Acceptance of Terms

Martin Kiely makes this Web site (the “Site”), including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the “Materials”) and all services operated by Martin Kiely and third parties through the Site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Martin Kiely may publish from time to time (collectively, the “Terms of Use”).

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.

Martin Kiely reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at his sole discretion, and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check the “Terms of Use” link on the Site’s home page to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

DEFINED TERMS:

All user-supplied information, materials, files, communications, and documents are referred to collectively as “User Content.” “Martin Kiely Content” means all Materials provided by Martin Kiely, User Content, and Martin Kiely Content may have different restrictions and conditions associated with them.

TYPES OF USERS:

Please be aware that certain activities on this Site are available only to persons who are covered under a paid or trial subscription agreement with Martin Kiely (“Subscribers”) and persons invited by Subscribers to participate in such activities.

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS:

The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, Martin Kiely and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

Use of Services:

When using Services on this Site that are offered by Martin Kiely, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Use. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use.

In addition to the Materials and Services offered by Martin Kiely, this Site also makes available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services are governed by separate license agreements that accompany such services. Martin Kiely offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by Martin Kiely. You agree that you will not hold Martin Kiely responsible or liable with respect to the Third Party Services or seek to do so.

Use of Software:

The software and accompanying documentation that is made available to download from this Site is the copyrighted and/or patented work of Martin Kiely and/or its suppliers. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. If you do not agree to such terms, you will not be able to use the software. Absent a license agreement that accompanies the software, use of the software will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.

Use of Martin Kiely Content and User Content:

Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the Martin Kiely Content and User Content available on this Site subject to the following conditions:

The Martin Kiely Content and User Content may be used solely for personal, informational, and internal purposes.

The Martin Kiely Content and User Content may not be modified or altered in any way.

The Martin Kiely Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.

You may not remove any copyright or other proprietary notices contained in Martin Kiely Content and User Content.

Martin Kiely reserves the right to revoke the authorization to view, download, and print the Martin Kiely Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Martin Kiely.

The rights granted to you constitute a license and not a transfer of title.

IMPORTANT EXCEPTIONS:

Various sections of the Site may showcase the work of creative professionals. Such works belong to their creators, may be protected by copyright or other proprietary laws, and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.

The rights specified above to view, download, and print the Martin Kiely Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade and other laws and may not be copied or imitated in whole or in part.

TRADEMARK INFORMATION:

The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of Martin Kiely or other third parties. You are not permitted to use the Marks without the prior written consent of Martin Kiely or such third party that may own the Marks. Martin Kiely and the Martin Kiely logo are trademarks of Martin Kiely Hypnosis Centre.

LICENSE TO MARTIN KIELY FOR USER CONTENT:

Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site you grant Martin Kiely one of the following types of licenses:

1.

For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, such as examples of work you have done using Martin Kiely products, you grant Martin Kiely a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant Martin Kiely the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site. You acknowledge and agree that any User Content you submit to Martin Kiely, such as actions or extensions, may be downloaded, modified, reproduced, and distributed by users of this Site.

2.

For User Content such as comments to the Martin Kiely User to User Forums, bug reports, piracy reports, or product suggestions, you grant Martin Kiely and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that Martin Kiely is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of Martin Kiely or others.

PROHIBITED COMMUNICATIONS:

You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libellous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site. <TOP>

USER CONDUCT:

In using the Site, including all Services and Materials available through it, you agree:· not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites;· not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;· not to create a false identity;· not to use or attempt to use another’s account, password, service, or system without authorization from Martin Kiely; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

MANAGING CONTENT AND COMMUNICATIONS:

Although it is not our intention to do so, Martin Kiely reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability. <TOP>

Martin Kiely may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards, or other user forums; and (ii) the substance of any User Content.

To the maximum extent permitted by law, Martin Kiely will have no liability related to User Content or Design Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Martin Kiely also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.

USE AND PROTECTION OF ACCOUNT NUMBER AND PASSWORD:

You are responsible for maintaining the confidentiality of your account number, account name, and/or password, if applicable. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.

WARRANTIES AND DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND MARTIN KIELY OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY’S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MARTIN KIELY MAKES NO WARRANTY THAT:

THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS.

THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE.

THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. MARTIN KIELY MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND MARTIN KIELY MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. <TOP>

YOU UNDERSTAND AND ACKNOWLEDGE THAT:

MARTIN KIELY DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE.

MARTIN KIELY MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES.

ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.

MARTIN KIELY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. MARTIN KIELY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARTIN KIELY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

INTERNATIONAL USERS

This Site can be accessed from countries around the world and may contain references to Martin Kiely products, services, and programmes that are not available in your country. These references do not imply that Martin Kiely intends to announce such products, services, or programmes in your country.

The Site is controlled, operated, and administered by Martin Kiely from its offices within Ireland. Martin Kiely makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside Ireland, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside Ireland, you are responsible for compliance with all local laws. See section on Export Control Laws, below, for further information.

PERSONAL INFORMATION AND PRIVACY

Except as set forth in the Terms of Use, your personal information will be deemed to be confidential. Any non-personal information or material sent to Martin Kiely will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Martin Kiely or others. Please be aware that your browser must be enabled to accept cookies in order for you to purchase from the Martin Kiely online store.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL MARTIN KIELY, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT MARTIN KIELY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

USER FORUMS

In addition to these Terms of Use, users of the Martin Kiely User to User Forums must agree to a separate legal agreement located within the Forums registration area of the Site. Your access to the User to User Forums will be denied for violation of either the Terms of Use or the agreement located within the Forums registration area of the Site. In particular, you should be familiar with the Section titled “PROHIBITED COMMUNICATIONS” in that agreement and conduct your activities accordingly.

NOTIFICATION OF COPYRIGHT INFRINGEMENT

Martin Kiely will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide Martin Kiely Copyright Agent a Notice containing the following elements:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed.

A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled.

A description of where the material that you claim is infringing is located on the Martin Kiely site.

Information sufficient to permit Martin Kiely to contact you, such as your physical address, telephone number, and e-mail address.

A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Martin Kiely for Notice of claims of copyright infringement can be reached as follows:

By mail: 1 Windsor Place, St. Luke’s Cross, Cork City, Ireland.

By telephone:  +353 21 4870870

By e-mail: [email protected]

MARTIN KIELY SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS SITE. ALL OTHER INQUIRIES DIRECTED TO MARTIN KIELY WILL NOT BE RESPONDED TO. SUCH INQUIRIES SHOULD BE MADE THROUGH THE FEEDBACK PROCEDURE LOCATED AT www.martinkielyhypnosis.com

INDEMNITY AND LIABILITY

You agree to indemnify and hold Martin Kiely, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Content, Design Content or computer viruses), your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

GOVERNING LAW AND JURISDICTION

This Site (excluding linked sites) is controlled by Martin Kiely from its offices within Ireland. By accessing this Site, you and Martin Kiely agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of Republic of Ireland, without regard to the conflicts of laws principles thereof. You and Martin Kiely also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Courts of Ireland with respect to such matters.

LANGUAGE

It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English.

GENERAL

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Martin Kiely and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Martin Kiely to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

MEDICAL DISCLAIMER

The information on this website, and related blogs and emails, is provided for informational purposes only and is not intended to replace consultation with a qualified health care professional. It is not intended as medical advice and DOES NOT create a hypnotist-client relationship between you and Martin Kiely. It is not intended for use in diagnosing or treating a health problem or disease, or prescribing treatment. Please consult your physician or healthcare professional before beginning any treatment for any health problem.