TERMS OF USE
“Kathleen A Milano, PhD LLC” and “The Energetic Muse LLC” welcome you and invite you to enjoy this website. This policy governs your access to, and use of, kathymilano.com (the “Website”) including, without limitation, any content, function, and services offered to you as a Registered User or Guest. In this Terms of Use, both companies may be referred to collectively as “The Company,” “Kathy Milano,” “we,” “us,” or “our.”
A “Guest” views publicly available content, may email us, and/or receive freely distributed email (eg, blog, free downloadable material). A “Registered User” registers with us to purchase products, services, or receive freely distributed information (eg, blog, free downloadable material). Additionally, a Registered User may access exclusive content for Registered Users; create and update personal accounts on Website; register for notifications (eg, waiting list); and be considered a community member for resources offered by Kathleen A Milano, PhD LLC and The Energetic Muse LLC. The Company is under no obligation to accept any individual as a Registered User and reserves the right to reject any registration at its complete discretion. Additionally, any account may be deactivated if the Company determines a Registered User has violated the Terms of Use.
This Website is available to Visitors and Registered Users who are 18 years of age or older. By using this Website, you represent that you are of the legal age of 18 years or older and capable of entering a binding contract with us. If you do not meet these requirements, you must not use this Website.
By using the Website, you have read, understand, and accept these conditions. You agree to be legally bound and abide by the Terms of Use and the accompanying Privacy Policy. If you do not agree to any aspect of these Terms, please do not use this Website.
CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time without notice. What constitutes a material change will be determined at our sole discretion. All changes are effective immediately and apply to your use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. Current Terms of Use supersede all previous versions. It is your responsibility to visit this page and be aware of the Terms of Conditions so that you are aware of any changes as you are legally bound to comply with them. Date of most recent update is recorded at the bottom of this page.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
This Website contains information and resources available for public use and download. All such information, freely offered or for purchase, including all information for public viewing, is for educational and informational purposes only. The information offered on the Website by the Company (“Kathleen A Milano PhD LLC” and “The Energetic Muse LLC”) is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice. No information offered freely, purchased, or available for download should be understood or construed as mental health treatment, psychotherapy, or psychological service. Using this Website, as Guest or Registered User, does not enter you into a confidential, professional relationship with Kathleen Milano PhD in the role of psychologist. Use of the Website and all available materials indicates your clear understanding and agreement that no therapeutic relationship exists, nor is Kathleen Milano PhD and the Company responsible in any way, now or in the future, for how you made use of this Website in its entirety. Guests and Registered Users, whenever using this Website, participating in programs, downloading material (paid or freely offered), and purchasing products understand and agree to these conditions.
WEBSITE ACCURACY
The Company aims to make sure the information provided on this Website, including all free and purchased information available for download, is accurate with the intent to offer valuable material for informational and educational purposes. The Company reserves the right to modify, suspend, or discontinue any part of the Website, including addition and removal of any service or product, at any time for any or no reason. All products and content has been described as accurately as possible. However we cannot guarantee the accuracy of the information and from time to time may correct errors in description, content, time/date, or pricing. The Company reserves the right to cancel or refuse any order, for any reason, including on the basis of error or incorrect pricing on the Website. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website. To the maximum extent permitted by applicable law, all such information, products, services, related graphics, and software are provided “as is” without warranty or condition of any kind.
PERSONAL RESPONSIBILITY AND LIMITED LIABILITY
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct your own personal due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website, including but not limited to, seeking competent advice from a professional familiar with your situation and intent of use for the information.
By using this Website, you agree to absolve the Company of any and all liability or loss that you, or any person or entity associated with you, may suffer or incur as a result of use of the information contained on this Website and/or the resources you may download from this website. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, incidental, equitable, special, or consequential loss or damages for use of this Website.
NO GUARANTEES AS TO RESULTS
You agree that the Company has not made any guarantees about the results of taking any action whether recommended or presented on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website. You nevertheless recognize that the outcome of applying any information provided by The Company or on this Website will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company. You also recognize that the results obtained by others – whether clients of the Company, Guests, Registered Users or otherwise, including Third Party websites – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
INTELLECTUAL PROPERTY
This Website contains intellectual property owned by Kathy Milano who reserves all rights, title, and interest, to all Content presented on this Website, including current, past, and future material. The Website contains material, such as text, graphics, images, photographs, sound recordings, videos, downloadable content, course materials, training workbooks, and other material (the “Content”) provided by, or on the behalf of, Kathleen Milano PhD LLC and The Energetic Muse LLC (the “Company”). The Content, owned by us or third parties, is protected under copyright and United States and foreign laws that protect intellectual property and proprietary rights. By using this Website, you agree to abide by these laws and understand that unauthorized use of the Content will violate copyright, trademark, and other laws.
