Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.michellekrasny.com website and the Career Camp mobile application (the “Service”) operated by Bentami, LLC DBA Michelle Krasny Coaching (“Michelle Krasny Coaching “, “us”, “we”, or “our”).
Your access to and use of the 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 the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
IMPORTANT: WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE YOUR DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS OR THE DISPUTE IS EXCLUDED FROM ARBITRATION, AS FURTHER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW FOR DETAILS ON ARBITRATION AND OPTING-OUT.
NOT MEDICAL, MENTAL HEALTH, OR RELIGIOUS ADVICE.
Bentami, LLC (referred to as Michelle Krasny Coaching from now on) provides the www.michellekrasny.com website to promote broad consumer understanding and knowledge of various health topics, including self-compassion and professional practices. All the information on this website is published in good faith and for general information and educational purpose only. The information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare providers with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen. Never disregard professional medical advice or delay in seeking it because of something you have read on this site.
Michelle Krasny Coaching does not provide medical advice, mental health advice or religious advice. Michelle Krasny Coaching does not hold itself out to be or provide the advice of a doctor/physician, nurse, physician’s assistant, advanced practice nurse, or any other medical professional (“Medical Provider”), psychiatrist, psychologist, therapist, counselor, or social worker (“Mental Health Provider”), registered dietician or licensed nutritionist, or member of the clergy. Michelle Krasny Coaching will not attempt to diagnose, treat, prevent or cure any physical, mental or emotional issue, disease or condition. The information provided in or through the site is not intended to be a substitute for the professional medical advice, diagnosis or treatment provided by your own Medical Provider or Mental Health Provider. You agree and acknowledge that Michelle Krasny Coaching is not providing medical advice, mental health advice, or religious advice. You should consult your Medical Provider and/or Mental Health Provider regarding any questions or concerns you have about medical or mental health from the site. Do not disregard medical advice or delay seeking medical advice because of information you have read on this Website. Do not start or stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly. The information contained on this Website has not been evaluated by the Food and Drug Administration.
When you make a purchase through our Services, you authorize us or our third party payment processor to charge your payment method for any such purchases (plus any applicable taxes and other charges) that may be accrued by or in connection with your purchase. You are responsible for the timely payment of all fees and for providing a valid method of payment. All prices, fees and any applicable taxes and other charges are payable in U.S. dollars. When you initiate a purchase transaction via the Services, you will be asked to provide customary billing information such as your name, billing address, and credit card information. You may also need to provide additional information to verify your identity before completing your transaction. If you are completing the purchase using a third party payment processor, that processor’s terms and conditions apply to your payment transaction.
Michelle Krasny Coaching Intellectual Property
(a) Our Content
All of the content that appears on the Site, including all visuals, text, audio and video clips are subject to copyright protections and/or other intellectual property rights or licenses held by Michelle Krasny Coaching (“Content”). We either own or have a license to all such Content. Subject to your compliance with these Terms, Michelle Krasny Coaching grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. Michelle Krasny Coaching gives you permission to download and temporarily store one or more of the pages on our website for viewing on a personal computer or mobile device for non-commercial use; however, your use of the Site does not grant you any intellectual property rights thereof. You may link to our Content or repost our Content only with attribution and link to the Michelle Krasny Coaching Site. The Content, including the Michelle Krasny Coaching brand features and service marks, are protected by copyright under international conventions and other worldwide intellectual property laws. Apart from the permission stated, the reproduction, permanent storage, or retransmission of the contents of this site is prohibited without the prior written consent of Michelle Krasny Coaching.
If you purchase any resources in our online store, you are purchasing a limited, non-exclusive, non-transferable, non-sublicensable license to view and make one copy of the purchased materials for your own non-commercial use. You understand and acknowledge that the Services have been developed by us and have involved a significant investment of time and expense and that the Services are original content that have value and that need to be protected from improper and unauthorized use.
“User Content” means any text, graphics, images, works of authorship of any kind or other materials that are posted, generated, provided, or otherwise made available by you through the Services or that you share with other users or recipients. User Content includes without limitation Feedback (defined below) and Tagged Media (defined below).
