Terms of Use
Effective Date: November 2024
Last Updated: November 2024
Welcome to https://niredonahue.com (hereinafter “Website”). Erin Donahue Creative, LLC (we,” “us,” or “our”) invites you to access this Website subject to the following Terms of Use, which may be updated from time to time without notice to you. It is your responsibility to review these terms and conditions periodically.
By accessing and using this Website, you agree to the following terms and conditions, Privacy Policy, and any additional terms and conditions that may apply to services and products available through this Website. You agree, by accessing and using this Website, that you are at least 18 years old or supervised by a parent or guardian, and legally able to enter into a contract.
Please read the following Terms of Use carefully. By browsing, accessing, or using this Website, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use and our Privacy Policy, hereby incorporated by reference. This is a legal agreement between you (“user”) and Erin Donahue Creative, LLC.
If you wish to purchase a service or product through our Website, you agree to these Terms of Use and our Terms and Conditions of Purchase for each product or service purchased. In the event of any conflict between these policies, the Terms and Conditions of Purchase shall control.
User Rights, Conduct, and Limitations
Your privacy is important to us. Please review our Privacy Policy for information about what data we collect, how we collect your data, why we collect your data, how long we retain your data, when we may share your data, and your rights regarding your personal data.
If you are under 18, you must obtain parental consent to use this Website. In our sole discretion, we reserve the right to refuse service, remove or edit content, and terminate accounts.
You hereby acknowledge and agree that these Terms of Use are supported by reasonable, adequate, and valuable consideration including, but not limited to, your access to the information and resources provided through this Website.
Users may access and use this Website for lawful purposes only. By accessing this Website, you agree not to post, transmit, email, or in any other way make available content that infringes on the trademark, copyright, propriety, or privacy rights of any entity or individual including personal data belonging to another person such as their email address, telephone number, credit care information, postal address, or other sensitive data.
You agree not to post, transmit, email, or in any other way make available content that is obscene, defamatory, pornographic, sexually explicit, promotes violence, contains hate speech, or invades the privacy of another.
You agree not to access this Website to carry out commercial activity or transmit spam.
You agree not to use any robot, scraper, or spider to access this Website.
You agree not to interfere with advertisements or safety features on this Website in any way including blocking or obscuring such advertisements or safety features.
You acknowledge and agree that Erin Donahue Creative, LLC, in its sole discretion, may remove any content it deems to violate these Terms or otherwise constitute a criminal offense, fraud, or potentially create civil liability.
In the event of third-party legal action against you arising from or relating to your use of this Website, you agree to hold harmless and indemnify Erin Donahue Creative, LLC from any related claims or actions.
Submissions
In your use of this Website, you may submit comments, suggestions, reviews, questions, and other information. However, any submissions that contain illegal, obscene, or threatening information will be removed, and you may be prohibited from future use of this Website. You also may not submit any type of spam including, but not limited to, mass mailings or chain letters, political campaign material, or commercial solicitations. You may not transmit any information which infringes on another party’s intellectual property, invades the privacy of another, or in any other way causes injury to another individual. You may not transmit data containing software viruses. Any violation of these terms may result in an immediate termination of your right to access this Website and may prohibit you from future use of this Website.
We reserve the right to edit and remove any content generated by or involving you on our Website. We assume no responsibility or liability for any content sent or posted by you or any other person.
Subject to the terms set forth in our Privacy Policy, no user submissions will be treated as confidential and your submission of data or information to us does not form a confidential or fiduciary relationship, nor does it create any expectation of confidentiality between you and Erin Donahue Creative, LLC.
Intellectual Property Rights and Limited License
Erin Donahue Creative, LLC reserves rights to all content, information, data, text, logos, design elements, headers, service marks, trademarks, photographs, images, videos, blog posts, program and product names, graphics, color schemes and artwork published, to the extent protectable, on this Website, as well as any and all information assessed through this Website which is proprietary.
