Terms and Conditions

Last Edited on 2019-01-22

Welcome to Irvine Nugent & Associates
These terms and conditions outline the rules and regulations for the use of Irvine Nugent & Associates's website.  

Irvine Nugent & Associates is located at:
45 Sutton Square #1003 SW, Washington DC 20024 (USA)

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Irvine Nugent & Associates's website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of the United States of America. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT YOU MUST NEITHER ACCESS NOR USE OUR SITE.

OVERVIEW

  1.  General. Our Site enables you to organically discover products and services that are relevant to your interests.  You may also learn about our specials and promotions, sign up for our newsletter and marketing emails, and communicate with us through our Site. You may use our Site as a guest; however, certain features of our Site requires you to create an Account (“defined below”).  When you authorize a transaction as a guest or through your Account you warrant that all information used in connection with the Site is accurate and true.
  2.  Registration. To register you must create a user account by providing a valid email address and creating a unique password (“Account”). You may also log-in and create an account with your Facebook account.  You are solely responsible for: (i) maintaining the confidentiality of your user name and password; (ii) ensuring all information used in connection with the Site is accurate and current; and (iii) any activity you conduct through your Account, whether by you or someone else.  You must immediately notify us of any unauthorized use of your Account. We reserve the right, in our sole discretion, to terminate or suspend your Account.

PURCHASES
You must provide us with your full legal name, an active telephone, a valid credit card and current address to make a transaction through our Site.  All payments are processed by PayPal (https://paypal.com) and Stripe (https://stripe.com) and are subject to additional provisions. We will send you a confirmation email confirming that your request has been processed and that payment was received.  In the event we ship item(s) to you we will send a confirmation email to you regarding the same.

RETURNS CANCELLATIONS AND EXCHANGES

All returns are subject to our return policy:

  • You may cancel your registration 21 days or more in advance for a full course refund minus $100 processing fee.
  • You may cancel your registration less than 21 days in advance for a 50% course fee refund.
  • No shows 100% of course fees.
  • You may reschedule to a course at a later date once at no charge.

PROMOTIONS
From time to time we may make sweepstakes, contests, or other promotions available through our Site (“Promotion”) that require you to register and accept additional provisions to participate. Please review the applicable rules, terms, and disclaimers that govern each Promotion and understand that participation is your unconditional agreement and acceptance thereto.

LICENSE AND USE RESTRICTIONS
Site. We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, license to access and use our Site as expressly permitted herein.  Except for this limited license we do not grant you any other rights or license. We reserve all rights not expressly granted herein.

Your Content.  You hereby grant to us and our owners, affiliates, representatives, licensees, licensors and assigns a non-exclusive, fully-paid, royalty-free, worldwide, universal, transferable license to use, distribute, store, transmit reproduce any information you submit in connection with the use of our Site (“Your Content”) to: (i) make the Site available to you; (ii) manage your Account; (iii) address questions and issues; and (iv) process purchases.  You hereby represent and warrant that you own all rights to Your Content or, alternatively, that you have the right to give us the license described above. You represent and warrant that Your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third-party.

Restrictions.
You are prohibited from violating or attempting to violate the security or integrity of our Site or otherwise violating or infringing our rights or the rights of others who use our Site and agree not to do the following:

use any “deep-link,” “robot,” or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy, or monitor any portion of a Site, or in any way reproduce or circumvent the navigational structure or presentation of a Site, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through a Site;
gain or attempt to gain unauthorized access to any portion or feature of our Site, or any other system or network connected to our Site or to any of our third-party business partners’ servers, systems or networks, by hacking, “password-mining” or using any other illegitimate method of accessing data;
probe, scan, or test the vulnerability of any Site or any network connected to our Site;
take any action that would cause an unreasonably or disproportionately large load on the infrastructure of any Site or our systems or networks, or any systems or networks connected to our Site or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack;
use any device, technology or method to interfere or attempt to interfere with the proper functioning of our Site;
not to make any false or misleading statements in connection with your use of our Site;
use our Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
restrict or inhibit any other user from using and enjoying our Site;  and/or
violate any applicable laws or regulations.

WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF OUR SITE AND/OR YOUR ACCOUNT (IN OUR SOLE DISCRETION) IF WE DETERMINE THAT YOUR USE OF THE SITE IS IMPROPER OR IN VIOLATION OF ANY PROVISION OF THE AGREEMENT.  

ACCESSIBILITY
We care about our community and strive to incorporate Web Content Accessibility Guidelines 2.0 (WCAG) and other measures to assist with making our Site user friendly and accessible to visitors with disabilities.  WCAG principals provide for website content to be perceivable, operable, understandable, and robust. Not all WCAG principals are operational and you understand that the application and use of WCAG recommendations will vary based upon the dynamic nature of the content on our Site.  

Please contact us by email at irvine@irvinenugent.com for assistance Site accessibility and with placing an order.    

