Terms and conditions
Last updated: November 16, 2024
Purchase Terms & Conditions
BY COMPLETING YOUR PURCHASE, YOU ARE CONSENTING TO THESE TERMS AND CONDITIONS:
These Terms & Conditions govern your use of and access to our website and/or the hosted platform on which you purchased from us, and any of our social media channels/accounts, blogs, emails or mobile applications (collectively “Site”) and your use or purchase of our services and/or Products.
We recommend reviewing these Terms regularly to ensure you remain informed about any updates or changes.
DEFINITIONS
The terms “we”, “us” “our” and “Company” refers to @prof_benstoem on Instagram.
The terms “user,” “you” and “your” refers to site visitors, customers, and any other purchaser of our Products.
The term “Content” shall include but is not limited to the Site, information contained on the Site, our materials/information, Products, services, any digital content delivered or downloaded via email or other electronic means, webinars, courses, classes, live posts and the like, whether purchased or not.
The term “Product” and “Products” shall include but is not limited to materials, resources or information provided to you by us in our digital product, course and/or service or any digital content or information delivered or downloaded via email or other electronic means, webinars, documents, programs, courses, classes, PDFs, video calls, live posts and the like.
1. USER’S ACKNOWLEDGEMENT & ACCEPTANCE OF TERMS:
By using this Site, our Services, or purchasing from the Company, you are consenting to these posted Terms & Conditions (“Terms”), including any additional terms and conditions and policies referenced here and/or available by hyperlink.
Please read these Terms carefully before purchasing from us.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT PURCHASE OUR PRODUCT OR SERVICE.
We reserve the right to modify these Terms and Conditions at any time. Significant changes will be communicated to our users via email or a prominent notice on our website. We recommend that users review these Terms periodically to stay informed about any updates. Continued use of our services after the posting of changes will constitute your acceptance of such changes.
2. PURCHASE TERMS & REFUND POLICY
By making a purchase on our website, you confirm that you are at least the age of majority in your country, state, or province of residence. If you are a parent or guardian purchasing for a minor, you provide consent for their use of our Site and Products. Please note that children under the age of 18 are prohibited from accessing or purchasing our Products and Services. You agree to use our Products and Services for lawful purposes only and in compliance with all applicable laws. It is strictly prohibited to use our Site, Products, or Services to engage in illegal activities, infringe on intellectual property rights, or transmit malicious software. Due to the digital nature of our Products, all sales are final, and refunds, exchanges, or cancellations cannot be provided once the Product has been purchased and accessed. However, if you are dissatisfied with your purchase, we encourage you to email us at hello@profbenstoem.com. We are committed to addressing your concerns and working towards improving your experience. To ensure continued value, all updates or revisions to purchased Products will be provided at no additional cost for the lifetime of our business.
If you select a payment plan, you are responsible for ensuring all scheduled payments are made on time. A late fee of 3% per week will be applied to any overdue balances. In cases where payments remain outstanding, we reserve the right to suspend your access to the Product and forward unpaid accounts to collections. Regardless of any attempt to request a refund or discontinue the use of the Product, you remain obligated to complete the full payment plan.
If you encounter a billing error or charge dispute, we ask that you contact us directly to resolve the issue. We strive to address all concerns amicably and efficiently. Initiating a charge dispute through your financial institution without first contacting us is considered a violation of this agreement, and we reserve the right to recover any associated costs, including legal fees. Promotional discounts or special pricing offered after your purchase cannot be retroactively applied. To take advantage of future promotions, we encourage you to subscribe to our updates.
For further assistance or inquiries, please email us at hello@profbenstoem.com.
2. DISPUTE AND PAYMENT TERMS
We are committed to resolving any disputes amicably and encourage you to contact us directly at hello@profbenstoem.com if you experience any issues with billing or payments. We aim to address your concerns efficiently and ensure a satisfactory resolution. Should disputes arise, we request that you work with us before escalating to your financial institution. In cases where a charge dispute is initiated without prior communication, we reserve the right to recover costs associated with resolving the matter, including legal fees. Late payments on any agreed payment plan will incur a fee of 3% per week on the outstanding balance. If payments remain overdue, we may suspend your access to Products and forward the account to collections.
3. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment and credit card information is always encrypted during transfer over networks.
You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of our Products and/or Service, or any Content on the Site through which our Products and/or Services and/or Content are provided, without express written permission by us.
We are not responsible if information made available on this Site or within our Content, Products and/or Services is not accurate, complete, updated, or current. The material on this Site is provided for general educational and informational purposes only and should not be relied upon or used as the sole basis for making decisions, related to your business or otherwise, without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the Content on this Site, or in our Products and/or Services is at your own risk. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site, Content, Products and/or Services.
You understand that the information presented in any of our Content, Products, and/or Services via this Site is not legal, financial, therapeutic, mental health, or medical advice and that the Company is not a professional service provider. All of the information provided throughout the Site, Content, Product and/or Services, including the resources delivered via phone/video conference, e-mail, in an online forum, live events including webinars and video/audio recordings educating about business, laws, health, wellness, and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. You understand that the Company does not and will not provide any form of diagnosis, legal advice, medical advice, financial advice, or mental health advice. You use this Site, Content, Products and/or Services at your own risk and do so voluntarily.
You accept that we are not responsible or liable for any harm or damages to you, your business, life, physical and mental health, financial, or otherwise caused by or resulting from your use of our Site, Content, Product and/or Services, including any actions you choose to make, or not make, as a result of using our Site, Content, Products and/or Services. You should consult with a professional for any and all individual questions or concerns.
