Terms of Use

 

 

Michelle Hamady, LLC dba Reclaim Creative Potential
 
Effective as of January 1, 2022

 

 

Michelle Hamady, LLC., a Virginia corporation with a principal place of business in Virginia Beach, VA (the “Company”, “we,” or “us,” or “our”) welcomes you. We invite you to access and use our website, https://michellehamady.com and any functionality, applications, and/or services offered on or through https://michellehamady.com (collectively the “Website“ or “Site”). We provide our visitors (“You” or “Visitors”) access to the Website, subject to the following Terms of Use (the “Terms”), which may be updated by us from time to time.

Please read the Terms carefully before you start to use the Websites. By USING our Website, or by clicking “I Accept” or “I Agree” to the Terms when this option is made available to you, you accept and agree to be bound by both these Terms and our Privacy Policy. If you do not want to agree to these Terms and/or Privacy Policy, you must not access or use the Websites.

These Websites are offered and available to users who are 21 years of age or older. You acknowledge and assert that by your use of the Sites and your use of our services, you are at least 21 years of age, competent, legally able to enter into a contract, and willing and able to comply with all applicable municipal, state, and federal laws and regulations. If you are between 18 and 21 years of age, you may be allowed limited use of the Sites, and may be required to provide parental/guardian consent.
Through our Website, we provide an online portal providing access to information and resources on living in harmony with the Universe, personal development, conscious energy awareness, and various spiritual modalities. Our content falls into two categories: complimentary resources and content accessible for a fee, available to our members. This information is provided for educational purposes only. We do not provide psychiatric and/or medical and/or other professional advice.

 

 

1. No Professional Advice. 

 

 

The information provided on our Sites, including, but not limited to information contained in videos, on audios, on message boards, in text files, and/or in chats, cannot replace or substitute for the advice of a trained professional with expertise in a specific area, such as a lawyer, CPA, therapist or doctor. If you need such advice, seek the services of those professionals. Our information is provided for educational purposes only.

 

 

2. Accuracy of Information.

 

 

The content on our Website, e.g., materials, resources, documents, audios, videos, articles, checklists (collectively the “Materials”) is made available for general information purposes. We may update the Materials from time to time, but we are under no obligation to do so. We don’t guarantee the accuracy, completeness, or usefulness of the Materials. For that reason, please be self-responsible, and always confirm the accuracy of information found on our Websites or on the Internet in general for yourself. Use your discernment to take in what resonates and discard the rest. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on the Materials by you or any other visitor to our Websites, or by anyone who may be informed of any of its content.

 

 

3. Modifications to the Terms. 

 

 

We reserve the right to withdraw or amend the Website and the Materials at any time, and in our sole discretion. Updates will be posted to the Sites. All changes are effective immediately when we post them and apply to all access to and use of the Website. Your continued use of our Website after we post revisions to the Terms, means you accept and agree to the changes. Please check this page periodically, so you are aware of any changes, as they are binding on you. Further, you are responsible for ensuring that anyone accessing the Website on your behalf is aware of the Terms, any updates, and agrees to be bound by them. That being said, any changes made to the dispute resolution provisions will not apply to disputes for which you’ve been given actual notice on or prior to the date the change is posted on our Website.

 

 

4. Accessing Websites and Security. 

 

 

In accessing the Sites, you may be asked to provide personal information e.g., your name, email, phone number, and in some cases billing information. It is a condition of your use of the Websites that ALL information you provide is correct, current, and complete. If you choose a user-name and password to access Materials, it is your responsibility to treat that information as confidential. Do NOT disclose it to any other person or entity. You hereby acknowledge that your account is personal to you and you agree not to provide any other person with access to our Websites or portions of it with your user-name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user-name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.

 

 

5. Intellectual Property Ownership. 

 

 

All Materials are owned or licensed by us or used by us with permission from one of our third-party authors, developers, partners, affiliates, licensees, or vendors. The Materials and all other intellectual property, such as copyrightable content and trademarks are protected by United States and international copyright, trademark, and other intellectual property or proprietary rights laws. Except as expressly provided herein, you shall not copy, reproduce, republish, repost, download, upload, display, transmit, or in any way distribute (collectively “Reproduce”), in whole or in part, Materials found on our Website. For permission to Reproduce Materials, contact us at michelle@michellehamady.com 

 

 


6. What You Are Allowed to Do.

 

 

You are allowed to use our Websites for any personal, non-commercial, lawful use, which is in strict accordance with these Terms. For example,

1. Your computer may temporarily store copies of such Materials in RAM incidental to your accessing and viewing those Materials.
2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
3. You may print or download one copy of a reasonable number of pages from the Websites for your own personal, non-commercial use and not for further reproduction, publication or distribution.
4. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