Our Limited License to You
By accessing and viewing this Website, Erin Donahue Creative, LLC grants you a limited, non-transferrable, revocable license to view content on this Website. If you purchase any product or service through this Website, you may download purchased content subject to a limited, non-transferrable, revocable license for your own personal, non-commercial use to download, view, and copy the material. You are prohibited from reselling or distributing such purchased material.
No other use of our content is permitted without the express written consent of Erin Donahue Creative, LLC.
You may not use any Intellectual Property belonging to Erin Donahue Creative, LLC without express written consent. You may not copy, reproduce, repost, alter, manipulate, sell, or distribute any of the Intellectual Property of Erin Donahue Creative, LLC without our express written consent.
If you violate any portion of these terms, you must destroy any copies you made of our content immediately and your right to access and use this Website and content shall terminate automatically. We reserve the right to take any and all appropriate legal action against infringement upon our intellectual property rights. Furthermore, if your violation of these Terms involves or relates to materials you have purchased through this Website, we reserve the right to revoke your access to that material, without refund, and take any appropriate legal action.
Your License to Us
By publicly posting any original content on our Website, you agree to assign any intellectual property rights to that content to us in exchange for the good and valuable consideration of accessing and using our Website.
If you submit to us your original content through our Website, social media accounts, webinars, or any other public medium, you acknowledge, understand, and agree that you are granting us an irrevocable, unlimited, non-exclusive, perpetual, and royalty-free worldwide license to copy, edit, use, distribute, sell, or publicly display any content you post.
Digital Millennium Copyright Act
In compliance with the Digital Millennium Copyright Act, we will review all copyright infringement claims that we receive and remove any content posted or distributed in violation of U.S. copyright law.
To notify us of a claim of copyright infringement, please include all information and details required by the Digital Millennium Copyright Act and send notice of your claim to:
Erin Donahue Creative, LLC
Management@niredonahue.com
Technology Disclaimer
By accessing and using this Website, you acknowledge, understand, and agree that Erin Donahue Creative, LLC makes no representations, warranties, or guarantees regarding the function or condition of our Website including any features or links.
You further understand and agree that Erin Donahue Creative, LLC shall not be liable to you for any loss, damage, inconvenience, or interruption to your business caused by the existence of viruses, or lack of accessibility or availability of this Website.
Affiliate Disclaimer
Some of the links on this Website may be affiliate links controlled by third-parties or links to products and services for which Erin Donahue Creative, LLC earns an affiliate fee, referral fee, or commission. We shall use reasonable efforts to provide notice of any affiliate relationship to a link on this Website. By clicking on an affiliate link on this Website or related communications, you expressly accept liability for any and all consequences of visiting the third party Website or purchasing those goods or services.
Earnings Disclaimer
At Erin Donahue Creative, LLC we make no guarantees or financial claims of any kind regarding any potential income you may earn or generate by using our products or services, or implementing information provided through this Website or any of our resources.
Payments and Fees
You shall pay any and all applicable fees and taxes for purchases of services or products you make on our Website. You must provide accurate and up-to-date billing and credit card information. By making a purchase, you consent to Erin Donahue Creative, LLC authorizing your credit card, debit card, bank account, or any other payment form provided to process the full payment of fees and applicable taxes, through our third-party payment processor.
If your billing information changes or your account or credit card is lost, stolen, or compromised, you must promptly inform us. If your purchase requires ongoing automatic payments and the credit card information you provided us with expires, you hereby authorize Erin Donahue Creative, LLC to determine or obtain replacement expiration dates for your credit card in order to process your authorized payment.
Compliance with Applicable Laws
Our Website is based in the United States. If you access or use our Website, or view, download, or use content from our Website, you do so at your own risk. We make no claims as to whether our Website or content may be accessed, used, viewed, or downloaded outside of the United States.
