Terms of Use

Terms of Use for CindyMcGonagle.com

THESE TERMS OF USE THESE (Terms) REPRESENT AN AGREEMENT BETWEEN YOU AND CINDY MCGONAGLE AND CINDYMCGONAGLE.COM.
We,OR US AND GOVERN YOUR USE OF OUR WEBSITES AT WWW.CINDYMCGONAGLE.COM, AND ANOTHER SITES CREATED BY US FROM TIME TO TIME
(THE SITES) AND ANY PRODUCTS OR SERVICES MADE AVAILABLE BY MEANS OF ANY OF THE SITES (THE PRODUCTS). WE REFER TO THE SITES
AND THE PRODUCTS COLLECTIVELY IN THESE TERMS AS THE SERVICES. BY USING ANY OF THE SERVICES,
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS.

*Please read the following terms of use relating to your use of this site,
and all the sites listed below under our brand, carefully. By using these sites,
you agree to these terms of use. We reserve the right to modify these terms at any time,
so please check this page periodically for changes. By using these sites after we post any
changes to these terms, you agree to accept those changes, whether or not you have reviewed
them or been notified about them. If at any time you choose not to accept these terms of use,
please do not use this site or any of our sites.

DISCLAIMERS; LIMITATIONS OF LIABILITY
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THE SERVICES, INCLUDING ANY PRODUCTS, ARE PROVIDED AS IS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(b) WHILE WE MAKE GOOD FAITH EFFORTS TO INCLUDE SUBSTANTIALLY ACCURATE INFORMATION IN THE SERVICES, ERRORS OR OMISSIONS MAY OCCUR. IF WE RECEIVE NOTICE OF ERRORS OR OMISSIONS, WE WILL MAKE REASONABLE EFFORTS TO CORRECT THEM IN DUE COURSE; BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR AS TO THE RESULTS THAT WILL BE DERIVED FROM USING ANY OF THE INFORMATION INCLUDED IN THE SERVICES.
(c) IN NO EVENT SHALL CINDY MCGONAGLE OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SERVICES. OUR LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID FOR THE PRODUCTS GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, GB’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE LESSER OF (I) A REFUND OF THE AMOUNT PAID FOR THE PRODUCT AT ISSUE, OR (II) $100.
(d) YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS OR RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON PRODUCTS. THE SERVICES SHALL NOT CONSTITUTE OR BE CONSTRUED AS A RECOMMENDATION, SOLICITATION, OFFER OR OPINION BY GB OR OUR AFFILIATES, PRINCIPALS OR CONTENT PROVIDERS, FOR ANY FINANCIAL TRANSACTION OR THE PURCHASE OF ANY FINANCIAL INSTRUMENT, INCLUDING BUT NOT LIMITED TO SECURITIES, OR ANY KIND OF INVESTMENT. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS.
(e) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY OR ACHIEVE ANY PARTICULAR RESULTS USING THE TECHNIQUES AND IDEAS PROVIDED IN CONNECTION WITH THE SERVICES. ALL INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES IS INTENDED FOR EDUCATIONAL PURPOSES ONLY, FOR A GENERAL AUDIENCE, AND NOT AS SPECIFIC ADVICE TAILORED FOR AN INDIVIDUAL OR BUSINESS. NONE OF THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES SHALL BE CONSTRUED TO CONSTITUTE MEDICAL, PSYCHOLOGICAL, FINANCIAL OR ACCOUNTING, LEGAL OR OTHER PROFESSIONAL ADVICE; WE URGE YOU TO CONSULT WITH AN APPROPRIATE LICENSED PROFESSIONAL IF YOU SEEK ANY SUCH ADVICE.
(f)IF USER CHOOSES TO VISIT OR RECEIVE SERVICES FROM BRICK AND MORTAR LOCATION(S) FROM CINDY MCGONAGLE WHETHER IT BE A HOTEL, PRIVATE RESIDENCE OR PARK, USER ASSUMES ALL RESPONSIBILITY AND RISK FOR USE OF THOSE SERVICES OUTLINED HEREIN, AS IF USER WAS USING THE WEBSITE OR ANY OTHER MANNER OF RECEIVING SERVICES.
(g)FOR ENTERTAINMENT PURPOSES ONLY
SERVICES
Cindy McGonagle grants you a non-exclusive, non-transferable, revocable license to use the Services,
including the Products (subject to payment, where applicable), for your personal use only,
in accordance with these Terms. We reserve all rights that we do not expressly grant in these Terms.
We may change, suspend or discontinue any aspect of the Services at any time, including the availability
of any feature or content. Without limitation of any of our other rights or remedies at law,
in equity or under these Terms, we may terminate your license to use the services,
in whole or in part, including your right to use any products,
without providing any refund or cancelling your obligation
to make installment payments where applicable, if we determine, in our sole discretion,
that you have breached or violated any of the provisions of these Terms.

PAYMENT
You may purchase licenses to certain Products through a one-time payment
or in monthly installments, as specified on the Sites. When you make a purchase,
you authorize us to charge the credit, debit card or PayPal account you provide
on a one-time or monthly basis, or payment plan, depending on which
payment plan you elect.
 We reserve the right to cancel any order for any reason. Possible reasons for cancellation include,
but are not limited to the following:fraudulent orders, incorrect pricing or non-payment.
REFUNDS

If you are not satisfied with a Product that you purchased, you are eligible
for a full refund of amounts paid for that Product, provided that you: email us
at gardennotes@msn.com no later than thirty (30) days following the date of purchase,
requesting a refund, stating the reason for your request.
Notwithstanding the foregoing, certain Product purchases may
not be eligible for refund, or might be subject to satisfaction
of additional or different criteria, if and to the extent we so provide on the applicable Site(s). If you receive a refund for a Product, you will have no further right to use that Product. We will have the sole discretion to determine whether you satisfy the eligibility criteria for a refund. For the avoidance of doubt, unless you are eligible to receive a refund, as provided herein, your obligation to continue to make all monthly payments with respect to a purchase shall remain in effect, notwithstanding the cancellation or termination of the applicable license for such Product.