 

 

7. Prohibited Uses. 

 

 

You are NOT allowed to do the following:
1. Modify copies of the Materials from our Sites.
2. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
3. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from our Sites.
4. Access or use for any commercial purposes any part of the Websites or the Materials available through the Websites.
5. Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
6. Send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms.
7. Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
8. Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity, including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing.
9. Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
10. Engage in behavior that in any way violates any applicable federal, state, local, or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the US or other countries.
You also agree NOT to:
1. Use the Websites in any manner that could disable, overburden, damage, or impair the Websites or interfere with any other party’s use of the Websites, including their ability to engage in real time activities through the Websites.
2. Use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.
3. Use any device, software or routine that interferes with the proper working of the Websites.
4. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
5. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer or database connected to the Websites.
6. Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
7. Otherwise attempt to interfere with the proper working of the Websites.
If you violate any of the above in breach of the Terms, your right to use our Websites will cease immediately and we reserve the right to take any legal and equitable action available to us.
If you wish to use the Materials in ways other than what is specifically permitted, feel free to address your request in writing to us at michelle@michellehamady.com.

 

 

8. Enforcement. 

 

 

At times, we may take steps that we believe are necessary and appropriate, in order to enforce or verify compliance with the Terms. Such action might include automated monitoring of compliance. By accepting our Terms, you grant us the right to cooperate with any legal process that relates to your use of our Websites, our Materials, or any third-party claim that your use of our Websites and/or Materials violates the rights of a third party.

 

 

9. Linking to Our Website. 

 

 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part, without our express written consent. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice.
Further, you may use these features, however, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Websites or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Websites other than the homepage without our express written consent.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.

 

 


10. Links from the Website. 

 

 

If the Websites contains links to other sites and resources provided by third parties, such as, but not limited to Stripe, PayPal, YouTube, LinkedIn, Twitter, and Facebook, these links are provided for your convenience only. They may contain advertisements, including banner ads and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and you should review their Terms and Conditions and Privacy Statements.

 

 

11. Reviews, Comments, Communications, and Other Content. 

 

 

We allow visitors to our Sites to post reviews, comments, and other content (the “User Content”) on the Blog and/or inside the closed Facebook groups linked to our Sites. You retain ownership rights to your User Content. However, by submitting User Content you grant us a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, and display your User Content in whatever way we choose. To be clear, you also grant each user of the Sites and/or closed Facebook groups linked to our Sites a non-exclusive license to access your User Content, and to use, reproduce, distribute, and display content. You grant us and any user to the Sites a perpetual and irrevocable license.
Notwithstanding the above, contributions to, access to, and use of User Content is at your own risk and subject to the following:
• Rights and Responsibilities of the Websites. The Sites respects privacy and the intellectual property of others, and we ask our users to do the same. The Sites may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
If User Content is permitted on our Websites and/or in closed Facebook groups linked to our Sites, the Sites are not the publisher or author of the User Content. It is merely a passive unit for storage and dissemination of the ideas and opinions the Sites’ members may choose to post and distribute as User Content. The Sites do not screen works before they are posted inside the closed Facebook groups linked to our Sites, and no prior approval is required for posting.
• Rights and Responsibilities of the Sites’ Users or Other Posters of User Content. You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any Sites’ service that allows interaction or dissemination of information. In posting User Content, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent and trademark), the right to privacy and the right not to be libeled or slandered.

 

 

12. System Security. 

 

 

Although we cannot make an absolute guarantee of system security, the Company takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email at michelle@michellehamady.com. If the Sites’ technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, the Company reserves the right to delete those files or to stop those processes. If the Sites’ technical staff suspects a user-name is being used by someone who is not authorized by the proper user, the Company may disable that user’s access in order to preserve system security. In all such cases, we will contact the member as soon as possible.
If in our sole discretion, we determine that security is at risk, we have the right to do the following:
1. edit, redact or otherwise change any User Content,
2. re-categorize any User Content to place it in a more appropriate location or
3. pre-screen or delete any User Content that is determined to be inappropriate or otherwise in violation of these Terms, including but not limited to User Content containing offensive language and advertisements.
4. refuse service to anyone and to cancel user access at any time.