By submitting, posting, or displaying any content on the Site you automatically grant Michelle Krasny Coaching a worldwide, non-exclusive, royalty-free, irrevocable license to use, copy, sublicense, modify, adapt, transmit, distribute, publicly perform or display such materials on the Site and in all other forms of media. All rights in this paragraph are granted without compensation of any sort to you.
You represent to Michelle Krasny Coaching that you own all materials you provide and/or have the unencumbered legal rights to grant the above-referenced license with respect to all materials you provide. You further represent and warrant that such materials do not infringe any third party copyrights or other third party intellectual property rights.You understand that Michelle Krasny Coaching is not obligated to utilize any of the rights granted in these Terms and we do not guarantee any confidentiality with respect to any User Content you submit or upload.
Michelle Krasny Coaching may remove any content or suspend any user from its website in its sole discretion, including but not limited to a user’s interference with others’ use of the site, or obscene or inappropriate comments. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Michelle Krasny Coaching Tagged Media
The Site includes the Bentami, LLC, page located at www.michellekrasny.com, which extracts content from our users and customers who share photos and videos on Instagram using Michelle Krasny Coaching’s brand hashtags, including #CareerCamp or tagging the Michelle Krasny Coaching Instagram account @michellekrasny (all such hashtagged or @- labeled photos and videos, “Tagged Media”). You acknowledge and agree that the Tagged Media may be used in Michelle Krasny Coaching’s social media, public presentations, email, on our Site or other websites that we operate or control, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Tagged Media for identification, publicity related to the Services and similar promotional purposes, including after you terminate your Account or your use of the Services. You represent and warrant that posting and use of your Tagged Media, including to the extent such Tagged Media include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark or other intellectual property rights.
Michelle Krasny Coaching respects copyright law and expects its users to do the same. It is Michelle Krasny Coaching’s policy to terminate in Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please contact us for a copy of our copyright policy.
Use of the Services
We really want everyone to have a great experience using the Services. That’s why you agree that you won’t do any of the following things, otherwise we might have to suspend or terminate your Account:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Services, or any individual element within the Services, Michelle Krasny Coaching’s name, any Michelle Krasny Coaching’s trademark, logo or other proprietary information (including through the use of meta tags or the like), or the layout and design of any page or form contained on a page, without our express written consent, except as is clearly permitted by the functionality of the services;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Michelle Krasny Coaching or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Attempt to interfere in any way with the Services or Michelle Krasny Coaching’s networks or network security, or attempt to use the Services to gain unauthorized access to any other computer system;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other third party or individual to do anything listed above.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
DISCLAIMER AND LIMITATION OF LIABILITY
USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY GUARANTEES OR WARRANTY. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Michelle Krasny Coaching does not warrant that the sites or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of the sites or servers that make services available, are free of viruses or other harmful components. You assume the entire cost of all necessary maintenance, repair, or correction. NEITHER MICHELLE KRASNY COACHING NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MICHELLE KRASNY COACHING HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Michelle Krasny Coaching does not warrant or make any representations regarding the use or the results of the use of the Site or materials on the Site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Michelle Krasny Coaching assumes no liability for the content of the sites, does not represent or warrant that use of the Content will not infringe rights of third parties and has no responsibility or liability of actions of third parties or for content provided by others.
IN NO EVENT SHALL MICHELLE KRASNY COACHING, ITS AFFILIATES EMPLOYEES, AGENTS, OR CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY AMOUNT OF DIRECT DAMAGES IN EXCESS OF $100. (SINCE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF MICHELLE KRASNY COACHING IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MICHELLE KRASNY COACHING AND YOU.
BY USING THE SERVICES YOU ACKNOWLEDGE AND UNDERSTAND THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE. YOU UNDERSTAND THAT YOU WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THESE TERMS UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL OR CIVIL RIGHTS OR ANOTHER EXCEPTION AS PROVIDED FOR BELOW. INSTEAD, YOU AGREE TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATOR.
