Terms & Conditions

for BraveHeart Media Ltd. website and events

The website of BraveHeart Media Ltd. d.b.a. Philip McKernan (“Philip McKernan”) is best viewed using the most updated versions of the most commercially available browsers.

Use of this website and the information and materials distributed in conjunction with any programs offered by Philip McKernan is made available to you only through your acceptance of these Terms of Use, our Privacy Policy, and such other notices that may be posted on this website from time to time (collectively referred to herein as the “Terms of Use”). Your use of this website or of any content presented herein indicates your acknowledgment of and agreement to our Terms of Use. If you are not willing to be bound by and comply with all of the foregoing, you may not access or use this website or any of its content.

Philip McKernan shall have the right, at its sole discretion, to modify, add or remove any term or condition contained herein without notice or liability to you or any other person. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on this website. The most recent version of these Terms of Use may always be found at www.braveclan.com/terms-and-conditions/. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms of Use were last modified on March 31, 2023.

Disclaimer

This website is for informational purposes only and is not intended to provide specific commercial, financial, tax, or legal advice. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever. Unless otherwise indicated on this website, you may display, download, archive, and print a single copy of any information on this website, or otherwise distributed from Philip McKernan for such personal, non-commercial use.

The performance of this website and all information contained on, downloaded, or accessed from this website are provided to you on an “as is” basis, without warranties of any kind whatsoever, including any express or implied warranties or warranties of merchantability, fitness for a particular purpose, accuracy or non-infringement of the rights of third parties. Philip McKernan shall be not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person’s computer as a result of using this website.

Philip McKernan reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, all or any part of this website or any information contained thereon without liability or notice to you.

As a visitor to our website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall Philip McKernan be liable for any direct, indirect, consequential, or exemplary damages arising from the use or the performance of this website, even if Philip McKernan has been advised of the possibility of such damages.

Privacy Policy and CAN-SPAM Matters

You have read and agree to all of the terms and conditions of our Privacy Policy, which is located at: www.braveclan.com/privacy-policy.

You acknowledge and agree that, by providing us with your name and email address on the entry page of this website, you have subscribed to an e-mail newsletter. This e-mail newsletter is offered as a free service by Philip McKernan, without cost or obligation. Should you wish to unsubscribe at any time from this free newsletter, you may do so by clicking on the unsubscribe link found at the bottom of the newsletter, or by notifying us via e-mail at: hello (at) philipmckernan.com. On occasion, subscribers have had trouble removing themselves from this free newsletter. If you encounter any similar difficulties, please contact us at hello (at) philipmckernan.com for personal attention.

By entering this website, you agree that you have opted-in to receive our newsletter by providing your first name and email address on our website, and agree that you will make no threats or take any action against Philip McKernan in the event you are unhappy with the content contained in our newsletter or that you subscribed or are not able to remove yourself from the mailing list, and you agree that the small inconvenience of receiving this newsletter will cause you no personal, emotional, or financial harm whatsoever.

Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure and is subject to possible loss, interception, or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal or credit card information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

User Conduct and Obligations

You agree to follow all applicable laws and regulations when using this website. Furthermore, you agree that you shall not:

1. upload, post, or otherwise transmit through or to this website any content that:
   • is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory, or otherwise objectionable;
   • might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
   • contains any viruses, Trojan horses, time bombs, or any other harmful programs or elements;
2. disrupt, place unreasonable burdens or excessive loads on, interfere with, or attempt to gain unauthorized access to any portion of our website, its computer systems, servers, or networks;
3. provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message, or other communication;
4. transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
5. attempt to collect information about visitors to our website or otherwise attempt to extract data or data fields, including without limitation any credit card information or e-mail addresses;
6. sell access to or the use of this website, including any content contained on, downloaded, or accessed from this website, except as specifically permitted in writing by Philip McKernan; and
7. redistribute, without our specific written consent, any content found on this website in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method

By uploading, posting, or otherwise transmitting through or to our website any content (including but not limited to testimonials or endorsements), you grant to us, our affiliates, and successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy. This includes, but is not necessarily limited to, the right to reproduce, edit or create derivative works from such content.