The Company name, Company logo, slogan, trademarks, service marks, and related names, logos, product and service names, designs, and slogans displayed and used on the Website and related promotional, educational material in electronic communications (eg, email, social media) are trademarks, registered and unregistered, of the Company, or may be owned by others. You must not use such marks without the prior written permission from the Company specific and approved for each use.
You will not sell, transfer, publish, modify, transmit, reverse engineer, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website. You are allowed to forward or post to social media a Website link or blog post for the express beneficial intent of sharing information about the Company and the Website for the benefit of others and The Company. All forwarding of links or posts must include proprietary rights, attribution notices, and complete identifying information in keeping with the appearance of the Website and proper use of all Content and trademarks, registered and unregistered, and service marks.
The Company grants you a non-exclusive, non-transferable, revocable license to access and use the Website for public viewing, purchasing of products and services, and the free and paid resources available for download from the Website strictly in accordance with these Terms of Use.
The Company offers a variety of resources on this Website which users (Guests, Registered Users) may access by free public viewing and by providing an email address (“Free Public Content”). Guests may view all publicly available Content for their own personal use, non-commercial use. When you download or forward Free Public Content (eg, sharing a blog post via email, post to social media site), you expressly agree you will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. The Company Content is not for resale. You agree that you do not acquire any ownership rights in any protected content as use is authorized only according to these Terms. Content and may not be altered, deleted or have any proprietary rights or attribution notices modified.
The Company also provides at times a variety of products, services, courses, events, programs, and associated material for sale on this Website (known collectively as “the Offerings”). The Company reserves the right to change, delete, or discontinue any of the Offerings at any time for any or no reason. If you purchase any of our Offerings, you understand and agree that you have been granted a personal, limited, non-exclusive, non-transferable license to use our Offerings for your own personal or internal business use. All free Content and free and paid Offerings are to be used expressly by you as an individual. You understand and agree can not be shared, offered, or sold to others in any capacity, even by members of your family or business without express written permission by the Company. By ordering or participating in the Offerings, whether downloaded, received, attended, completed or not, you agree that your purchase or download may not be sold, modified, reconfigured, redistributed, or in any way exploit the Offerings or the Company’s ownership of all intellectual property and proprietary rights.
If you receive a refund of any purchase through the terms and conditions outlined on the Website, all licenses to use the material will be immediately terminated. You must immediately cease using the material and agree to destroy all copies of the information provided to you, including but not limited to, all downloadable course material, workbooks, video recordings, audio recordings, and handouts. Your agreement not to share any Company materials remains in force.
PURCHASE OF PRODUCTS AND REGISTRATION
Freely offered material to download will require the exchange of an email address. In order to purchase any product on the Website, or participate in freely offered material or downloadable materials, you will be asked to create an account as a Registered User. The process requires you to offer the personal information, which you verify is accurate and complete, including password, name, and perhaps identifying information (“Information) in order to authenticate your identity during future log ins. You are solely responsible for confidentiality and use of this Information for the purposes stated above, and agree not to share this information to access purchased and/or proprietary Content. The Company reserves the right to change or delete your Information, in part or whole, at any time for any or no reason with no liability to you for any damage, loss, or disruption caused by any action.
If you choose to purchase products, courses, or services on the Website, you agree to pay the Company all fees and taxes as applicable. You understand and agree to the use of a Third Party payment processors who will authorize your credit card, bank account, approved payment facility (eg, Pay Pal, Venmo), or other approved payment processors provided to you or by you at the time of purchase. It is your sole responsibility to update all personal billing information to maintain accuracy and keep your account current. You agree to let the Company obtain updated or replacement account numbers, expiration dates, and other identifying information in the event of card expiration or theft, account or banking disruption, or acquisition of new payment methods. You agree to pay the Company in full for every order.
LINKS TO OTHER THIRD PARTY WEBSITES
Our Website may contain links to Third Party websites or services that are not owned or controlled by The Company. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any Third Party websites or services. You are expected to review all policies of Third Party websites or services to ensure your understanding and compliance, and retain full responsibility for your use of any such websites or resources mentioned on this Website. You further acknowledge and agree that The Company 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 are providing these links to you as a convenience only. The inclusion of any link to a Third Party website does not imply recommendation or endorsement by the Company or any association with the linked website’s operators. You are at choice as to whether you visit any Third Party website and hold sole responsibility for your decision and action while on the linked website.
If the Third Party website is necessary for the provision or payment of a service, course, or product, you may be asked to share information and personal data in order to complete the purchase or access the product. You hereby acknowledge and consent that the Company may share such information and data with any Third Party with whom the Company has a contractual relationship to provide the requested product, service or function on behalf of the Website’s users and customers. You also understand and agree that you may be directed to a Third Party website who is hosting Company Content or Offerings in order to fully register with a course or receive the material.