4. ACCOUNT CREATION
In order to use the Service/Site, you may be required to provide information about yourself including your name, email address, username, password, and other personal information. You agree that any registration information you give to Prof. Carina Benstoem will always be accurate, correct, and up to date. You agree to 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. In the event that your account is compromised, you agree to notify us in writing (via email) immediately and change your password. Any violation of these terms are grounds for removal and banishment from the site at our discretion. No refunds, partial or otherwise, will be provided in this type of situation.
5. LAWFUL PURPOSES
You may use the Site, our Content, Products and/or Services for lawful purposes only. You agree to not post or transmit through the Site any material which violates or infringes the rights of others, or which is racist, unethical, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, discriminatory, 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. Doing so is grounds for termination of service, at our discretion. No refunds, partial or otherwise, will be provided in this type of situation. We respects the rights of others and we expect users of our Sites, Products and Services to do the same. This Agreement prohibits the infringement of the copyrights of others, and it is also the Company’s policy that Company may remove, suspend, terminate access, or take other appropriate action against offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
6. ORDER CONFIRMATION
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 at: hello@profbenstoem.com.
7. PRODUCT DESCRIPTION
We endeavor to describe and display the Site, Product and/or Service as accurately as possible. While we try to be as clear as possible in explaining the content of our products, 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.
8. PRODUCTS OR SERVICES
Certain Products or Services may be available exclusively online through the Site. These Products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product or Service at any time. Any offer for any Product or Service made on this Site is void where prohibited. We do not warrant that the quality of any Products, Services, Content, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site, Content, Product or Service will be corrected.
9. PERSONAL INFORMATION
We take your privacy seriously and handle all personal data in compliance with the General Data Protection Regulation (GDPR). Our Privacy Policy is available at [insert updated URL here], outlining how we collect, use, and protect your information. Users may contact us at hello@profbenstoem.com to request the deletion or portability of their personal data or to object to processing. We do not share or misuse personal data, ensuring your privacy and data security.
10. OUR INTELLECTUAL PROPERTY
This Site, Content, Products and Service contain intellectual property owned by @prof_benstoem, including, but not limited to, trademarks, copyrights, proprietary information and other intellectual property as well as the @prof_benstoem name, logo, all designs, text, graphics, digital products, other files, and the selection and arrangement of such.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works based on, distribute, display, reproduce, or perform, or in any way exploit in any format whatsoever any of the Site, Service Content, Course and Program Materials, or other intellectual property, in whole or in part without our prior express and written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
By purchasing our Product and/or Services, you are hereby granted one limited, non-assignable, non-exclusive, non-transferrable, non-sublicensable, revocable license to the Product and/or Services that you purchased.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any non-commercial or commercial purposes, any portion of the Site, Content, Products and/or Services purchased via the Site, use of the purchased materials/products, or access to any course or products purchased. This agreement and all Product and/or Services purchased are not transferable or assignable without the Company’s prior written consent.
You agree to not share access to the Products and/or Services purchased or other proprietary materials with others. This includes parties that have not purchased the Products, or any other third-party that Company has not authorized access to. If you violate these Terms, such as giving or selling a copy of our Products and/or Services to others, you agree to pay for the license of the purchased goods or services that you gifted or sold to others and we reserve the right to revoke your license and terminate your access to our Site, Products, and/or Services, temporarily or permanently.
By accessing or using our Products and/or Services, you agree to treat any and all information provided by us or obtained through the use of the product as confidential and proprietary. You shall not disclose, share, distribute, reproduce, or use such confidential information for any purpose other than the permitted use of the digital product.
Confidential information includes, but is not limited to, any trade secrets, proprietary knowledge, algorithms, technical specifications, designs, code, documentation, information that is not generally known to the public, or any other information designated as confidential.
You acknowledge that the confidential information is valuable and constitutes our intellectual property.
You agree to exercise reasonable care to prevent the unauthorized disclosure or use of the confidential information. This duty of confidentiality shall continue even after the termination or expiration of your use of our Products and/or Services.
11. MODIFICATIONS TO THE PRODUCTS AND/OR SERVICE AND PRICES
Prices for our Products and/or Service are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service or Products (or any part or content provided) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Products and/or Service.
12. NO GUARANTEES
13. AFFILIATE LINKS
Our Site may include affiliate links, which allow us to earn a commission if you purchase products or services through these links. These links do not impact the pricing you pay, and we only promote products and services we believe in. Affiliate links are clearly identified where used. For any questions about our affiliate partnerships, please contact us at hello@profbenstoem.com.
14. NON-DISPARAGEMENT
You agree to refrain from making any statements or comments of a defamatory, derogatory or disparaging nature, either publicly or privately, to any third-party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law. This also includes directing others to do so. This clause does not restrict you from leaving honest reviews about your experience, provided they are truthful and comply with applicable laws. This section survives termination.
15. CONFIDENTIALITY
We value the confidentiality of our community. Participants in group settings or live sessions agree to respect the privacy of others and not disclose any shared information without explicit consent. If there is a private group environment included in your purchase (for example, online meetings) you understand and agree to not publish any information in any such community with any expectation of privacy or confidentiality. Examples of prohibited disclosures include sharing course materials, live session recordings, or user discussions with external parties without written consent. Breaches of confidentiality, such as sharing private details or materials with third parties, may result in immediate suspension from the program and legal action. If you encounter a breach, please report it immediately to hello@profbenstoem.com. By participating, you agree to maintain the confidentiality of any sensitive information shared.
Also, please refrain from sending Company and its representatives any confidential information.
16. LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
Prof. Carina Benstoem provides educational content for academic support. You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site, Products and or Services. Additionally, Prof. Carina Benstoem 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 Prof. Carina Benstoem 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 Prof. Carina Benstoem cumulative liability to you exceed the total purchase price of the product/service you have purchased from Prof. Carina Benstoem and if no purchase has been made by you, Prof. Carina Benstoem’s cumulative liability to you shall not exceed $100.
