sell, to collect credit card payments for subscription fees and other purchases you make, and to provide customer support.
We use the non-personal information we collect to track the use of the Website and to assist us in providing, maintaining, evaluating, and improving our Website and the services and products we offer and sell.
Our Disclosure of Personal Information to Third Parties
We will disclose your personal information to protect or enforce our legal rights and policies, to protect or enforce the legal rights of a third party, or as we in good faith believe we are required to do so by law (such as to comply with a subpoena or court order, for example).
We may contract with various third parties who help us provide, maintain and improve the Website and the services we provide and the services and products we offer and sell and such third parties may have access to your personal information in order to perform their services. For example, we use a third party to process payments made to us, and may subcontract out production, fulfillment, analytics, reporting or other operations. We may contract with third party contractors to help us manage, monitor and optimize our Website and the services and products we offer and sell. We may also use third party contractors to help us measure the effectiveness of our advertising, and communications. We will enter into confidentiality and non-disclosure agreements with all third parties that have access to your personal information which will prohibit them from using or disclosing your personal information except for the purpose of providing services to use. We intend to take commercially reasonable steps to enforce such non-disclosure and confidentiality agreements if and when we become aware of any violations.
Our Disclosure of Non-Personal Information to Third Parties
We may disclose non-personal Information, in aggregate form, to potential strategic partners, advertisers, investors, customers, and others. You may not opt-out of the sharing of this information.
How We Protect Your Personal Information
We consider protecting the security of your personal information as extremely important. When you enter sensitive information such as a credit card number on our registration or order forms, we encrypt that information using secure socket layer technology (sometimes referred to as “SSL”).
We follow generally accepted industry standards to protect personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we do not guarantee absolute security. We are not responsible for the unauthorized acts of others and we assume no liability for any disclosure of information due to errors in transmission, unauthorized third party access (such as through hacking) or other acts of third parties, or acts or omissions beyond our reasonable control.
Opting-Out From Receiving Communications
You may opt-out from having your personal information used for certain purposes. For example, if you purchase a product or service but do not wish to receive any additional marketing material from us, you may opt-out by following the instructions included in each email communication.
The Owner may be an affiliate for products recommended on the Website. If you purchase those items through said links the Owner will earn a commission. You will not pay more when buying a product through the Owner’s affiliate link.
Purchase of Digital Products through the Website
Thank you for visiting a Daire Paddy website, including but not limited to, dairepaddy.com and contentarsenal.com (collectively, the “Website”).
By accessing the Website, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Website. The materials contained in this Website are protected by applicable copyright and trademark law.
You are granted a fully revokable license to use the materials (information or software) on Daire Paddy’s (the “Owner”) website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the Website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Owner at any time. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
By accessing this Website, you agree that you will not use what you have access to here to create a competing website, product, or service; and, that you will not create any work that compiles or derives from what you have access to here; and, that you will not use this Website or services in any manner that violates this agreement or any national or international laws.
Membership Site Terms and Conduct
Upon joining, you will be given access to a members’ only area of the Website via secure link and login using an email and password. You agree to not share your login credentials or the secure link with anyone for any reason. You will not share your username and password with any person who did not pay for access to this program. You also agree that you will not sell access to this program and will not sell any of its content without written permission.
Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.
You understand and agree to not place an unreasonable burden on the server hosting this Website or membership site, to not interfere with the running of this Website and to not attempt unauthorized access to any portion of this Website.
You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
Refund and Return Policy
Due to the digital nature of our products and services, Owner WILL NOT offer any refund or returns for any products or services sold on the Website for any reason. If you have any questions about our Refund and Return Policy, please send an email to email@example.com and we will be happy to assist you.
Sign up options for The Content Arsenal now include either an annual membership (paid once yearly in the amount of £330) or a monthly membership (£33, paid every 30 days). You understand that the credit card information you provide upon registration will be charged either each month over the course of a year or each year on your annual subscription anniversary date until you or we cancel your yearly membership. If you opt to leave The Content Arsenal at any point during the period of your annual subscription, you will not be provided with a refund. If you opt to leave The Content Arsenal at any point during the period of your monthly subscription, you must provide a 30 day notice period, sending a written request to cancel to firstname.lastname@example.org
You also understand that you are responsible for any missed or failed payments due to cancelled, changed, or altered payment information that you do not provide to us.
