Privacy Policy

Effective date: August 2016

mollymolofsky.com contains intellectual property owned by Molly Molofsky, including photos, trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create dervative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the mollymolofsky.com content, in whole or in part without or prior written consent.

Terms and Conditions

General

By using mollymolofsky.com, referred to as this “Site”, all visitors, referred to as “user”, “you” “your” “party” or “parties” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” “party” and refer to “Molly Molofsky”. Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein. 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.

Assumption Of Risk

We will at all times exercise our best professional efforts, skills and care. However, we cannot guarantee the outcome of advice and/or recommendations on Site and our comments about the outcome are expressions of opinion only.

By reading Site, (1) you acknowledge that we are not a licensed health care professional company nor are our services licensed by the state of California and our services do not replace the care of a medical doctor or other healthcare professional and (2) you assume all risk resulting from your failure to consult a doctor or healthcare professional about the effect of any advice or recommendations given by us.

Site Use

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.

In order to use the Site and service, you may be required to provide information about yourself including your name, email address and other personal information. You agree that any registration information you give to us 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 Site, violate any laws in your jurisdiction.

You may use the Site and service for lawful 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.

Affiliates

Some of the links contained in this site/blog/email newsletter are affiliate links. This means that Molly Molofsky may receive a commission if you click on the link and make a purchase from the affiliate.

Links To Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Molly Molofsky. Molly Molofsky 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 Molly Molofsky 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 strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Testimonials

We present real world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved. Each client has approved these testimonials, examples, and photos for use in materials to speak to our program, service, and/or product capabilities, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results.  Rather, these client stories represent what is possible with our programs, services, and/or products. Each of these unique stories, and any and all results reported in these stories by our clients, are the culmination of numerous variables, some of which we cannot control.

Release of Liability

Molly Molofsky will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our website, blog, e-mails, videos, seminars, programs, services and/or products.  In no event will we be liable to any party for any direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on this website or blog, e-mails, videos, social media, programs, services, and/or products, or on those affiliated with us in any way; including, without limitation, any lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

No Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, SERVICES, OR PRODUCTS INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND NUTRITION FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EQUITABLE, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES.

Indemnification

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, attorneys’ 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.

Governing Law, Venue, Mediation

This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be San Francisco, California. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. 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. Parties agree participate in mediation before filing any claims. If either party commences arbitration or litigation against the other without first participating in Mediation as required by this paragraph, that party shall not be entitled to recover any attorney fees from the other party notwithstanding the fact that the party who failed to mediate was the prevailing party in any such arbitration or  litigation. 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 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, except as provided above.

The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provision

Any questions please contact: molly@mollymolofsky.com