MATERIALS PROVIDED TO THE WEBSITE AND/OR COMPANY
The Company does not claim ownership of the materials, feedback, suggestions, testimonials, or questions (collectively known as “Submissions”) you provide to the Website. Nor any information you post, upload, input or submit to any Website, or our associated services, or social media related to the Website and the Company. You, not the Company, retain full responsibility for all Submissions.
By providing Submissions (in any format such as inputting, uploading, posting, emailing) you are granting the Company permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, edit, translate, reproduce, reformat, publicly display, distribute, transmit, publicly perform your Submission; as well as publish your name and identifying information (eg, State, job title) in connection with your Submission. You will not be paid compensation. The Company is under no obligation to use or post any Submission, may remove any Submission at any time at the Company’s sole discretion, and may publish a partial Submission in any format.
Sending an email, visiting the Website, or receiving email, downloading material, both written and audio, and all other communication from the Company is defined as electronic communications. By entering into communication, you consent to send and receive electronic communications. Such electronic communication does not create a business relationship, any contractual relationship, or confidential therapeutic relationship. All communications, agreements, notices, disclosures, and downloaded information that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
All information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy. You understand and consent to all actions we take with respect to your information consistent with our Privacy Policy.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.
DIGITAL MILLENNIUM COPYRIGHT ACT
Kathy Milano and the Company respects the copyrights and intellectual property of others and attempts to comply with all relevant laws. If you believe your work has been posted on this Website in a manner which violates or infringes your upon your copyright, you may send us a Digital Millennium Copyright Act (the “Act”) take down notice. Any request may be sent to to us at this address:
Kathleen Milano, PhD LLC
The Energetic Muse LLC
110 Marter Avenue, Suite 206
Moorestown, NJ 08057
USA
docmilano@kathymilano.com
To properly consider your request, please include the following information in accordance with the Act: 1. The URL and other description so we may properly identify the material in question; 2. a detailed description of the copyright protected work you believe has been improperly used, including information about the location of the original work or an authorized copy of the work; 3. Your identifying information including name, address, email address, and telephone; 4. your personal statement that you have a good faith belief that the disputed use of copyrighted material, described above, is not authorized by the copyright owner, its agent, or the law; 5. your personal statement, under penalty of perjury, that the information in your notification is accurate; furthermore that you are the copyright owner or authorized to act on behalf of the copyright’s owner; and 6. a physical or electronic signature of the copyright owner or authorized to act on behalf of the copyright’s owner. Submit all of the above to the Company contact information.
NO WARRANTIES
The Company makes no warranties regarding the performance or operation of this website. All Content, including information, publicly available and purchased, programs, materials, courses, workbooks, audio and video recordings, products, or services, is available “as is” and “as available” without warranties of any kind. The Company offers no warranty or guarantee that the Website and their servers will operate error-free, without disruption, or secure. Furthermore there is no warranty or guarantee that the Content or Website is free of computer viruses or similar destructive contamination.
GOVERNING LAW AND DISPUTE RESOLUTION
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, Kathy Milano, the Company, any and all contracts you enter into with the Company, and use or viewing of any and all of our products, services, and freely offered information.
To the extent that you attempt to assert any such claim, this Agreement, and any action related thereto, will be governed by the laws of the State of New Jersey without regard to its conflict of laws provisions. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against Kathy Milano. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
We have the right to disable any user name, password or other identifier, whether provided by the Company or chosen by you, at any time in our sole discretion for any or no reason, including if we believe you have violated any provision of these Terms of Use. Additionally, the Company reserves the right, in its sole discretion, to terminate your access to the Website, including any related services, products, free or purchased, or any portion thereof at any time, without notice.
LAWFUL USE OF WEBSITE ONLY
By using this Website, you agree to use it for lawful purposes only. You will not use the Website for any illegal purpose or in a manner inconsistent with these Terms of Use. The Website and Company are based in the United States. When you visit the Website, view, download, purchase, or communicate with the Company from outside of the United States, you are responsible for compliance with all local laws.
ENTIRE AGREEMENT
These Terms of Use and related Privacy Policy constitutes the entire agreement between you, the User, and the Company pertaining to the Website, all Content, free downloadable content, electronic communications, products, and services offered therein. This agreement supersedes all prior and contemporaneous agreements, representations, communications, and understandings, whether electronic, oral or written, between the user and the Company with respect to the Website. The section headings and order of information are provided for convenience only and not to be interpreted as having legal import in presentation style.
CONTACT US
If there are any questions regarding this Terms of Use, you may contact us using the information below.
www.kathymilano.com
110 Marter Avenue, Suite 206
Moorestown, NJ 08057
USA
docmilano@kathymilano.com
856-778-1981
Last Edited on 8-01-20