Without limiting the foregoing “Limitation of Liability” provision, the Site, Products and/or Services is provided to you “AS IS” and Prof. Carina Benstoem specifically DISCLAIMS ALL WARRANTIES OR ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND CONTENTS. FURTHER, WE DO NOT WARRANT THAT ACCESS TO THIS SITE OR CONTENT WILL BE UNINTERRUPTED.
17. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Prof. Carina Benstoem its affiliates, providers, or related third-parties, and each of their respective representatives and agents, from and against any and all claims, losses, costs, damages, liabilities and expenses (including, but not limited to attorney’s fees), arising from: your activities in connection with our Site, Products, and/or Services; your violations of these Terms; your improper or unauthorized use of our Site, Products, and/or Services; any claims or allegations that you transmit through or in connection with our Site, Product(s), and/or Services that infringes or violates intellectual property, privacy or other third-party rights; any unlawful or illegal conduct engaged by you under any state, federal or common law in connection with the use of or access to our Site, Product(s), and/or Services.
18. CHANGES TO POSTED TERMS
We may at any time amend these Terms. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Site. Any use of the Site, Products, and/or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site, Products, and Service, including these Terms at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms.
19. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Prof. Carina Benstoem pertaining to this Site, Products and/or Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Prof. Carina Benstoem shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by Prof. Carina Benstoem.
20. NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Prof. Carina Benstoem
E-mail address: hello@profbenstoem.com
21. GOVERNING LAW; VENUE
These Terms and Conditions are governed by the laws of Germany. However, they also consider the international nature of our audience. Any further disputes will be subject to the exclusive jurisdiction of German courts. While we acknowledge the international reach of our services, international users are advised to comply with their local laws. In case of disputes involving international users, the parties agree to resolve conflicts through mediation or arbitration before initiating legal action.
22. 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 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.
23. SEVERABILITY
If any term, provision, covenant, or condition of these Terms are 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.
24. ASSIGNMENT
These Terms bind and inure to the benefit of the Parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
25. ERRORS & OMISSIONS
The Site, Content, Products and/or Services may contain typographical errors or inaccuracies and may not be current or complete. We reserve the right to correct these errors, inaccuracies, or omissions at any time without prior notice. We also make no representation or warranty as to the information provided, regardless of its source. We disclaim all liability for any inaccuracies, errors or omissions in the Site, in our Content, Products and/or Services.
26. TESTIMONIAL DISCLAIMER
Our Site, Products, and/or Services may contain testimonials by users of our Site or former customers or our Products and/or Services. The views and opinions expressed in these testimonials are solely those of the individual or business and do not reflect our views or opinions. We do not pay or compensate these individuals or businesses for their testimonials and are not affiliated with them. Individual results may vary, and testimonials are not intended to represent or guarantee that you or anyone will achieve the same or similar result. All testimonials are provided by real persons with real life experiences and may not represent a typical user’s experience. We do not claim, and you should not assume, that all users will have the same results or experiences as those expressed in the testimonials. Your individual results may vary.
27. FEEDBACK/REVIEWS
Any communication from you that is directed to us or is about us will not be privileged or confidential and may be shared with third-parties. We own such communication from you and any such communication displayed on our Site, Products and/or Services, including without limitation social media posts, direct messages and emails and we will not provide credit to or pay royalties to any such unsolicited user content. We reserve the right to republish and use any such communication provided by you in whole or in part as necessary in our business operations and course of business. You agree to not communicate with us for any unlawful or illegal purpose.
28. THIRD-PARTY LINKS AND/OR PRODUCTS
Our Site or Products may use affiliate links to promote certain Content, Companies, third-parties, and products or services. We use affiliate marketing to receive a commission, service and/or complimentary product for purchases made by you on the affiliate website using such links from our Site and/or Products. You accept liability for any and all harm or damages or benefits of clicking on the affiliate links contained on our Site and/or Products. We in no way guarantee the quality of the affiliate product or service provided by any third-party and bear no liability with respect to such product, service or experience.
Our Site or Products may contain links to other websites, which are not affiliate links. These links are only provided for the user’s convenience. We do not endorse or verify the accuracy of the information contained on third-party websites accessed through these links. We in no way guarantee the quality of the third-party product or service and bear no liability with respect to such product, service or experience. Any questions or concerns regarding a third-party website or resources should be directed to the third-party. We bear no responsibility for any action or non-action you take associated with the third-party.
Our Site or Products may include suggestions or recommendations regarding products. Please note that these suggested products are provided for informational purposes and do not constitute an endorsement, guarantees, or warranties of any kind even if an affiliate relationship exists. You understand and acknowledge that the selection, purchase and use of any suggested products are solely your responsibility, and you are encouraged to conduct your own independent research, carefully read product labels, reviews and consult with professionals before making any purchase and/or using the suggested products. You should also be aware of your own allergies, sensitivities, or other individual factors that may affect the suitability for using the suggested products.
29. RESTRICTIONS ON MASTER RESELL RIGHTS
You acknowledge and agree that all Products, Services, and materials provided by us are subject to specific usage rights.
Under no circumstances are you permitted to sell, transfer, or distribute any of Prof. Carina Benstoem’s Products and Services under master resell rights. The Products, Services, and materials offered by us are for your personal or business use only, as specified in these Terms. You are strictly prohibited from granting master resell rights, private label rights, or any other rights that enable third parties to resell or distribute our Products and Services. Selling, licensing, or transferring the rights to any third party constitutes a breach of these Terms. Unauthorized use or distribution of these materials may result in legal action.
In the event of a violation of this clause, we reserve the right to terminate your access to our Site, Content, Products and Services without prior notice. Additionally, we may pursue any available legal remedies to protect our intellectual property and enforce this restriction. This restriction does not apply to any specific agreements or licenses expressly granted by the Company in writing. Any exceptions must be documented in a separate, written agreement between the Company and you.