Disclaimer of Warranties; Limitation of Liability
THIS WEBSITE AND ANY CONTENT CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE RESERVE THE RIGHT TO MAKE CHANGES, ADDITIONS, CORRECTIONS, AND IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE. WE MAKE NO REPRESENTATIONS OR GUARANTEES OF THE ACCURACY OF ANY INFORMATION ON THIS WEBSITE. WE ARE NOT RESPONSIBLE FOR ANY TECHNICAL, TYPOGRAPHICAL, OR PRICING ERRORS ON THIS WEBSITE, EXCEPT AS REQUIRED BY LAW. YOU USE THIS WEBSITE AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ERIN DONAHUE CREATIVE, LLC DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ERIN DONAHUE CREATIVE, LLC DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE FREE FROM ERROR, DESTRUCTIVE FEATURES, COMPUTER VIRUSES OR OTHER CONTAMINATION.
FURTHERMORE, ERIN DONAHUE CREATIVE, LLC DOES NOT MANY ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, CORRECTNESS, RELIABILITY, OR YOUR RESULTS FROM YOUR USE OF THE CONTENT, SOFTWARE, SERVICES, INFORMATION, OR FACILITIES OF THIS WEBSITE.
IN NO EVENT, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNTIVE, OR CONSEQUENCIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS DISRUPTION, THROUGH ANY ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE OR ANY CONTENT CONTAINED ON THIS WEBSITE. IN ANY AND ALL CIRCUMSTANCES, YOUR MAXIMUM REMEMDY AND THE MAXIMUM LIABILITY OF ERIN DONAHUE CREATIVE, LLC WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE FEES YOU HAVE PAID TO US IN CONNECTION WITH ANY SERVICES OR PRODUCTS PURCHASED DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEEDING THE EVENTS GIVING RISE TO YOUR CLAIM.
Indemnification
BY ACCESSING AND USING THIS WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ERIN DONAHUE CREATIVE, LLC FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, EXPENSES, LIABILITIES, CAUSES OF ACTION, AND/OR CLAIMS ARISING OUT OF OR RELATED TO YOUR BREACH OF THESE TERMS, YOUR VIOLATION OF THIRD PARTY RIGHTS, OR YOUR MISUSE OF THIS WEBSITE OR OUR CONTENT.
Termination
Any violation of these Terms of Use may lead to termination of user’s access to this Website and/or appropriate legal action. In our sole discretion, we may, for any reason, limit, restrict, suspend, or terminate your access to this Website without prior notice or liability.
Jurisdiction
The terms of this Agreement will be governed by the laws of the New York. The state and federal courts located in New York will have exclusive jurisdiction over any case or controversy arising from or relating to this agreement, use of this Site, or any products or services provided by Erin Donahue Creative, LLC or disputes arising out of or relating to your use of this Website. You hereby unconditionally and irrevocably consent to the personal and subject matter jurisdiction of the federal and state courts of the State of New York for purposes of any claim or action arising out of or relating to these Terms.
By accessing or using this Website, you consent irrevocably to personal jurisdiction in such courts in relation to any matter in connection with your use of this Website or use of services provided by or products purchased from Erin Donahue Creative, LLC and waive any defense of forum non conveniens. Through your access and use of this Site, you are deemed to have knowingly and voluntarily waived any right to a trial by jury in any case or controversy related to this Agreement, use of this Website, or any services provided by or products purchased from Erin Donahue Creative, LLC.
Dispute Resolution
If a dispute arises from or relating to this Agreement, our Content, or Website, and the Parties are unable to settle the dispute through direct communication, the Parties agree to first try to settle the dispute by mediation with the help of a mutually agreed upon mediator in New York. The Parties shall share any costs and fees related to the mediation equally, other than attorney fees. If mediation does not resolve a controversy or claim arising out of or related to this Agreement, the Parties further agree that any unresolved controversy or claim arising out of or related to this Agreement will be settled by arbitration administered by the American Arbitration Association and the judgment on the arbitration award may be entered in any court having jurisdiction over the matter.
