TERMS AND CONDITIONS
1. ACCEPTANCE OF TERMS
Gill Marketing Group, LLC dba Megan Smith Gill provides its services on any website under its control accessed by you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time. Your use of the website and its materials constitutes your agreement to all such terms, conditions, policies, and notices (the “Agreement”).
2. DESCRIPTION OF SERVICE
Gill Marketing Group, LLC provides users with access to a wide variety of resources through its website. Unless explicitly stated otherwise, any new features that enhance the current Service, including the release of new resources shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Gill Marketing Group, LLC assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. MODIFICATIONS TO SERVICE
Gill Marketing Group, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Gill Marketing Group, LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
Gill Marketing Group, LLC may change, add, or remove any part of this Agreement, or any other terms associated with the use of the website, at any time, by posting a notice of such changes to the Terms of Service page of the website. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use the services after the notice is posted, you are indicating your acceptance of those changes.
4. SPONSORS, THIRD PARTIES, AND ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties, or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such sponsor, third party, or advertiser. You agree that Gill Marketing Group, LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties, or advertisers on the Service.
5. Third-Party Websites
Gill Marketing Group, LLC may provide, or third parties may provide, links to other websites or Internet resources. Because Gill Marketing Group, LLC has no control over such websites and resources, you acknowledge and agree that Gill Marketing Group, LLC is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on, or available from, such websites or resources. You further acknowledge and agree that Gill Marketing Group, LLC shall not be responsible or liable, 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 services available on, or through any such website or resource.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Gill Marketing Group, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Gill Marketing Group, LLC makes no warranty that (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (VI) OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material,
d. No advice or information, whether oral or written, obtained by you from GILL MARKETING GROUP, LLC or through, or from, the service shall create any warranty not expressly stated in the Terms Of Service,
e. Information created by THIRD PARTIES that you may access on the website or through link is not adopted or endorsed by GILL MARKETING GROUP, LLC and remains the responsibility of such THIRD PARTIES.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GILL MARKETING GROUP, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GILL MARKETING GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
8. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.
9. TRADEMARK INFORMATION
All materials on the GILL MARKETING GROUP, LLC website, including without limitation, names, logos, trademarks, service marks, images, graphics, photographs, illustrations, artwork, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by GILL MARKETING GROUP, LLC. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, no Online Materials may be republished, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify any GILL MARKETING GROUP, LLC content. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this website for means other than its intended purposes is prohibited.
Megan Smith Gill logos and product and service names are trademarks of GILL MARKETING, LLC. All other trademarks appearing on the website are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. GILL MARKETING GROUP, LLC will enforce its intellectual property rights to the fullest extent of the law.
If you suspect that the content or trademarks of a GILL MARKETING GROUP, LLC website product are being misused please contact email@example.com as soon as possible.
The failure of GILL MARKETING GROUP, LLC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
11. HEADINGS FOR CONVENIENCE ONLY
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to firstname.lastname@example.org
You agree to indemnify, defend, and hold GILL MARKETING GROUP, LLC harmless from any claims and expenses, including reasonable attorneys’ fees, arising from or related to any breach by you of any terms of this Agreement.
14. LETTERS, REVIEWS, OR OTHER SUCH COMMENTS OR MATERIALS
Any comments, materials, or letters sent by you to GILL MARKETING GROUP, LLC, including without limitation, questions, comments, suggestions, criticisms or the like (“Received Materials”) shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is “not for publication” and contains “private and proprietary” information that may not be distributed. GILL MARKETING GROUP, LLC shall have no obligation of any kind with respect to such Received Materials and GILL MARKETING GROUP, LLC will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute, the Received Materials without limitation or restriction. Furthermore, GILL MARKETING GROUP, LLC is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to GILL MARKETING GROUP, LLC for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.
16. RESTRICTIONS ON USE
You may not use GILL MARKETING GROUP, LLC or its content for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree to use GILL MARKETING GROUP, LLC solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
18. ENTIRE AGREEMENT
This Agreement and any other terms and conditions of service on a GILL MARKETING GROUP, LLC website constitute the entire agreement between you and GILL MARKETING GROUP, LLC and govern your use of the Service.
19. REFUSAL OR DISCONTINUANCE OF SERVICE
GILL MARKETING GROUP, LLC reserves the right to refuse or discontinue service to any user for noncompliance with these Terms and Conditions.
20. REFUND POLICY
GILL MARKETING GROUP, LLC offers a seven (7) day period in which members can request a refund of their first month or year membership fee. Refunds will be issued within 48 hours of request. Any member that purchases and the subsequently refunds their membership fee will not be eligible to repurchase and request a refund for a period of five (5) years.
In the case of the Give A Shift Academy eLearning Course, a 30-day guarantee is provided as long as the purchaser honors the terms of the guarantee.
In the case of a product such as a book or video, refunds are not available but a replacement of the purchased item will be made if deemed to be defective.
21. CHOICE OF LAW AND FORUM
The laws of the State of Connecticut will govern this Agreement. The laws of the State of Connecticut will govern any dispute arising from the terms of this agreement or breach of this agreement and you agree to personal jurisdiction by the state and federal courts sitting in Connecticut. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of, or in any way connected with, these Terms and Conditions and agree to submit to binding arbitration.
22. CANCELLATION POLICY
All memberships will renew automatically based on your subscription plan. If you wish to cancel your membership please contact us via email at support@MeganSmithGill.com at least 7 days before your subscription renews. Cancellation requests received less than 7 days prior to your subscription renewal, will be honored for the next cycle.
In the case of an eLearning Course, once you have cancelled you will no longer have access to the Members Dashboard nor any content on that website.
If you cancel your membership, you will not be eligible for a new membership for one year from your initial “join” date. This means that if you initially joined in January and then cancel in May, as an example, you will not be eligible to re-join until the next January. This will be a new membership and you will NOT have access to the materials purchased the previous year.