Indemnification by User

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Third Party Websites, Content and Products and Services

You acknowledge and agree that your business dealings with any third parties, including any merchants or advertisers, found on, or accessed through our website and any of their services, including payment for and delivery of any goods and services, are solely as between you and such third parties. If Philip McKernan provides access to third party providers of goods and/or services, you acknowledge and agree that we may receive referral fees and/or other compensation from such third parties. You acknowledge that we assume no responsibility whatsoever for any charges, losses, or liabilities you may incur when making purchases or completing transactions with such third parties, and we shall not be responsible or liable in any way for any loss or damage of any kind which you may incur as a result of, or in connection with, any dealings or transactions with such third parties. Furthermore, Philip McKernan assumes no responsibility for any content which you may find on sites that link either to or from us, including (without limitation) the accuracy of the information found on these sites, the compliance (or lack thereof) with any legal requirements applicable to these sites and for any viruses or other harmful programs that may be contained on these sites, nor is Philip McKernan responsible should any site contain content or links to other sites that you may find offensive.

By accessing third-party services through our website, you hereby authorize such third-party service provides to provide Philip McKernan with personal information regarding your use of and your activities with respect to the purchase and use of third party services and/or goods.

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites, (ii) the content, privacy policies or other terms of use on such websites or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

In some cases, Philip McKernan acts as an affiliate or joint venture partner with third parties, and may be paid compensation for promoting or introducing certain products or services through this website or through email communication.

Proprietary and Intellectual Property Rights

“Philip McKernan” and “Braveheart Media Ltd” as well as the stylized versions of these terms and the logo(s) associated with them, and the other identifying trade and/or service marks of Braveheart Media Ltd. and its affiliates are and shall remain the exclusive property of Braveheart Media Ltd., and any unauthorized use of these marks is unlawful. Other trademarks that may be displayed on this website are the property of their respective owners. All content on this website is the copyrighted property of Braveheart Media Ltd. and is protected by international copyright law.

Our policy is to comply with all applicable intellectual property laws with respect to any content that we may post on this website. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice (which may be submitted electronically) containing all of the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
4. The address, telephone number or e-mail address of the complaining party.
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

All notices of copyright infringement should be sent to:

Braveheart Media Ltd.
E-mail: hello (at) philipmckernan.com

Please note that we are only able to correspond in English.

Refund & Cancellation Policy

Digital or Physical Products: If you are not 100% satisfied with your purchase, we will be happy to accept a return for up to 7 days from the purchase date for a full refund, subject to any specific or limiting terms or conditions on the sales letter from which your purchase originated. Products must be in the condition you received them and include the original packing slip. We highly recommend you return the product using a tracking number. All transactions are conducted in United States Dollars (USD) and no adjustment for changes in foreign exchange rates will be made.

Retreats, Coaching & Live Events: All payments are non-refundable. If you need to cancel your registration and you have outstanding payments remaining you acknowledge and agree to complete the final payments in accordance with the payment plan indicated. If for some reason you cannot attend the program and need to cancel your spot please contact our office at hello@philipmckernan.com to notify us.

Membership programs: All payments are non-refundable. Membership is paid one month in advance (eg. pay this month for next). A minimum 1 month’s notice is required in the event you wish to cancel your membership (eg. if you cancel September 1st or Sept 15th, you pay the September fee and your membership finishes October 31). To cancel membership please email hello@philipmckernan.com to notify us.

Transfer Your Registration – Braveheart Media Ltd. will consider a transfer of your current registration to the next event/experience. Eligibility for transfer will be dependent on availability and other factors. If the transfer request is accepted then a transfer fee of 10% USD will apply. Transfers are available only when the tuition is paid in full. Transfers are not accepted once the program has commenced.

Program Changes – BraveHeart Media, Ltd. reserves the right to reschedule workshops and/or substitute coaches. BraveHeart Media, Ltd. reserves the right to terminate this contract. Should the contract be terminated, refunds will only be given for the remaining portion of the program that was not completed.