Miscellaneous
Any failure by us to act on or enforce any provision contained within these Terms shall not constitute or be construed as a waiver of the provision or any other provision contained within these Terms. To be effective, a waiver of any provision contained within these Terms must be made by us in a signed, written agreement and no such waiver shall constitute a waiver of any other provision within these Terms besides the provision expressly waived in that signed writing.
The section headings contained within these Terms shall not be given any legal meaning or significance and are provided simply for convenience.
Severance
If any provision of this Agreement is found unenforceable, illegal or invalid, it shall not affect any other provisions of this Agreement.
Complete Understanding
This Agreement supersedes any prior agreement, communication, or representations between you and Erin Donahue Creative, LLC and constitute a complete and final agreement regarding your use of this Website.
Privacy Policy
Effective Date: November 2024
Last Updated: November 2024
The website https://niredonahue.com (our “Website”) is owned by Erin Donahue Creative, LLC At Erin Donahue Creative, LLC”, “we,” “us,” or “our”), we care about your privacy and how we collect, use, or share the information you provide to us. We are committed to protecting your privacy and personal information through our compliance to this Privacy Policy.
By visiting our Website, you agree that any information that you contribute or provide to us is subject to this Privacy Policy. As a visitor or user of this Website, you agree to all terms contained in this Privacy Policy and the accompanying Terms of Use.
This policy details your right to choose some of the ways we collect, use, and disclose your data. Through your use of our Website, you may be asked to indicate your choice to opt out of receiving “cookies” or unsubscribe to our mailing list.
This policy applies to any information collected on this Website and information you provide to us offline, including, but not limited to, information you provide via phone and email.
If you have any questions about this Privacy Policy, please contact us at Management@niredonahue.com
Children’s Online Privacy Protection Act (COPPA)
You must be 18 years old or older and have the requisite mental capacity to agree to this Privacy Policy to gain access to our Website. In compliance with COPPA (Children’s Online Privacy Protection Act.), this Website is not for use by those under the age of 13 or those under the age of 18 without parental consent. We do not knowingly collect personal information from children under the age of 13, nor do we specifically market to children under the age of 13.
The Children’s Online Privacy Protection Act (COPPA), enforced by the Federal Trade Commission, sets forth requirements of websites and online services to protect children’s safety and privacy. If you are under the age of 13, do not send us any personal information. We encourage parents to continually monitor their children’s internet usage. If we learn that we have unknowingly collected or received personal information from a minor under the age of 13, we will delete this information, and/or attempt to obtain parental consent. If you have any reason to believe we may have unknowingly collected data from a minor under the age of 13, please let us know by contacting us at Management@niredonahue.com.
What Data We Collect
When you visit our Website, join our email list, contact us through our Website, interact with us on social media, and make purchases on our Website, we collect different types of information from you.
This may include the collection of personal data by which you may be identified personally like your name, email address, telephone number, postal address, demographic information (age, gender, education level etc.), and any other identifying information.
Data collected may also include financial data that is transmitted when you order, purchase, exchange, or return a product or service from our Website or any mobile apps. This data may include credit card or bank details related to your payment method, which is transferred to our third-party payment processors. You should review the privacy policies of these third-party payment processors.
We may also collect derivative data when you visit and use our Website including your IP address, the date and time of your visit, your country of origin, and the type of browser you used. Furthermore, if you access our Website via a mobile device or app, we may collect information from your device such as location information, model and manufacturer, and device ID.
Through social networking websites and apps, like Facebook, Twitter, Instagram, and other social networking sites, we may access publicly available information such as your name, account username, profile photo, email address, age, location, gender, and any other publicly displayed information. You may limit this access by changing your privacy settings on each social networking site.
If you provide us with additional information to participate in a survey or giveaway, that information will also be subject to the terms of this policy.
How and Why We Collect Data
Through your consent, we collect information that you provide to us manually. For example, if you join our email list through opting in for a free resource or otherwise subscribing, based on your consent to receive direct marketing materials, all emails you receive from us will state the sender of the email clearly and give you instructions on how to unsubscribe from our email list or contact us with any questions or concerns to ensure compliance with the CAN-SPAM Act. Our legal basis for collecting this information is your consent.