30. RULES OF CONDUCT
As a valued member of our community, you are required to adhere to the following rules of conduct while participating in discussions, forums, and any other interactive features of our Products and/or Services, where applicable. These rules are designed to ensure a positive and respectful environment for all participants:
31. RECORDINGS AND USE OF LIVE TRAINING SESSIONS
By participating in live training sessions or events hosted by Prof. Carina Benstoem, you acknowledge and agree that these sessions may be recorded and later used as pre-recorded lessons for educational purposes. You hereby grant the irrevocable and unrestricted right to use, reproduce, distribute, display, and create derivative works from the recordings, including your voice, image, likeness and other attributes captured during these sessions and recordings.
If you ask questions or participate in discussions during live training sessions, you understand and consent to the recording of your voice, image, and likeness as part of the overall recording.
The Company will make reasonable efforts to exclude any personally identifiable or sensitive information from the recordings before using them for pre-recorded lessons. However, it is your responsibility to avoid sharing any confidential or sensitive information during live sessions.
You understand that certain topics may be anonymously and hypothetically shared with others for training, supervision, mentoring, evaluation, further coach professional development, and/or consultation purposes. You consent to the release of this information provided it is released anonymously.
The recordings obtained from live training sessions will be used solely for educational purposes within the Company’s business. The recordings may be made available to other members who were not present during the live session to benefit from the knowledge shared and future members.
Withdrawal of Consent. If you wish to withdraw your consent to the use of your voice, image, and likeness in the recordings, you must notify the Company in writing. Please note that this withdrawal will only apply to future use of the recordings and not to any recordings already in use.
32. GUEST TRAINERS
We may occasionally invite guest trainers or experts to provide educational content, workshops, or live sessions as part of our Services and/or Products, including without limitation our Digital Product Bootcamp. The following terms apply to the guest trainers and their content:
33. DIGITAL PRODUCT MASTERCLASSES TERMS
In addition to the above Terms, the following Terms also apply to any purchase of Digital Masterclasses.
Group Setting: Because our digital masterclasses are group masterclasses, we will be working with you and a number of other clients in a group setting and facilitating discussions around areas that most participants may need help with. This is distinct from one-on-one consulting, which provides each client with specific and individualized advice, strategy and assistance.
We both agree to communicate openly and honestly. If myself or another group participant ever says or does anything that upsets or offends you, please bring it to my attention right away.
Group coaching is not group therapy, even if some discussions may address certain obstacles, mindset, or mental clarity, under no circumstances will we provide therapy or render a medical or psychological diagnosis, opinion or advice or engage in activity that may require specialized training and/or licensing.
The Parties agree that the group coaching relationship entered into under this Agreement is not an exclusive agreement. You acknowledge and agree that we may be engaged with or enter into similar agreements with others.
We agree to keep all conversations and information with you private and confidential, as allowable by law. Notwithstanding, you understand and acknowledge that group coaching may involve the sharing of information with other participants in the group sessions.
You acknowledge that we cannot control the actions of others or other participants and cannot guarantee that the information shared in the digital masterclasses will be treated as confidential by all participants in attendance though each participant contractually agrees to do so.
You also acknowledge your continuing obligation to raise any confidentiality questions or concerns with us in a timely manner.
You also acknowledge that, in connection with these Terms, you may be furnished with, or given access to, certain confidential and/or proprietary information, and that such information shall not be disclosed to any third party and shall not be used for purposes other than those contemplated by these Terms.
Because the digital masterclasses have more than one participant present, the sessions will begin on time, every time. Please join the training at least 5 minutes before the scheduled start time.
You understand that finding a day and time that works for each participant in the group can be difficult, which is why the group training will be recorded for you to review at a later time if you are unable to virtually attend.
34. CONTACT US
For support or inquiries, you can reach us at hello@profbenstoem.com. Alternatively, you can submit a query via our support form on the website [profbenstoem.com].
These Terms & Conditions govern your use of and access to our website and/or the hosted platform on which you purchased from us, and any of our social media channels/accounts, blogs, emails or mobile applications (collectively “Site”) and your use or purchase of our services and/or Products.
We recommend reviewing these Terms regularly to ensure you remain informed about any updates or changes.
DEFINITIONS
The terms “we”, “us” “our” and “Company” refers to @prof_benstoem on Instagram.
The terms “user,” “you” and “your” refers to site visitors, customers, and any other purchaser of our Products.
The term “Content” shall include but is not limited to the Site, information contained on the Site, our materials/information, Products, services, any digital content delivered or downloaded via email or other electronic means, webinars, courses, classes, live posts and the like, whether purchased or not.
The term “Product” and “Products” shall include but is not limited to materials, resources or information provided to you by us in our digital product, course and/or service or any digital content or information delivered or downloaded via email or other electronic means, webinars, documents, programs, courses, classes, PDFs, video calls, live posts and the like.
1. USER’S ACKNOWLEDGEMENT & ACCEPTANCE OF TERMS:
By using this Site, our Services, or purchasing from the Company, you are consenting to these posted Terms & Conditions (“Terms”), including any additional terms and conditions and policies referenced here and/or available by hyperlink.
Please read these Terms carefully before purchasing from us.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT PURCHASE OUR PRODUCT OR SERVICE.
We reserve the right to modify these Terms and Conditions at any time. Significant changes will be communicated to our users via email or a prominent notice on our website. We recommend that users review these Terms periodically to stay informed about any updates. Continued use of our services after the posting of changes will constitute your acceptance of such changes.