Event Attendance Waiver

By attending an event you agree that you are aware of and accept the following statements:

The information provided in any and all events/coaching sessions is for educational purposes only.

The materials and all information presented in this event, and/or any associated event/coaching session, are designed to provide information on the subject matter covered and are distributed with the express understanding that the author is not engaged in rendering legal, accounting, investment or ANY other professional advice. Before making any decisions or taking any action with respect to this or any other information, you should seek the advice of appropriate professionals.

You agree that the event/coaching session you attend, and the materials received, are for information purposes only and that if you take any action as a result of the information contained or learned, that you will first obtain professional or any other appropriate assistance and guidance you require.

You expressly release Braveheart Media Ltd., Philip McKernan, Pauline McKernan, and any agent, employee, representative, partner, director, officer, or affiliate from all liability for any loss or damage, including without limitation to, any loss of profit which may arise directly or indirectly from use of or reliance on such information.

By attending the event/coaching session, you are agreeing to the following:

I have read this document, and understand and agree to the information herein.
If I choose to take action based on any information presented to me, I will seek the advice and direction of the appropriate professional(s) prior to taking any action.
I agree that I will not hold responsible any entity, person, agent or representative associated with this event/coaching session in any way for any actions that I choose to take as a result of any information obtained from this event.
I hereby release Braveheart Media Ltd. and/or any entity, person, agent or representative associated with this event/coaching session, from any financial losses, property damage or bodily injury that may occur directly or indirectly with this event/coaching session.
I hereby grant full permission to Braveheart Media Ltd. and/or its assigns or agents to prepare, use, reproduce, publish, distribute, and exhibit my name, picture, portrait, likeness, or voice, or any or all of them in or in connection with the production of a motion picture film, television tape or film recording, soundtrack recording, computer or network distributed computer file, or still photography in any manner for educations, treatment, scientific, publication, informational and any other professions purpose deemed necessary, and
I hereby waive all rights of privacy or compensation which I may have in connection with the use of my name, picture, portrait, likeness, or voice, or any or all of them, in or in connection with said motion picture film, television tape or film recording, soundtrack recording, computer or network distributed computer file, or still photography and any use to which the same or any material therein may be put, applied or adapted by Braveheart Media Ltd. and any of its agencies, departments or divisions. This consent and waiver will not be made on the basis of a future claim of any kind against Braveheart Media Ltd. and/or any of its agencies.
I hereby agree that I will not record the audio and/or visual content of this event/coaching session for my own personal use or with the intent to distribute. I acknowledge that the content and recordings of this event/coaching session are the property of Braveheart Media Ltd.

Affiliate and Joint Venture Promotions and Sales

Occasionally, we may promote or introduce products or services being offered by third parties, in addition to our own products and/or services. When third-party products or services are mentioned, promoted, or linked on this site or through emails we send, we may be compensated if you purchase any such product or service. In all emails we send, we disclose clearly that any products or services mentioned may be subject to an affiliate relationship, and that we may receive compensation if you purchase such a product or service.

Further, when we offer an additional bonus or incentive of some kind for anyone who purchases the affiliate product or service, such bonus or incentive offer is subject to change without notice. We reserve the right to delay delivery or fulfillment of any bonuses or incentives offered until after the refund or cancellation period applicable for the product or service purchase, and may be further delayed until such time that Philip McKernan has been paid the compensation from the affiliate or joint venture partner.

While we make reasonable efforts to ensure that any products, services, companies or other offerings we introduce or promote are sound, fairly represented and in the interest of our subscribers, we assume no responsibility for the quality, effectiveness or any element of offerings made. You should do your own independent research on any offering made before purchasing anything.

General

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court with jurisdiction over the parties, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

These Terms of Use shall be governed by and construed in accordance with the laws of Ireland. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in, Ireland.

Contact

If you have any questions or concerns about our website or these Terms of Use, please feel free to contact us at hello (at) philipmckernan.com.