We may also collect or send standard “cookies” to identify your browser or device information from time to time and collect information through Automatic Data Collection Technology. We may use session cookies that expire when you close your browser and persistent cookies that remain on your computer until you delete them. You can accept or decline cookies in your web browser settings. No personal identifiable information will be included in cookies and, other than the methods described above, we will not use any other mechanisms to capture data on our website. Our legal basis for collecting this information is our legitimate interests in monitoring and improving our website, business operations, marketing efforts, and proper protection of our business against risks.
To obtain statistical data and provide you with relevant information, we may also collect data on the way you use our website including your browsing activity, browsing patterns, IP address, device information, internet connection, and other actions via Google Analytics and Facebook Pixels. We may also receive personal data from other third-parties like Google, PayPal, and other third-party payment processing companies. We use these technologies in compliance with all policies of the third-party providers. Our legal basis for collecting this information is our legitimate interests in monitoring and improving our website, business operations, marketing efforts, and proper protection of our business against risks.
The personal data we collect is used to create and administer your account, generate a personalized profile for you, compile statistics on site use, analyze trends, correspond with you, interact on social media with you, deliver targeted advertising, process payment, refunds, deliver any goods or services you purchased, communicate new products and services we think you might be interested in, updated you on products and services, request feedback from you, resolve and troubleshoot disputes and problems, prevent fraudulent use of our website, and assist law enforcement when necessary. Our legal basis for collecting this information is our legitimate interests in monitoring and improving our website, business operations, marketing efforts, and proper protection of our business against risks.
How Long Your Data Will Be Stored
We use reasonable measures to ensure that your information remains confidential. Personal information is stored through a data management system. For as long as you choose to remain on our email list, we will retain a minimum amount of personal information including your name, email address, and your behavior on our Website. Any additional personal information will be retained as long as necessary to fulfill legal obligations, resolve disputes, or as reasonably determined.
Information Protection and Security
We use commercially reasonable methods to safeguard the personal data you provide to us and the personal data we collect automatically. We use reasonable online security measures and reputable third-party vendors that are compliant with generally accepted security and safety measures including a Secure Sockets Layer (SSL) on our website to help secure information. Please note that we cannot guarantee that all information transferred will be secure and, if we become aware of a data breach, we will notify the necessary parties in a timely manner of all the information we have.
By using our website, you agree that, should your information be intercepted in this way without our knowledge, consent, or permission, you will hold harmless Erin Donahue Creative, LLC. including a release of any and all claims related to use of such information by such an unauthorized party.
Due to the nature of our business and information collection activities, we have determined that we do not process sensitive data on a large scale, nor do our core activities involve processing operations that require regular or systematic monitoring of data subjects. For these reasons, we have concluded it is not necessary to appoint a Data Protection Officer.
Providing Your Personal Data to Others
For very limited purposes, like legal assistance, accounting, or technical support, we may we share your confidential information with necessary third parties and any parties who access your information will keep your information confidential. To the best of our ability, we will not share your personal data with any unnecessary parties. If, in good faith, we determine that disclosure of your information is necessary to protect the rights of our business or comply with the law, prevent or mitigate a crime, or protect the rights or safety of our other website users, we may do so. We may also disclose necessary information in the event of a sale of Erin Donahue Creative, LLC.
Third-Party Sharing
We are not responsible for the policies or information handling of third-party websites or third-party apps.
Your Rights
Pursuant to this policy and applicable laws, you have certain rights when it comes to controlling and protecting your private data:
You have a right to request that your information be deleted and no longer retained. Upon your request, we will remove your information from our database.
You have a right to “unsubscribe” by hitting the “unsubscribe” button at the bottom of any email we send you at any time.
