terms of service

Please read these Terms of Service (“Terms of Service” or “Term”) carefully before using the www.shannonodowd.com website (“website” or “Service”) operated by Shannon O’Dowd Presents, Inc. (“us”, “we”, or “our”).

 

Acceptance of Agreement/Electronic Contracting

Your access to and use of our Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, Users and others who access or use our Service.

Our company provides our Service subject to the following conditions. Users should understand that this agreement is the one they must read, understand and agree to in order to use our website and Service. By accessing or using our Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access our Service.  User’s use of our website and Service includes the ability to enter into agreements and/or make transactions electronically. User acknowledges that User’s electronic submissions constitute User’s agreement and intent to be bound thereby for such agreements and transactions. User’s agreement and intent to be bound by electronic submissions applies to all records relating to all transactions User enters into related to our website and Service. Users are allowed to use the website to transmit and receive valid electronic signatures in the US under the E-sign Act of 2000 and the UETA of 1999.  User signatures and entities are not authenticated by us.    

 

Prepayment/No Refund/No Personal Information Stored by Us

Our Service is billed on a pre-payment basis. You will be billed in advance by accessing a third party website for payment processing prior to accessing our Service.  No personal or financial information is collected or stored by us.  Due to the nature of our Service no refunds are permitted. 

 

User License

By paying us, we grant you a revocable, non-exclusive, non-transferable use license for our Service.  User may not access nor use our Service for any other purpose than for which we make it available to User. You have paid for the right to use our Service for your personal use only; you acknowledge and agree not to disclose provided Service to any unauthorized third parties.

 

User Representations

Any User-submitted questions, ideas, or information about the website and or Service can and may be used by us as we like.  User cannot use the website for activities inconsistent with these Terms of Service.

 

Our Representations/Disclaimer

Nothing in these Terms will be construed as a promise or guarantee about the effectiveness of User’s use of our Service.  We do not guarantee and there can be no assurance that after using our Service User will: get an agent/manager; get a TV appearance; monetize User’s brand; improve User’s skills; and/or materially increase monetary revenue following use of our Service.  We make no representation about appropriateness or availability of the website in other countries.  Minors are not permitted to use the website or must first receive permission from a parent/guardian.

 

User agrees that User’s use of the website and our Service will be at its sole risk, and to the fullest extent as provided by law, we disclaim all warranties, express or implied, in connection with the website and or our Service, and User’s use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty and or representation about the accuracy and or completeness of the website or our Service and assume no liability for any (a) errors, mistakes and or inaccuracies; (b) personal injury and or property damages of any nature resulting from User’s access and or use of the website and or Service; (c) any unauthorized access to or use of our secure servers and or any and all personal information and or financial information stored therein; (d) any interruption of transmission to or from the website; (e) any bugs, viruses, trojan horses, or the like of which may be transmitted to or through the website from a third party; and or (f) any error or omissions in any content and material or for any loss or damage of any kind incurred as a result of the use of the website or Service posted, transmitted or made otherwise available.

 

Our Rights

All content on the website and trademarks, service marks and logos are owned and or licensed by us, and provided “as is” and may not be used, copied or otherwise exploited for any other purposes without our prior written consent.  Such content includes, without limitation, all source code, databases, functionality, software, website design, audio, video, text, photos and graphics.  All our graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress.  Our trademarks and trade dress may not be used, including as part of trademarks/and or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without our prior written permission.  We reserve all rights not expressly granted to you in and to the website and or Service.  From time to time we monitor and remove content from our website.  As we collect no personal information from our Users, we do not retain any personal data.  User recognizes and acknowledges that it will receive, have access to and/or become familiar with our Service and you agree and acknowledge that such Service is and shall remain our exclusive property. 

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. A material change will be determined at our sole discretion and all changes become effective upon posting. User agrees to periodically check the website and Service for updates to these Terms and it will read the messages we send User to inform User of any such changes. 

 

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if User breaches the Terms.  All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. This agreement shall remain in full force and effect while User uses our website and Service.  Without limiting any other provision of this agreement, we reserve the right to, in our sole discretion, deny access to and use of the website and or Service, to any person for any reason or no reason at all, including and without limitation, for breach of any representation in these Terms or of any applicable law or regulation, and we may terminate User’s use of the website and Service, without warning in our sole discretion.  In order to protect the integrity of the website and our Service, we reserve the right at any time in our sole discretion to block certain IP addresses from accessing the website and our Service.      

 

Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by us.  We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or service. User further acknowledges and agrees that we shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or service available on or through any such third party website.

 

Dispute Resolution

We do not anticipate having any disagreements with you about the quality, cost or appropriateness of our Service, but if any concerns arise, please notify us immediately.  In the event any dispute or claim cannot be resolved by discussions between us, then such dispute or claim shall be the subject of binding arbitration before the Judicial Arbitration and Mediation Service (JAMS), unless the parties to the dispute mutually agree to use the arbitration services of another agreed-upon Arbitrator instead.  Such arbitration shall be governed by California law, without regard to its conflict of laws provisions.  The prevailing party in such arbitration shall be entitled, in addition to any other relief that may be granted, to reasonable attorneys' fees and consultants' fees, and to recover all fees and costs associated with the arbitration.  The arbitrator shall allow only such discovery as he or she reasonably believes is necessary in order for the parties to be properly prepared to arbitrate their dispute.

 

Limitation of Liability

Users assume all risks when signing up for our Service and using our website. We cannot be held liable for any losses User may sustain in use of the website or Service.  In no event shall we be liable to User or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages including, lost profit, lost revenue, loss of data or other damages arising from User’s use of the website or our Service.  If you are a California resident, User waives California Civil Code Section 1542 which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in its favor at the time of executing the release, which, if known by him must have materially affected his settlement with debtor.” 

 

Indemnity

User agrees to defend, indemnify and hold us harmless from and against any loss, damage or liability, including attorneys’ fees and expenses, made by any third party due to or arising out of User’s use of the website or our Service or breach of this agreement.  Notwithstanding the foregoing, we reserve the right, at User’s expense, to assume the exclusive defense and control of any matter for which User is required to indemnify us and User agrees to cooperate, at User’s expense, with our defense of such losses, damages, claims and or liability.          

 

Miscellaneous

This agreement constitutes the entire agreement between User and us regarding User’s use of the website and Service.  The failure of us to exercise or enforce any right or provision shall not operate as a waiver of such right or provision. This agreement operates to the fullest extent allowed by law. In the event of any provision herein being found unenforceable, the remainder herein shall remain in full force and effect.  This agreement may not be assigned and any such assignment shall be void.  There is no joint venture, partnership, employment or agency relationship created between User and us as a result of this agreement, use of the website or Service. You waive any and all defenses you may have based on electronic form of this agreement and the lack of signing to execute this agreement.  

 

Contact Us

If you have any questions about these Terms, please contact us.

By clicking the “Buy Now" button you are agreeing to these Terms of Service.

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