Failure to pay does not cancel your membership payment obligation. If we cannot collect your monthly payment, your membership will be canceled by us and an outstanding balance will be placed on your account. You are responsible for all outstanding membership balances whether or not you maintain an active membership. We reserve the right to collect any and all payments due to us using our collection agency.
If you wish to cancel your membership, you must do so by contacting email@example.com. If you do not wish to maintain a recurring monthly membership but would still like to access The Content Arsenal, please register for an annual membership.
In summary, as of October 6, 2019, The Content Arsenal offers 2 membership types:
- Annual Membership that is paid all at once, recurring once a year; and
- Monthly Membership that is paid in equal monthly payments on a recurring basis.
You represent and warrant that when makes purchases from the Owner that any credit card or payment information you give us is accurate and complete; and, any charges incurred by you will be honoured by your financial institution or credit card company; and, you will pay the charges incurred by you, including any and all taxes; and, if your payment method is not honoured for any reason, you will still pay any incurred charges, including any surcharge we may incur due to the failed payment.
When you join The Content Arsenal on a monthly membership, you will pay upfront for the first month in full. You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorised disclosure or use of your Sign-In Name or Password).
You hereby authorize the Owner, Daire Paddy, and The Content Arsenal to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
Termination of Membership
You may terminate your membership for The Content Arsenal on the anniversary of your purchase of the Annual Membership, or, in the case of a Monthly Membership with 30 days written notice. Your membership with us is effective until terminated by you or us. Your rights found within these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. You agree that upon termination, you will stop representing yourself as a member. Additionally, you must delete or destroy any information or content (including all copies) obtained from the membership website. Copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues survive the termination of any membership.
The Content Arsenal Membership Types
Free Trial – a free trial membership is valid for a predetermined amount of time. Free trial members are still bound by these terms and conditions. To begin a free trial, members must provide payment information. At the end of the free trial period, a Monthly Membership will automatically begin, Members may terminate their Free Trial membership before their trial ends. Upon completion of the Free Trial period, cancelation can only occur by following all guidelines outlined in the Termination of Membership section of these Terms and Conditions. There are no refunds given for membership fees that are automatically drafted at the end of a free trial.
Annual Membership – an annual membership is valid for 365 days from the date you join and automatically renews each year on your original subscription date. This membership is paid for with a one-time yearly payment of £330.
Monthly Membership – a monthly membership is valid from the date you join and automatically renews every 30 days. This membership is paid for with a monthly payment of £33. You will be charged once each month for that amount.
You may cancel your membership renewal at any time by emailing firstname.lastname@example.org but you will be responsible for completing outstanding payments outlined above. Upon cancellation, you will continue to have access to The Content Arsenal until your Annual Membership subscription anniversary date OR your Monthly Membership subscription anniversary date.
Lifetime Membership – a Lifetime Membership is valid for the life of this product. Owner reserves the right to discontinue any product or service at any time for any reason. Your membership continues in perpetuity until this product is discontinued or disabled.
The materials on Owners’ Website are provided on an ‘as is’ basis. Owner makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Owner does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
Where applicable, this membership site is meant for informational purposes only. It is not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information on the membership site and this web site are at your own risk.
We reserve the right to discontinue or modify without notice or liability, any portion of this website or membership site at any time.
In no event shall Owner or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Owner’s Website, even if Daire Paddy or an Owner’s authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of materials
The materials appearing on Owner’s Website could include technical, typographical, or photographic errors. Daire Paddy and Owner do not warrant that any of the materials on its website are accurate, complete or current. Owner may make changes to the materials contained on its website at any time without notice. However, Owner does not make any commitment to update the materials.
Owner has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Owner of the site. Use of any such linked website is at the user’s own risk.
Owner may revise these terms of service for the Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these terms of service.
You may contact us at any time via email by emailing email@example.com
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Owner with respect to this Website and supersedes all prior or contemporaneous communications between you and Owner with respect to this Website. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
These terms and conditions are governed by the laws of the United Kingdom and you irrevocably submit to the exclusive jurisdiction of the courts in that location. You hereby consent to binding arbitration in the United Kingdom to resolve any disputes arising under these Terms and Conditions.
Updated: January 2020