MicheleHartranft.com is owned and operated by Michele Hartranft. By visiting our website you are consenting to the following Terms and Conditions that govern your access and use to MicheleHartranft.com.
The terms “we,” “us,” and “our” refer to Michele Hartranft and all websites, products and services offered by us. The term the “Site” refers to MicheleHartranft.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. MicheleHartranft.com strives to offer visitors online education and support to help enable successful breastfeeding and lactation. There are demonstrations of techniques to help enable successful breastfeeding and lactation. If that bothers you do not use this site. You acknowledge that you are aware of the nature of the content provided by MicheleHartranft.com and that you are not offended by the subject matter included in our content and you access michelehartranft.com voluntarily in order to help educate yourself in ways to enable successful breastfeeding and lactation. Our content and videos are for educational purposes only. Use of MicheleHartranft.com, including all materials presented herein and all online services provided by Michele Hartranft, are subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
IMPORTANT! These Terms and Conditions also govern your membership/memberships on MicheleHartranft.com if you become a member. By visiting, accessing, downloading, copying and/or any other means of accessing any content from and/or via our site, you agree to be bound by these terms and conditions. These Terms and Conditions are subject to change at anytime at our discretion. Anytime you access our site you are acknowledging and accepting the most current Terms and Conditions posted on our website. If you do not agree to be bound by these terms and conditions, you must cancel your membership immediately and you may not access our site and you must exit the site immediately and not log into your members only content. You may only access the site in accordance to our Terms and Conditions. Reference back to our Terms and Conditions frequently and carefully read them. You affirm you have read this agreement in its entirety and understand, agree and consent to its Terms and Conditions.
Use of the site and services
To access or use the Site, you must be 18 years of age or older or the age of majority in your jurisdiction, whichever is higher and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site and you must exit michelehartranft.com immediately. Information provided on the Site and in the Service related to Breastfeeding and Lactation and other information is subject to change. Michele Hartranft makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Michele Hartranft disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
We may use session cookies to ensure that your computer displays MicheleHartranft.com effectively. You have the ability to accept or decline cookies using your web browser settings. If you choose not to accept cookies from MicheleHartranft.com, you may not be able to take full advantage of its features or to receive some of the services MicheleHartranft.com provides.
Links and Email Addresses
Links posted on this website to other websites are provided as a convenience to you. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Michele Hartranft. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Spamming, the unsolicited broadcasts of email addresses or links in this website, is prohibited and unauthorized.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give Michele Hartranft will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Refusal of Service
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed and your transaction and been reviewed by us. We have the right at anytime to refund the current transaction cost and cancel your purchase or membership at anytime upon our review. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. The content shared on or through michelehartranft.com, our private groups and in our membership sites is to help educate and inspire successful breastfeeding and lactation. Any inappropriate requests and/or comments will not be tolerated and will be blocked, reported and/or deleted by us at our discretion. If you have a paid membership to any of our paid membership sites, we have the right to cancel your membership for not abiding by our terms and conditions and you will not receive a refund for any unused days on your membership. We want this to be a safe space to learn and gain support for those contemplating breastfeeding and lactation, breastfeeding and lactation or supporting breastfeeding and lactation.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Cancellations, Refunds & Returns
Your purchase of a product, service, or membership created by Michele Hartranft may or may not provide for a partial or full refund. Each specific product, service, or event will specify its own refund policy. Membership fees are non-refundable. Use your membership as long as you need while you learn what is valuable to you. We understand the window for breastfeeding and lactation varies with each individuals situation. You may cancel your membership at any time, no questions asked.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Material you submit to the site
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
Intellectual property rights to your materials
We claim no intellectual property rights over the material you supply to Michele Hartranft. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Michele Hartranft remains yours to the extent that you have any legal claims therein. You agree to hold Michele Hartranft harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site or submitting for feature in our magazines, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
Our intellectual property
The Site and Service contain intellectual property owned by Michele Hartranft including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE “SELLER AFFILIATES”) BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, MICHELE HARTRANFT 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 OR 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 MICHELE HARTRANFT 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 MICHELE HARTRANFT CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM MICHELE HARTRANFT, AND IF NO PURCHASE HAS BEEN MADE BY YOU MICHELE HARTRANFTS CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
We shall not be held responsible for any failure of performance to make timely delivery of all or any part of the products, services and/or content in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of us, which causes delays or hinders the manufacture or delivery of the products, services or content. We shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
Third party resources
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Michele Hartranft. 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 losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, 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.
Effects of headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
This Agreement constitutes the entire agreement between you and Michele Hartranft pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Michele Hartranft shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
4701 SW Admiral Way #27
Seattle, WA 98116
Governing law; venue; mediation
This Agreement shall be interpreted under the laws of the State of Washington, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; you submits to the exclusive jurisdiction and venue of the courts of the Commonwealth of Washington and hereby waives any objection to such jurisdiction and venue.
The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Recovery of litigation expenses.
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: October 13, 2016