Terms, Conditions, Privacy, Copyright, & Purchases
Information We Collect
This Site only collects the personal information you voluntarily provide to us, which includes your name and e-mail address, in order to subscribe to our newsletter or comment on our blog. If you opt-in to receive our newsletter, the option to unsubscribe will be included in every e-mail. We also collect payment information via a third party company.
We do share your information with trusted third parties who provide support in running this website including any blog or newsletter. All parties will keep your information confidential and will never be shared with unrelated third parties.
We may record information relating to your use of the Site in order to help administer the Site and personalize your experience by improving customer service.
Additionally, we may send cookies (not the edible kind) to your computer in order to identify and your improve our service. At any point, you may decline the cookies in your Internet settings. However, doing so may prevent use of some of the Site.
We do our best to protect your information from any unauthorized access, misuse, or disclosure. However, you acknowledge that the personal information you voluntarily share could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission.
Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner. You agree to notify us of any breach of security or unauthorized use of your information.
Children: Online Privacy Protection Act Compliance
Changes to This Policy
Updated January 2019
Terms & Conditions
By visiting MichelleHanks.com, you are consenting to these terms and conditions.
Visitors and any users of the site are referred to as “user”, “you” and “your” and Company is referred to as “we”, “us”, and “our”. Accessing any area of this Site shall be deemed a use of the Site and an acceptance of the terms and conditions provided herein.
Information provided on the Site and related to our service of [publicity, social media management, coaching, and consulting] (the “Service”) is subject to change. Company makes no representation or warranty that the information provided is accurate.
In order to use the Site and Service, you may be required to provide information about yourself including your name, e-mail address, and other personal information. You agree that any registration information you give to Company will always be accurate, correct, and up to date. You shall only be allowed to provide your own personal information and not the information of others.
You may use the Site and Service for lawful purposes only. You shall not post on the Site anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Site. This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.
Failure to comply with the terms and conditions listed here may cause you to be removed from the Site.
The Site and Service contain intellectual property owned by Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. You may not use in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. Any copyright infringement will result in legal action taken on behalf of the Company.
Limitation of Liability
Under no circumstances shall Company or any of its parents, subsidiaries, affiliates, or otherwise be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or service, including but not limited to negligence. Additionally, Company is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third-party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Company has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Company’s cumulative liability to you exceed $100.
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Company. Unless otherwise stated, these Terms and Conditions only cover the use of this Site. Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that we are not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Terms and Conditions, or any use by you of the Site or Service. You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Governing Law, Venue, Mediation
This Agreement shall be construed in accordance with and governed by the laws of the State of Kentucky, exclusive of its choice of law rules. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by good faith negotiation. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Lawrenceburg, Kentucky, and any such award shall be binding on the parties. The prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.
These Terms and Conditions constitute the entire agreement between the parties with respect to its relationship and supersede all prior oral or written agreements, understandings, and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.
The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.
By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
Updated January 2019
Additional Terms & Conditions Regarding Purchases & Refunds
By visiting MichelleHanks.com, you are consenting to these additional terms and conditions.
Non-Disclosure of Company Materials
Material given to User in any product purchased with the Company is proprietary, copyrighted and developed specifically for Company. User agrees that such proprietary material is solely for User’s own personal use. Any disclosure to a third party is strictly prohibited.
User is not authorized to use any of Company’s intellectual property for User’s business purposes. All intellectual property shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
Client Responsibility, No Guarantees
User accepts and agrees that Company makes no representations, warranties, or guarantees, verbally or in writing, regarding results of services rendered. User understands that because of the nature of the music music industry and publicity, the results experienced by each User may significantly vary. By purchasing from Company, User acknowledges that there is an inherent risk of loss of capital and there is no guarantee that User will reach its goals as a result of purchasing services and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantee other than that the Services offered shall be provided to User in accordance with the terms of this Agreement. User acknowledges that Company cannot guarantee any results for publicity as such outcomes are based on subjective factors that cannot be controlled by Company.
User is responsible for all applicable fees and taxes for their purchase from Company. User grants Company (or our third-pray payment processor) the authority to charge the card(s) provided during the payment process. If a payment is not received in full, Company reserves the right to suspend services until payment is complete.
User is responsible for full payment of fees for all services purchased. To further clarify, no refunds will be issued for services.
We are committed to providing a positive experience to all users. By continuing with the purchase of services, User agrees that the Company may, at its sole discretion, terminate this Agreement without refund or forgiveness of monthly payments if User becomes disruptive or upon violation of the terms. If User decides to terminate this Agreement, no refunds will be issued.
Updated January 2019