2. PURCHASE TERMS & REFUND POLICY
By making a purchase on our website, you confirm that you are at least the age of majority in your country, state, or province of residence. If you are a parent or guardian purchasing for a minor, you provide consent for their use of our Site and Products. Please note that children under the age of 18 are prohibited from accessing or purchasing our Products and Services. You agree to use our Products and Services for lawful purposes only and in compliance with all applicable laws. It is strictly prohibited to use our Site, Products, or Services to engage in illegal activities, infringe on intellectual property rights, or transmit malicious software. Due to the digital nature of our Products, all sales are final, and refunds, exchanges, or cancellations cannot be provided once the Product has been purchased and accessed. However, if you are dissatisfied with your purchase, we encourage you to email us at hello@profbenstoem.com. We are committed to addressing your concerns and working towards improving your experience. To ensure continued value, all updates or revisions to purchased Products will be provided at no additional cost for the lifetime of our business.
If you select a payment plan, you are responsible for ensuring all scheduled payments are made on time. A late fee of 3% per week will be applied to any overdue balances. In cases where payments remain outstanding, we reserve the right to suspend your access to the Product and forward unpaid accounts to collections. Regardless of any attempt to request a refund or discontinue the use of the Product, you remain obligated to complete the full payment plan.
If you encounter a billing error or charge dispute, we ask that you contact us directly to resolve the issue. We strive to address all concerns amicably and efficiently. Initiating a charge dispute through your financial institution without first contacting us is considered a violation of this agreement, and we reserve the right to recover any associated costs, including legal fees. Promotional discounts or special pricing offered after your purchase cannot be retroactively applied. To take advantage of future promotions, we encourage you to subscribe to our updates.
For further assistance or inquiries, please email us at hello@profbenstoem.com.
2. DISPUTE AND PAYMENT TERMS
We are committed to resolving any disputes amicably and encourage you to contact us directly at hello@profbenstoem.com if you experience any issues with billing or payments. We aim to address your concerns efficiently and ensure a satisfactory resolution. Should disputes arise, we request that you work with us before escalating to your financial institution. In cases where a charge dispute is initiated without prior communication, we reserve the right to recover costs associated with resolving the matter, including legal fees. Late payments on any agreed payment plan will incur a fee of 3% per week on the outstanding balance. If payments remain overdue, we may suspend your access to Products and forward the account to collections.
3. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment and credit card information is always encrypted during transfer over networks.
You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of our Products and/or Service, or any Content on the Site through which our Products and/or Services and/or Content are provided, without express written permission by us.
We are not responsible if information made available on this Site or within our Content, Products and/or Services is not accurate, complete, updated, or current. The material on this Site is provided for general educational and informational purposes only and should not be relied upon or used as the sole basis for making decisions, related to your business or otherwise, without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the Content on this Site, or in our Products and/or Services is at your own risk. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site, Content, Products and/or Services.
You understand that the information presented in any of our Content, Products, and/or Services via this Site is not legal, financial, therapeutic, mental health, or medical advice and that the Company is not a professional service provider. All of the information provided throughout the Site, Content, Product and/or Services, including the resources delivered via phone/video conference, e-mail, in an online forum, live events including webinars and video/audio recordings educating about business, laws, health, wellness, and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. You understand that the Company does not and will not provide any form of diagnosis, legal advice, medical advice, financial advice, or mental health advice. You use this Site, Content, Products and/or Services at your own risk and do so voluntarily.
You accept that we are not responsible or liable for any harm or damages to you, your business, life, physical and mental health, financial, or otherwise caused by or resulting from your use of our Site, Content, Product and/or Services, including any actions you choose to make, or not make, as a result of using our Site, Content, Products and/or Services. You should consult with a professional for any and all individual questions or concerns.
4. ACCOUNT CREATION
In order to use the Service/Site, you may be required to provide information about yourself including your name, email address, username, password, and other personal information. You agree that any registration information you give to Prof. Carina Benstoem will always be accurate, correct, and up to date. You agree to 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. In the event that your account is compromised, you agree to notify us in writing (via email) immediately and change your password. Any violation of these terms are grounds for removal and banishment from the site at our discretion. No refunds, partial or otherwise, will be provided in this type of situation.
5. LAWFUL PURPOSES
You may use the Site, our Content, Products and/or Services for lawful purposes only. You agree to not post or transmit through the Site any material which violates or infringes the rights of others, or which is racist, unethical, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, discriminatory, 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. Doing so is grounds for termination of service, at our discretion. No refunds, partial or otherwise, will be provided in this type of situation. We respects the rights of others and we expect users of our Sites, Products and Services to do the same. This Agreement prohibits the infringement of the copyrights of others, and it is also the Company’s policy that Company may remove, suspend, terminate access, or take other appropriate action against offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
6. ORDER CONFIRMATION
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 at: hello@profbenstoem.com.
7. PRODUCT DESCRIPTION
We endeavor to describe and display the Site, Product and/or Service as accurately as possible. While we try to be as clear as possible in explaining the content of our products, 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.
8. PRODUCTS OR SERVICES
Certain Products or Services may be available exclusively online through the Site. These Products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product or Service at any time. Any offer for any Product or Service made on this Site is void where prohibited. We do not warrant that the quality of any Products, Services, Content, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site, Content, Product or Service will be corrected.
9. PERSONAL INFORMATION
We take your privacy seriously and handle all personal data in compliance with the General Data Protection Regulation (GDPR). Our Privacy Policy is available at [insert updated URL here], outlining how we collect, use, and protect your information. Users may contact us at hello@profbenstoem.com to request the deletion or portability of their personal data or to object to processing. We do not share or misuse personal data, ensuring your privacy and data security.