Our goal is to provide you with great service, so we’ll try our best to resolve any disagreements that you have with us. If we can’t, then you and we both agree to resolve disputes related to your use of the Services or these Terms (each, a “Claim”) in binding arbitration instead of court, except that: (a) a Claim may be brought in small claims court if it qualifies for it, (b) either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights and (c) constitutional or civil rights questions as provided for by law.
What is arbitration? Arbitration does not involve a judge or jury. Instead, a neutral person (the “arbitrator”) hears each party’s side of the dispute and makes a decision that is finally binding on both parties. The arbitrator can award the same relief as a court could award, including monetary damages. While court review of an arbitration award is limited, if a party fails to comply with the arbitrator’s decision, then the other party can have the arbitration decision enforced by a court. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
- Can a Claim be part of a class action or similar proceeding? No. You agree to resolve your Claims with us solely on an individual basis, and not as part of a class, representative or consolidated action. We agree to do the same.
- What rules apply in the arbitration? The arbitration will be conducted under the American Arbitration Association (“AAA”) Consumer Arbitration Rules (the “AAA Rules”) applying Vermont law as appropriate. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
- How will the arbitration be conducted? The arbitration will be conducted by the AAA or a comparable arbitration body in the event the AAA is unable to conduct the arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
- How do I start an arbitration proceeding? To begin an arbitration proceeding against us, send a letter requesting arbitration and describing your Claim to email@example.com. If we request arbitration against you, we will give you notice at the email address or street address you provided.
- INSTRUCTIONS FOR OPTING-OUT OF ARBITRATION: If you don’t want to agree to arbitrate your Claims as explained above, then you can opt-out of this arbitration agreement by notifying us of your decision in writing at firstname.lastname@example.org. You must opt-out within 30 days of the date you first agree to these Terms or any updated Terms.
Customer Satisfaction & Return Policy
At Michelle Krasny Coaching we are committed to providing our customers with great quality products and resources. Our products are sold online for download. We have done our best to display our items as accurately as possible via our Services. If you are not satisfied with your purchase, please contact us via phone or email and we will do our best to address your concerns. Returns are accepted on a case-by-case basis.
Links To Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Michelle Krasny Coaching.
Michelle Krasny Coaching has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Michelle Krasny Coaching 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 web sites or services.
We welcome feedback, comments, reviews of the products you purchase through us, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com or by reviewing a particular product. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Correction of Site Errors
The information on the Site may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconvenience.
Third Party Links
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
You agree to indemnify, defend, and hold harmless Michelle Krasny Coaching and its partners, affiliates, suppliers, licensors, employees, representatives, contractors, agents, and content providers from any and all claims, including but not limited to attorneys fees, arising from or related to 1) content or information you provide; 2) Michelle Krasny Coaching’s use of information you provide; and 3) your breach of this Agreement.
Michelle Krasny Coaching may terminate or restrict your use of the website or any part of the site at any time for any reason without notice. In the event of termination, you are no longer authorized to access the part of the website affected by such termination or restriction.
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. What constitutes a material change will be determined at our sole discretion.
This Agreement constitutes the entire agreement between Michelle Krasny Coaching and you with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. This Agreement shall be governed by and construed in accordance with the laws of the State of Vermont without giving effect to any of its conflicts of law provisions. You agree that any cause of action relating to your use of the Site not otherwise required to be resolved by arbitration must be filed in the state or federal courts located in Chittenden County, Vermont. Michelle Krasny Coaching may transfer its rights and obligations under the Agreement at any time without notice. If any provision of this Agreement shall be held to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Any failure of Michelle Krasny Coaching to enforce or exercise any provision of this Agreement shall not constitute a waiver of that right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable, for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provision of the Terms will continue in full force and effect.In the event of termination of this Agreement for any reason, the provisions entitled User Generated Content, Disclaimers And Limitation Of Liability, Dispute Resolution, Indemnification, and other provisions for which survival is equitable or appropriate, shall survive.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org