 

 

13. No Warranty. 

 

 

THE SITES AND ALL MATERIALS PROVIDED ON OR THROUGH YOUR USE OF THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND THE SITES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY GUARANTEE OF ENLIGHTENMENT, EMOTIONAL AND/OR PHYSICAL HEALING, DEVELOPMENT OF PSYCHIC ABILITIES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY GUARANTEE OF PROFITS OR EARNINGS.
NEITHER COMPANY NOR THE WEBSITES MAKE ANY WARRANTIES THAT:
1. THE SITES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS;
2. THE SITES OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS;
3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES, OR ANY MATERIALS OFFERED THROUGH THE SITES, WILL BE ACCURATE OR RELIABLE; OR
4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE SITE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

 

 

14. Limitation of Liability. 

 

 

IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSEES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

 

15. Indemnification. 

 

 

You agree to defend, indemnify and hold harmless the Company, our affiliates, licensees, lawyers, and service providers, and their respective officers, directors, employees, contractors, agents, lawyers, licensees, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Websites, including, but not limited to, any use of our Websites’ content, services and products other than as expressly authorized in these Terms or your use of any information obtained from our Websites.

 

 

16. Unsolicited Submissions. 

 

 

Except as may be required in connection with your Use of the Site and the Services, the Company does not want you to submit confidential or proprietary information to us through the Sites or closed Facebook groups linked to our Sites. All comments, feedback, information or material submitted to the Sites through or in association with this Sites shall be considered non-confidential. By providing such submissions to the Sites, you hereby grant the Sites a license to Reproduce your User Content. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

 

 

17. Governing Law; Venue. 

 

 

All matters relating to the Websites and these Terms and any dispute or claim arising therefrom or related thereto, in each case, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the State of Virginia, without giving effect to any choice or conflict of law provision or rule, whether of the State of Virginia or any other jurisdiction.
All disputes arising from the use of these Terms or our Websites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be resolved through final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Virginia law. In the event, for whatever reason, arbitration is found to be an invalid, illegal or unenforceable form of dispute resolution, all legal suits, actions or proceedings arising out of, or related to, these Terms or the Websites shall be instituted exclusively in the federal courts in the State of Virginia, although Company reserves the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts and expressly and explicitly accept the State of Virginia, as the sole jurisdiction and venue, for such purposes.

 

 

Waiver and Severability. 

 

 

No waiver, by us, of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such 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 shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

 

 

Entire Agreement. 

 

 

The Terms constitute the sole and entire agreement between you and us with respect to our Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Websites.

 

 


Limitations on Lifetime Access. 

 

 

Lifetime access to the Reclaim Creative Potential membership Materials on our Websites and in closed Facebook group linked to our Websites is granted to those participants of the Reclaim Creative Potential membership program, who purchased the program directly from the Company, not from a third party, and who remain in good standing. Good standing means those participants of the Reclaim Creative Potential membership program are current on their membership subscription payments and not in violation of any terms or conditions set forth in these Terms. For our purpose, lifetime access means Reclaim Creative Potential membership subscribers have access to the Reclaim Creative Potential membership program, so long as they are in good standing and/or the program exists.

 

 

Contact Us.
Our Websites are operated by: Michelle Hamady, LLC.
dba Reclaim Creative Potential

1525 Wolfsnare Rd, Virginia Beach, VA 23451
All notices, comments, questions, feedback, requests for technical support, and other communications relating to the Websites should be directed to: michelle@michellehamady.com

 

 

DISCLAIMER.
Our Materials, products, and services are designed to aid you on your personal spiritual journey, so you can make a difference in the your own development and positively influence those around you and the planet as a whole. Any multidimensional transmissions, non-physical beings, personal energy anatomy applications, psychic abilities referenced on our Sites or in the Materials are for inspiration and illustration purposes only, and should not be considered average and/or exact results, or promises for actual or future performance and/or experience. Nothing on this page, in our Materials, on our Websites, or shared by third parties is a promise or guarantee of results or present or future experiences and/or earnings. As provided by law, we make absolutely no guarantees as to any result you will have. Your results depend on many facts, including, but not limited to how much effort you put into your personal journey and spiritual development.

The information offered on our Websites is a composite of the direct personal knowledge that Michelle Hamady has incarnated within this lifetime, and her integration and synthesized wisdom from the mastery of study of conscious energetics, sound vibration, psychology, metaphysical content and Universal Law. The information is ongoing and is constantly being updated. Michelle Hamady is NOT affiliated with or a follower/member of any established religious doctrine, any pre-set ascension modality, Law of One doctrine, any human/non-human claiming to be a Teacher within a “guru” model, and she is NOT a New Age Channeler (someone allowing entities to talk through her body).

In the event that you choose to apply any of the information presented on this site for yourself, the result is your sole responsibility. Michelle assumes no responsibility for your actions.

YOU FULLY AGREE THAT YOU HAVE READ, AND UNDERSTAND, THAT COMPANY IS NOT RESPONSIBLE FOR YOUR SUCCESS OR FAILURE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT OUR PRODUCTS OR SERVICES WILL PRODUCE ANY PARTICULAR RESULT FOR YOU.

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