Terms and Conditions of Use Agreement
Updated November 1, 2016
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Linda Gale, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old, or a child supervised by a parent or guardian.
- Your Website Account and Site.
If you create an membership account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the membership account. You must not describe or assign keywords to your comments in posts that are misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. Linda Gale may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Linda Gale liability. You must immediately notify Linda Gale of any unauthorized uses of your membership account, or any other breaches of security. Linda Gale will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors.
If you submit a comment on a post or forum within the Website, including links to other websites on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your comments and/or post is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your comments are not named in a manner that misleads your readers into thinking that you are another person or company. For example, your ID or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Linda Gale or otherwise.
By submitting any Content to Linda Gale for inclusion on the Website, you grant Linda Gale a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Website owned and operated by Linda Gale. If you delete Content, Linda Gale will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Linda Gale has the right (though not the obligation) to, in Linda Gale possessive sole discretion (i) refuse or remove any content that, in Linda Gale possessive reasonable opinion, violates any Linda Gale policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Linda Gale possessive sole discretion. Linda Gale will have no obligation to provide a refund of any amounts previously paid.
- Membership Payment and Renewal.
- General Terms.
By selecting a membership plan, you agree to pay Linda Gale the specified one-time and/or periodic subscription fees as indicated in the membership plan details. Membership subscription payments will be charged on a pre-pay basis on the day you purchase a membership service and will cover the use of that service for the subscription period as indicated. Pre-paid membership payments and/or digital product purchases are not refundable.
- Automatic Renewal.
Unless you notify Linda Gale before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Linda Gale in writing or contacting us through your membership dashboard.
- Membership Termination.
If you wish to terminate this Agreement or your Membership account (if you have one), you may simply discontinue using the Website. If you have a pre-paid membership account and wish to cancel the auto-renewal of your membership fee, you will need to submit a membership cancellation request on our Website. We will cancel the auto-renew application and your memberhship will end on the last day of your current membership term. Details on how to cancel automatic renewals of your membership fees are available in your membership dashboard.
- REFUND POLICY: All pre-paid members have unlimited access to view any video available in their membership level. Once a video lesson has been published online and made available to pre-paid members, or purchased by a visitor to the website, it is considered delivered and received as a non-refundable digital service. Therefore, due to the digital nature of the “video lessons and digital products” on our website, we DO NOT refund any pre-paid video lessons, memberships and/or the current month subscription fees. Refunds of physical products are allowed on an individual basis.
To prevent future charges for pre-paid membership fees, you can stop renewing your pre-paid membership. To prevent future charges for monthly subscription fees, cancel your subscription payment in the Member’s Dashboard or contact support to stop your subscription.
If you cancel your subscription or stop renewing your pre-paid membership fees, your account will be downgraded to our Explorer’s Club Membership which is free. You can continue to purchase our products and video lessons at the current published price on our website.
- Fees; Payment.
By signing up for a Membership account you agree to pay Linda Gale the applicable membership fees and any additional fees within the Website. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Linda Gale reserves the right to change the payment terms and fees upon sixty (60) days prior written notice to you. Services can be canceled by you at anytime. See details on how to cancel your membership in the member’s dashboard.
Paid Membership service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Linda Gale to respond within two (2) business days.) concerning the use of the Paid Membership Services. “Priority” means that support takes priority over support for users of the standard or free services. All support will be provided in accordance with Linda Gale standard services practices, procedures and policies. See details in your membership dashboard.
Linda Gale has not reviewed, and cannot review, all of the material posted to the Website by visitors and members, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Linda Gale does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Linda Gale disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted by visitors and members.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the Website that is offered and/or presented by visitors and members. Linda Gale does not have any control over websites and webpages that are not created by Linda Gale, and is not responsible for their contents or their use. By linking to a non-Linda Gale website or webpage, Linda Gale does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Linda Gale disclaims any responsibility for any harm resulting from your use of non-Linda Gale websites and webpages.
As Linda Gale asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.lindagaleoncreation.com violates your copyright, you are encouraged to notify us immediately using the contact form on our website. Linda Gale will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Linda Gale will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Linda Gale or others. In the case of such termination, Linda Gale will have no obligation to provide a refund of any amounts previously paid to Linda Gale.
Linda Gale reserves the right to display advertisements on all pages of your Membership Account. This website does not contain any content which might present a conflict of interest to our membership.
Some of the links in this website either through images, text, audio or video are affiliate links. This means that if you click on the link and purchase the item, the owner of this website will receive an affiliate commission. Regardless, the owner of this website only recommends products or services that will add value to their readers. The owner of this website is disclosing this in accordance with the Federal Trade Commission’s 16 CFR, Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising (copy available here: http://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf
This website may accept forms of cash advertising, sponsorship, paid insertions or other forms of compensation. The compensation received may influence the advertising content, topics or posts made in this website. That content, advertising space or post may not always be identified as paid or sponsored content.
The owner(s) of this website may be compensated to provide opinions on products, services, websites and various other topics. Even though the owner(s) of this website receives compensation for our posts or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this website are purely the author. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.
Some URL’s may be masked and forwarded, to protect any affiliation status and if you are at all unsure about following any link, then please contact us through the Contact Page on our Website.
Linda Gale is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. Designated trademarks and brands are the property of their respective owners. Statements made on this website have not been evaluated by the Food and Drug Administration. Any product mentioned or referred to on this website are not intended to diagnose, treat, cure or prevent disease.
Linda Gale reserves the right to display links to other products, services and websites in the footer or toolbar, such as; Amazon.com Affiliate Links, Third Party Vendors, YouTube Links, and links to other websites and social media resources.
By purchasing a partner product (e.g. Amazon.com Products) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
Linda Gale reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Linda Gale may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Linda Gale may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately if you materially breach this Agreement and fail to cure such breach within seven (7) days of a possessive notice to you from Linda Gale; provided that, Linda Gale can terminate the Webiste immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided “as is”. Linda Gale and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Linda Gale nor her suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will Linda Gale, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Linda Gale under this agreement during the seven (7) days period prior to the cause of action. Linda Gale shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Linda Gale, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Linda Gale and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Linda Gale, or by the posting by Linda Gale of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Indiana, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Vanderburgh County. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Evansville, Indiana, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Linda Gale may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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