10. OUR INTELLECTUAL PROPERTY
This Site, Content, Products and Service contain intellectual property owned by @prof_benstoem, including, but not limited to, trademarks, copyrights, proprietary information and other intellectual property as well as the @prof_benstoem name, logo, all designs, text, graphics, digital products, other files, and the selection and arrangement of such.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works based on, distribute, display, reproduce, or perform, or in any way exploit in any format whatsoever any of the Site, Service Content, Course and Program Materials, or other intellectual property, in whole or in part without our prior express and written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
By purchasing our Product and/or Services, you are hereby granted one limited, non-assignable, non-exclusive, non-transferrable, non-sublicensable, revocable license to the Product and/or Services that you purchased.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any non-commercial or commercial purposes, any portion of the Site, Content, Products and/or Services purchased via the Site, use of the purchased materials/products, or access to any course or products purchased. This agreement and all Product and/or Services purchased are not transferable or assignable without the Company’s prior written consent.
You agree to not share access to the Products and/or Services purchased or other proprietary materials with others. This includes parties that have not purchased the Products, or any other third-party that Company has not authorized access to. If you violate these Terms, such as giving or selling a copy of our Products and/or Services to others, you agree to pay for the license of the purchased goods or services that you gifted or sold to others and we reserve the right to revoke your license and terminate your access to our Site, Products, and/or Services, temporarily or permanently.
By accessing or using our Products and/or Services, you agree to treat any and all information provided by us or obtained through the use of the product as confidential and proprietary. You shall not disclose, share, distribute, reproduce, or use such confidential information for any purpose other than the permitted use of the digital product.
Confidential information includes, but is not limited to, any trade secrets, proprietary knowledge, algorithms, technical specifications, designs, code, documentation, information that is not generally known to the public, or any other information designated as confidential.
You acknowledge that the confidential information is valuable and constitutes our intellectual property.
You agree to exercise reasonable care to prevent the unauthorized disclosure or use of the confidential information. This duty of confidentiality shall continue even after the termination or expiration of your use of our Products and/or Services.
11. MODIFICATIONS TO THE PRODUCTS AND/OR SERVICE AND PRICES
Prices for our Products and/or Service are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service or Products (or any part or content provided) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Products and/or Service.
12. NO GUARANTEES
- We cannot guarantee any outcome of using or consuming the Products, the Services, and/or participation in any Program. We make no guarantees other than that the course/product/service described in the product/service description shall be reasonably provided to you in accordance with this Agreement. You acknowledge that Company cannot guarantee any results of the Products/Services/Program as such outcomes are based on subjective factors (including, but not limited to, your participation/implementation/etc.) that cannot be controlled by Company. Any testimonials or reviews shared by Company are not a representation of guaranteed results, only possible results. While we strive to provide value through our Products and Services, individual results may vary based on factors beyond our control. Refunds cannot be provided based on unmet expectations.
- We occasionally collaborate with guest trainers to enrich our educational offerings. While we strive to ensure quality, we are not liable for the accuracy or applicability of the content provided by guest trainers. If you have concerns about a specific guest trainer’s content, please email hello@profbenstoem.com. We will review the matter and address any issues within a reasonable timeframe. Guest trainers’ materials are for personal use only and may not be reproduced or distributed without prior written consent. links under which Company may benefit monetarily. Company in no way guarantees the quality of the product or service provided by any third-party and bears no liability with respect to such service or experience.
13. AFFILIATE LINKS
Our Site may include affiliate links, which allow us to earn a commission if you purchase products or services through these links. These links do not impact the pricing you pay, and we only promote products and services we believe in. Affiliate links are clearly identified where used. For any questions about our affiliate partnerships, please contact us at hello@profbenstoem.com.
14. NON-DISPARAGEMENT
You agree to refrain from making any statements or comments of a defamatory, derogatory or disparaging nature, either publicly or privately, to any third-party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law. This also includes directing others to do so. This clause does not restrict you from leaving honest reviews about your experience, provided they are truthful and comply with applicable laws. This section survives termination.
15. CONFIDENTIALITY
We value the confidentiality of our community. Participants in group settings or live sessions agree to respect the privacy of others and not disclose any shared information without explicit consent. If there is a private group environment included in your purchase (for example, online meetings) you understand and agree to not publish any information in any such community with any expectation of privacy or confidentiality. Examples of prohibited disclosures include sharing course materials, live session recordings, or user discussions with external parties without written consent. Breaches of confidentiality, such as sharing private details or materials with third parties, may result in immediate suspension from the program and legal action. If you encounter a breach, please report it immediately to hello@profbenstoem.com. By participating, you agree to maintain the confidentiality of any sensitive information shared.
Also, please refrain from sending Company and its representatives any confidential information.
16. LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
Prof. Carina Benstoem provides educational content for academic support. You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site, Products and or Services. Additionally, Prof. Carina Benstoem 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 Prof. Carina Benstoem 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 Prof. Carina Benstoem cumulative liability to you exceed the total purchase price of the product/service you have purchased from Prof. Carina Benstoem and if no purchase has been made by you, Prof. Carina Benstoem’s cumulative liability to you shall not exceed $100.
Without limiting the foregoing “Limitation of Liability” provision, the Site, Products and/or Services is provided to you “AS IS” and Prof. Carina Benstoem specifically DISCLAIMS ALL WARRANTIES OR ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND CONTENTS. FURTHER, WE DO NOT WARRANT THAT ACCESS TO THIS SITE OR CONTENT WILL BE UNINTERRUPTED.
17. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Prof. Carina Benstoem its affiliates, providers, or related third-parties, and each of their respective representatives and agents, from and against any and all claims, losses, costs, damages, liabilities and expenses (including, but not limited to attorney’s fees), arising from: your activities in connection with our Site, Products, and/or Services; your violations of these Terms; your improper or unauthorized use of our Site, Products, and/or Services; any claims or allegations that you transmit through or in connection with our Site, Product(s), and/or Services that infringes or violates intellectual property, privacy or other third-party rights; any unlawful or illegal conduct engaged by you under any state, federal or common law in connection with the use of or access to our Site, Product(s), and/or Services.
