Terms and Conditions

BY VISITING https://www.mariyamcallister.com YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.

Overview

By using https://www.mariyamcallister.com, referred to as this “Website”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we,” “us,” and “our” refer to Mariya McAllister, owner of https://www.mariyamcallister.com. Accessing this Website constitutes a use of the Website and an acceptance to the Terms provided herein.

By using the Website, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Website, from time to time, in which case we will post the revised Terms and Conditions on this Website. By continuing to use the Website after we post any such changes means you accept the new Terms and Conditions with the modifications.

 

Website Use

To access or use the Website, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.

In order to use the Website, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Mariya McAllister will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorised purpose. You must not, in the use of the Website, violate any laws in your jurisdiction.

You may use the Website for lawful purposes only. You shall not post or transmit through the Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

 

Intelectual Property

The Website contains intellectual property owned by the Mariya McAllister, including, without limitation to, trademarks, copyrights, and other intellectual property as well as the Mariya McAllister, https://www.mariyamcallister.com, logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Website content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site if you are caught violating this intellectual property policy.

 

Limitation of liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE. ADDITIONALLY, Mariya McAllister IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF Mariya McAllister HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT, SHALL Mariya McAllister CUMULATIVE LIABILITY TO YOU EXCEED £100.

 

Third party resources

The Website may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

 

Release of claims

In no event will Mariya McAllister be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Website or its Content. You hereby release us from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.

 

Online Commerce

Certain sections of the Website or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.

We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the Merchant directly.

You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

 

Governing law; Venue; Arbitration

This Agreement shall be construed in accordance with, and governed by, the laws of England as applied to contracts that are executed and performed in the United Kingdom. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be England. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement through the International Court of Arbitration (ICC). The parties further agree that their respective good faith participation in arbitration is a condition precedent to pursuing any other available legal or equitable remedy, including litigation or other dispute resolution procedures.

If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

 

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

 

Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.

 

Entire agreement; Waiver; Headings

This Agreement constitutes the entire agreement between you and Mariya McAllister pertaining to the Website and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Mariya McAllister shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Mariya McAllister. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

If you have any questions or concerns regarding these Terms and Conditions, please email: artist(at)mariyamcallister(dot)com.

 

Disclaimers

By using https://www.mariyamcallister.com, referred to as this “Website”, all visitors, referred to as “user”, “you” and “your” are bound by these Disclaimers. The terms “we,” “us,” and “our” refer to Mariya McAllister, owner of https://www.mariyamcallister.com (“the Website). Accessing this Website constitutes a use of the Website and an acceptance to the Disclaimers provided herein.

Mariya McAllister makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Mariya McAllister disclaims all liability for any inaccuracy, error or incompleteness in the Content.

By participating in and/or reading this Website and/or other Content, including but not limited to blog, email communications, videos, webinars, and/or teleseminars, you acknowledge that Mariya McAllister cannot guarantee the outcome of any actions and/or recommendations within the Content and any comments about the outcome are expressions of opinion only. Mariya McAllister cannot make any guarantees other than to deliver information, education, and services purchased as described.

By participating in/reading Mariya McAllister’s Content, you acknowledge Mariya McAllister and its representatives are not medical professionals, licensed psychologists, attorneys, or financial advisers, and the information provided here do not replace the care of medical or other licensed professionals. Any information provided here is in no way to be construed or substituted as medical advice or psychological counseling or any other type of therapy or advice.

You acknowledge that Mariya McAllister has not and does not make any representations as to a future result of any kind that may be derived as an outcome of use of the Website, programs, products or services. Examples shown through website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Website.

If you have any questions or concerns regarding these Disclaimers, please email: artist(at)mariyamcallister(dot)com