You may also contact us to request access to information that Erin Donahue Creative, LLC retains about you be updated, edited, or deleted from our database at any time.
You have the right to contact us about information on how your data is collected, stored, or used, and request a copy of the data we have.
You may also contact us to restrict how we process your data in certain circumstances.
You have the right to be forgotten, which means you can withdraw your consent to give us your personal information by clicking the “unsubscribe” button at the end of any email you receive from us.
You may contact us at:
Erin Donahue Creative, LLC
Management@niredonahue.com
CAN SPAM Act
In compliance with CANSPAM, we agree to allow users to unsubscribe using a link provided at the bottom of every email, honor opt-out requests, monitor compliance of third-party email services, not use false or misleading email addresses or email subjects, identify advertisements in a reasonable manner, and provide the physical address of our business.
California Online Privacy Protection Act (CalOPPA)
Pursuant to CalOPPA, we agree that users can visit our site anonymously and we will add a link to this privacy policy on our home page or the first significant page after entering our website. Any changes to this Privacy Policy will be published on our privacy policy page.
If you are a California resident, once a year and free of charge, you have the right to obtain from us: information about what data we disclose to third-party marketers, and the names and addresses of each third-party we disclose your personal data to.
If you are a California resident under the age of 18, you have the right to request that we remove any data that you publicly post on our Website. Note that we may not be able to completely remove that data from our systems.
You may use the contact information listed above to make such requests.
GDPR Compliance and Privacy Shield Notice
To comply with the European Union’s General Data Protection Regulation (“GDPR”), we confirm that we have lawful grounds for processing the information we collect from you and a legitimate interest to respond to user inquiries. At any time, you may request that your information be deleted or edited. No sensitive personal data is collected. To the best of our ability, we have researched and concluded that all third-party data processors we use have advised us they are compliant with the General Data Protection Regulations as well.
Our Website is hosted by servers located in the United States. Appropriate safeguards, namely the EU-US Privacy Shield, protect the transfer of data internationally from individuals residing in the European Union to our servers in the United States. If you reside in the EU, we collect and transfer your personal data to the U.S. only with your consent, to perform a contract with you, or to fulfill a compelling legitimate interest of Erin Donahue Creative, LLC. Whenever appropriate and feasible, we enter into model clauses and data processing agreements with vendors to protect your privacy.
Legal Basis for Storage of Data Collected under GDPR
Art. 6(1) lit. (a) of the GDPR serves as the legal basis for processing data for which we have obtained your consent to process.
Art. 6(1) lit. (b) of the GDPR serves as the legal basis for processing your personal data when it is necessary to fulfill a contract or a contract-like relationship with you.
Art. 6(1) lit. (c) of the GDPR serves as the legal basis for processing your personal data to fulfill a legal obligation.
Art. 6(1) lit. (f) of the GDPR serves as the legal basis for processing your personal data when it is necessary to safeguard our or a third-party’s legitimate business interests, or your fundamental rights, freedoms, or interests that do not require the protection of your personal data.
Third Party Links Are Not Covered by This Policy
If we provide links to third-party websites, please note that any information collected on those websites is not covered by this Privacy Policy. If you click on a link and access another website, this Privacy Policy does not attach. By using our Website, you acknowledge and agree that we are not responsible for the policies or practices of any third-parties. You should review of the privacy policies of each individual website you visit.
Jurisdiction and Applicable Law
The servers and parties that make this Website available are located within the United States. Any matters relating to the Website will be governed by the laws of the United States and the State of New York, as well as the General Data Protection Regulation (GDPR), as it applies to residents of the European Union.
Updates and Changes to Privacy Policy
The terms of this Privacy Policy may change from time to time. Please refer back to this policy regularly. By accessing and using this Website, you agree to any such changes we make to this Privacy Policy.
Contact Information
Please read and review this Privacy Policy carefully. If you have any questions about this policy, your rights herein, or would like to review, update, or delete your information from our database, please contact us at: Management@niredonahue.com
hello@niredonahue.com