18. CHANGES TO POSTED TERMS
We may at any time amend these Terms. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Site. Any use of the Site, Products, and/or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site, Products, and Service, including these Terms at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms.
19. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Prof. Carina Benstoem pertaining to this Site, Products and/or Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Prof. Carina Benstoem shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by Prof. Carina Benstoem.
20. NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Prof. Carina Benstoem
E-mail address: hello@profbenstoem.com
21. GOVERNING LAW; VENUE
These Terms and Conditions are governed by the laws of Germany. However, they also consider the international nature of our audience. Any further disputes will be subject to the exclusive jurisdiction of German courts. While we acknowledge the international reach of our services, international users are advised to comply with their local laws. In case of disputes involving international users, the parties agree to resolve conflicts through mediation or arbitration before initiating legal action.
22. 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 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.
23. SEVERABILITY
If any term, provision, covenant, or condition of these Terms are 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.
24. ASSIGNMENT
These Terms bind and inure to the benefit of the Parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
25. ERRORS & OMISSIONS
The Site, Content, Products and/or Services may contain typographical errors or inaccuracies and may not be current or complete. We reserve the right to correct these errors, inaccuracies, or omissions at any time without prior notice. We also make no representation or warranty as to the information provided, regardless of its source. We disclaim all liability for any inaccuracies, errors or omissions in the Site, in our Content, Products and/or Services.
26. TESTIMONIAL DISCLAIMER
Our Site, Products, and/or Services may contain testimonials by users of our Site or former customers or our Products and/or Services. The views and opinions expressed in these testimonials are solely those of the individual or business and do not reflect our views or opinions. We do not pay or compensate these individuals or businesses for their testimonials and are not affiliated with them. Individual results may vary, and testimonials are not intended to represent or guarantee that you or anyone will achieve the same or similar result. All testimonials are provided by real persons with real life experiences and may not represent a typical user’s experience. We do not claim, and you should not assume, that all users will have the same results or experiences as those expressed in the testimonials. Your individual results may vary.
27. FEEDBACK/REVIEWS
Any communication from you that is directed to us or is about us will not be privileged or confidential and may be shared with third-parties. We own such communication from you and any such communication displayed on our Site, Products and/or Services, including without limitation social media posts, direct messages and emails and we will not provide credit to or pay royalties to any such unsolicited user content. We reserve the right to republish and use any such communication provided by you in whole or in part as necessary in our business operations and course of business. You agree to not communicate with us for any unlawful or illegal purpose.
28. THIRD-PARTY LINKS AND/OR PRODUCTS
Our Site or Products may use affiliate links to promote certain Content, Companies, third-parties, and products or services. We use affiliate marketing to receive a commission, service and/or complimentary product for purchases made by you on the affiliate website using such links from our Site and/or Products. You accept liability for any and all harm or damages or benefits of clicking on the affiliate links contained on our Site and/or Products. We in no way guarantee the quality of the affiliate product or service provided by any third-party and bear no liability with respect to such product, service or experience.
Our Site or Products may contain links to other websites, which are not affiliate links. These links are only provided for the user’s convenience. We do not endorse or verify the accuracy of the information contained on third-party websites accessed through these links. We in no way guarantee the quality of the third-party product or service and bear no liability with respect to such product, service or experience. Any questions or concerns regarding a third-party website or resources should be directed to the third-party. We bear no responsibility for any action or non-action you take associated with the third-party.
Our Site or Products may include suggestions or recommendations regarding products. Please note that these suggested products are provided for informational purposes and do not constitute an endorsement, guarantees, or warranties of any kind even if an affiliate relationship exists. You understand and acknowledge that the selection, purchase and use of any suggested products are solely your responsibility, and you are encouraged to conduct your own independent research, carefully read product labels, reviews and consult with professionals before making any purchase and/or using the suggested products. You should also be aware of your own allergies, sensitivities, or other individual factors that may affect the suitability for using the suggested products.
29. RESTRICTIONS ON MASTER RESELL RIGHTS
You acknowledge and agree that all Products, Services, and materials provided by us are subject to specific usage rights.
Under no circumstances are you permitted to sell, transfer, or distribute any of Prof. Carina Benstoem’s Products and Services under master resell rights. The Products, Services, and materials offered by us are for your personal or business use only, as specified in these Terms. You are strictly prohibited from granting master resell rights, private label rights, or any other rights that enable third parties to resell or distribute our Products and Services. Selling, licensing, or transferring the rights to any third party constitutes a breach of these Terms. Unauthorized use or distribution of these materials may result in legal action.
In the event of a violation of this clause, we reserve the right to terminate your access to our Site, Content, Products and Services without prior notice. Additionally, we may pursue any available legal remedies to protect our intellectual property and enforce this restriction. This restriction does not apply to any specific agreements or licenses expressly granted by the Company in writing. Any exceptions must be documented in a separate, written agreement between the Company and you.
30. RULES OF CONDUCT
As a valued member of our community, you are required to adhere to the following rules of conduct while participating in discussions, forums, and any other interactive features of our Products and/or Services, where applicable. These rules are designed to ensure a positive and respectful environment for all participants:
- Respectful Communication: Always engage in respectful and courteous communication with fellow community members, moderators, and administrators. Do not use language or engage in behavior that may be considered offensive, harmful, or discriminatory.
- No Spam or Self-Promotion: Do not engage in spamming or excessive self-promotion within the community. Promotion of external products, services, or websites should only be done in designated areas with permission from Prof. Carina Benstoem.
- Confidentiality and Privacy: Respect the privacy of other members and do not share their personal information without their explicit consent. Additionally, refrain from sharing any confidential or proprietary information about our Company or other members.