LIMITATION OF LIABILITY
YOUR USE OF OUR SITE IS ENTIRELY AT YOUR SOLE RISK.  NEITHER WE NOR OUR OWNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND/OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE ANY SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

INDEMNIFICATION
You agree to defend and indemnify us and our affiliates, employees, officers, directors, shareholders and agents from and against any third party claim, including reasonable attorneys’ fees, court costs, settlements, and disbursements, from or relation to (i) Your Content; (ii) your use of any Site; (iii) your violation of any term of this Agreement; (iii) your violation of any third party rights; (iv) your violation of applicable law; and/or (v) use of any services provided by third party service providers.  You may not settle or compromise any claim without our prior written consent.

TERMINATION
You may terminate your participation at any time by discontinuing use of our Site.  If you have a dispute with us relating to the Site, immediately cease all use of our Site.  Ceasing use of the Site is your only remedy with respect to any dispute that you may have with us.  The following Sections shall survive termination of the Agreement or your use of our Site: 5(b); 6; 8; 9; 10; 11; and 16.

MODIFICATION
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME. When changes are made, we will make a new copy of the Agreement available on the Site. We will also update the "Last Revised" date at the top of the Agreement. If we make any material changes, and you have an Account, we may also send an email to you at the last email address you provided to us pursuant to this Agreement. Any changes to the Agreement will be effective immediately and your continued use of the Site constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF THIS AGREEMENT.

PRIVACY
We collect and use information about you and your use of the Site. Please review our Privacy Policy for more information.

MINORS
This Privacy Policy applies to your access and use of our Site and describes our practices and policies related to the collection, use and storage of information about Service users.  Our privacy practices are consistent with the Federal Children’s Online Privacy Protection Act (“COPPA”) and we will not knowingly request or collect personal information from any child under the age of majority. If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case he/she/they will take full responsibility for all obligations under this Agreement.  BY ESTABLISHING AN ACCOUNT, YOU REPRESENT THAT YOU ARE AN ADULT AND ARE EITHER ACCEPTING THIS AGREEMENT AND THE TERMS OF USE ON BEHALF OF YOURSELF OR ON BEHALF OF YOUR CHILD, IN WHICH CASE YOU AGREE TO BE PERSONALLY BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.

COMMUNICATIONS
By providing your email address to us or creating an Account you consent to receive emails from us and from our third-party providers and affiliates.  These parties may send you emails in order to deliver information about products and services and to help with fulfilling your order. You may unsubscribe from these emails at any time by clicking on the “unsubscribe” link included in an email or by contacting us via email at irvine@irvinenugent.com with the word “UNSUBSCRIBE” in the subject line.  

 

DISPUTE RESOLUTION
General. Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. The parties agree that this intend Section satisfies the “writing” requirement of the Federal Arbitration Act. If any controversy, allegation, or claim arising out of, related to, or connected in any way to your use of our Site, (collectively, “Dispute”), then you agree the Dispute shall be submitted to confidential arbitration in Washington DC, Maryland, and you agree that all disputes will be governed by the laws of the State of Maryland without regard choice of law principles. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Maryland. Arbitration under these Terms and Conditions shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court or tribunal with jurisdiction over the parties. As permitted by applicable law, you agree that any claim or cause of action you may have arising out of, related to or connected in any way with your use of Site must be filed by you within one (1) year after such claim or cause of action arose or be forever banned. Any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys’ fees be awarded or recoverable.

YOU ARE THUS GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.

ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, NO ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.

SEVERABILITY; HEADINGS
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force. Headings in this Agreement are for reference purposes only and will not be used in its construction and/or interpretation.

NON-WAIVER
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or applicable law will not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

ASSIGNMENT
We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
Infringement Notification: If you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, please provide our designated agent with the following information:
your contact information (i.e. name, email address, telephone number, and address);
a description of the copyrighted work of concern;
a link to the location(s) on the Site of the copyrighted work of concern;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a signed statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright owner (or authorized to act on behalf of the copyright owner).

The foregoing information (“DMCA Notice”) should be sent to our “Designated Agent” as follows: irvine@irvinenugent.com

Counter-Notice: If your work has been removed due to a DMCA Notice pursuant to the foregoing procedure, and you believe that your content is not infringing, then you may send a counter-notice (“DMCA Counter-Notice”) to our Designated Agent (contact information above) containing the following information:

Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;

Your contact information (i.e. name, email address, telephone number, and address), a statement that you consent to the jurisdiction of the federal court in Washington DC, Maryland, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and

Your physical or electronic signature.

If a DMCA Counter-Notice is received by our Designated Agent, then we may send a copy of the DMCA Counter-Notice to the original complaining party informing that person that we may replace the removed content or cease disabling it after a reasonable time period. Unless the alleged copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in a reasonable time period after receipt of the DMCA Counter-Notice, at our sole discretion.

CONTACT INFORMATION AND/OR QUESTIONS
If you have any questions or concerns, please contact us at:

Irvine Nugent & Associates
45 Sutton Square #1003 SW
Washington DC 20024 (USA)
Telephone: 202-684-5269
irvine@irvinenugent.com