YOUR CONTENT
We may provide the opportunity for you to provide content or materials
(Your Content) by means of the Services, including by commenting on blog posts,
by communicating with us directly or through other forums. You grant to us and our
affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, assignable,
transferable, right and license to reproduce, display, perform, transmit, modify, publish,
create derivative works from and otherwise use Your Content in any formats or media now
known or hereafter devised, in connection with our provision or promotion of information products or services.

YOUR CONDUCT
You agree that you will not;(i) use the Services in a manner that
(a) violates any applicable international, federal, state or local laws,
regulations, rules, ordinances, statutes, requirements, codes or orders of
any governmental or judicial authorities; (b) is fraudulent, deceptive or misleading;
(c) is threatening, harassing, discriminatory, libelous, defamatory, pornographic or obscene;
(d) violates anyone’s rights of privacy, publicity or other right,(e) violates any contractual
or fiduciary obligations,(f) infringes on any copyrights, trademarks, service marks, trade secrets,
patents or other intellectual property rights (collectively, Intellectual Property Rights)
(g) has an adverse effect on our business, reputation or ability to provide Services;
or (h) would otherwise be reasonably deemed objectionable under the circumstances(ii) violate any program
guidelines applicable to use of particular Products or interfere with, impair or disrupt the ability of
others to use such Products
(iii) use the Services so as to impersonate any person or entity,
falsely state or otherwise misrepresent your affiliation with a person or entity or provide
inaccurate information
(iv) violate or attempt to violate the security of
the Services
(v) reverse engineer, decompile or disassemble any portion of
the Services
(vi) “scrape” information from the Services by automated means
(i)
interfere with the ability of others or permit any unauthorized access to or use of any
Products that you have licensed or to any password applicable to your account for
the Services(vii) use, redistribute or resell any of the Products or other
content of the Services, other than such unremunerated sharing
ia social media as may be authorized on the Services or otherwise
in writing by us, or
(viii) reproduce, modify, display, distribute, sell, re-sell, distribute,
publish, disclose, videotape, share, divulge,
transfer, exploit or create derivative works from any of the Services,
including any Products, in whole or in part, except as expressly provided in these Terms.

PROPRIETARY RIGHTS
As between you and us, we own the Services, including the Products,
and any and all graphics, photographs, images, artwork, text, fonts,
software and other technology, and the contents, design, layout, functions,
appearance and other intellectual property, comprising the Services. The foregoing
ownership rights include all Intellectual Property Rights inherent in or appurtenant
to the Services. Without limitation of the foregoing, the Services contain proprietary
material of Cindy McGonagle, which is protected by copyright and other laws respecting
proprietary rights. The Services are also protected by copyright as a collective work and/or compilation,
pursuant to U.S. copyright laws, international conventions, and other copyright laws.
Cindy McGonagle retains all rights in the Services, including all copyright and other
proprietary rights worldwide in all media. You may not use the Services except as
expressly permitted under these Terms.

INDEMNITY
You agree to indemnify, defend and hold harmless Cindy McGonagle
and its affiliates, and all officers, directors, owners, agents,
or licensors thereof (collectively, the Indemnified Parties)
from and against any and all losses, damages, liabilities and costs,
including reasonable attorneys fees, sustained by the Indemnified Parties
in connection with any claim arising out of Your Content, your use of our Products,
or any breach by you or any user of your account of these Terms. You shall cooperate as
fully as reasonably required in the defense of any such claim. Cindy McGonagle reserves
the right to assume the exclusive defense and control of any matter subject to indemnification by you.

REPRESENTATIONS AND WARRANTIES
You represent and warrant: (a) that you own all Intellectual Property Rights
in Your Content and have the right to provide Your Content via the Services
for use as contemplated herein, and (b) that you are at least eighteen (18) years old.

LAW; JURISDICTION
These Terms shall be governed by the laws of the United States
of America and the State of California without giving effect to
the principles of conflict of laws. YOU AND WE AGREE THAT ANY ACTION
OR DISPUTE BETWEEN US WILL BE RESOLVED EXCLUSIVELY BY ARBITRATION IN THE STATE OF CALIFORNIA.

PRIVACY
Your use of the Services is subject to our Privacy Policy,
which is incorporated into these Terms. By using any of the Services,
you acknowledge and consent to our collection and use of information as set forth in the privacy policy.

CHANGES
We may modify these Terms at any time by posting
changes on the Sites; however(i) these changes will only become
effective and binding with respect to you after we provide notice on
the Sites that these Terms have changed and you first use any of the
Services following the date of such posting(ii) the changes will only apply with respect to your use of the Services
after such changes become effective(iii) any change in payment obligations
will only apply to your subsequent purchases on, or usage of, the Services.
If at any time you find these Terms unacceptable and do not agree with them,
you thereafter will have no right to use or access the Services.

DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that any of the Services contain content that infringes
on your copyright, please forward the following information by email
to gardennotes@msn.com or in writing to Cindy McGonagle, 78206 Varner Rd, D300, Palm Desert, CA 92211. Including your address and telephone number and email address.
**description of the copyrighted
work that you claim has been *infringed and a description of where the alleged
infringing material is located * a statement by you that you have a good faith
belief that the disputed use is not authorized by you as the copyright owner or
its agent or the law 
an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest * 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.