- Compliance with Laws and Regulations: Do not use the community platform to engage in any illegal activities or violate any applicable laws and regulations.
- Be Supportive and Constructive: Encourage a supportive and constructive environment by offering helpful insights, feedback, and assistance to other members. Avoid any behavior that may discourage or harm the community's spirit.
- No Harassment or Bullying: Harassment, bullying, or any form of intimidation is strictly prohibited. Treat all members with kindness and consideration.
- Report Inappropriate Behavior: If you encounter any behavior that violates these rules of conduct or makes you feel uncomfortable, promptly report it to the community moderators or administrators.
- Moderator Decisions: Respect the decisions of the community moderators and administrators. They have the authority to enforce these rules and may take appropriate actions to maintain the integrity of the community.
- Intellectual Property and Copyright: Only share content in the community that you have the right to use, and always give appropriate credit to the original creators when referencing their work.
- Compliance with Terms: Ensure that all community interactions comply with the overall Terms, as well as any additional guidelines provided by the Company.
31. RECORDINGS AND USE OF LIVE TRAINING SESSIONS
By participating in live training sessions or events hosted by Prof. Carina Benstoem, you acknowledge and agree that these sessions may be recorded and later used as pre-recorded lessons for educational purposes. You hereby grant the irrevocable and unrestricted right to use, reproduce, distribute, display, and create derivative works from the recordings, including your voice, image, likeness and other attributes captured during these sessions and recordings.
If you ask questions or participate in discussions during live training sessions, you understand and consent to the recording of your voice, image, and likeness as part of the overall recording.
The Company will make reasonable efforts to exclude any personally identifiable or sensitive information from the recordings before using them for pre-recorded lessons. However, it is your responsibility to avoid sharing any confidential or sensitive information during live sessions.
You understand that certain topics may be anonymously and hypothetically shared with others for training, supervision, mentoring, evaluation, further coach professional development, and/or consultation purposes. You consent to the release of this information provided it is released anonymously.
The recordings obtained from live training sessions will be used solely for educational purposes within the Company’s business. The recordings may be made available to other members who were not present during the live session to benefit from the knowledge shared and future members.
Withdrawal of Consent. If you wish to withdraw your consent to the use of your voice, image, and likeness in the recordings, you must notify the Company in writing. Please note that this withdrawal will only apply to future use of the recordings and not to any recordings already in use.
32. GUEST TRAINERS
We may occasionally invite guest trainers or experts to provide educational content, workshops, or live sessions as part of our Services and/or Products, including without limitation our Digital Product Bootcamp. The following terms apply to the guest trainers and their content:
- Trainers' Content and Liability: We strive to collaborate with reputable professionals, however, the Company disclaims all liability for the content, advice, or opinions shared by live or guest trainers, which is being offered solely for educational and informational purposes only and does not constitute nor should it be a substitute for professional advice or consultation. You should not act or refrain from acting based on the information provided during these live guest training sessions. Any views expressed by the trainers are solely their own and do not necessarily reflect the views of the Company.
- No Guarantees or Warranties: The Company does not endorse or guarantee the accuracy, completeness, or usefulness of any information or materials provided by guest trainers. Members should exercise their own judgment and discretion when implementing any advice or strategies shared during these sessions.
- Personal Use Only: Any materials, resources, or content provided by live or guest trainers during their sessions are for the sole use and benefit of the participating members. Members agree not to reproduce, distribute, resell, or otherwise exploit any such materials for commercial purposes without the express written consent of the trainers and the Company.
- Intellectual Property Rights: All intellectual property rights related to the materials provided by live or guest trainers remain the property of the respective trainers and the Company. Members are granted a limited, non-assignable, non-exclusive, non-transferable, revocable license to use the materials solely for their personal or business purposes in connection with their membership. Any unauthorized use or distribution of these materials may result in termination of membership and potential legal action.
- Indemnification: Members agree to indemnify and hold harmless the Company and its affiliates from any claims, damages, liabilities, costs, or expenses arising out of or related to their use of the materials or content provided by live or guest trainers.
- Recording and Distribution: Members are strictly prohibited from recording, reproducing, or distributing any live sessions or guest trainer content without prior written consent from the Company.
- Modification or Cancellation of Trainer Sessions: The Company reserves the right to modify the schedule or content of live sessions and guest trainer events, or to cancel them entirely, at its discretion, with or without notice.
33. DIGITAL PRODUCT MASTERCLASSES TERMS
In addition to the above Terms, the following Terms also apply to any purchase of Digital Masterclasses.
Group Setting: Because our digital masterclasses are group masterclasses, we will be working with you and a number of other clients in a group setting and facilitating discussions around areas that most participants may need help with. This is distinct from one-on-one consulting, which provides each client with specific and individualized advice, strategy and assistance.
We both agree to communicate openly and honestly. If myself or another group participant ever says or does anything that upsets or offends you, please bring it to my attention right away.
Group coaching is not group therapy, even if some discussions may address certain obstacles, mindset, or mental clarity, under no circumstances will we provide therapy or render a medical or psychological diagnosis, opinion or advice or engage in activity that may require specialized training and/or licensing.
The Parties agree that the group coaching relationship entered into under this Agreement is not an exclusive agreement. You acknowledge and agree that we may be engaged with or enter into similar agreements with others.
We agree to keep all conversations and information with you private and confidential, as allowable by law. Notwithstanding, you understand and acknowledge that group coaching may involve the sharing of information with other participants in the group sessions.
You acknowledge that we cannot control the actions of others or other participants and cannot guarantee that the information shared in the digital masterclasses will be treated as confidential by all participants in attendance though each participant contractually agrees to do so.
You also acknowledge your continuing obligation to raise any confidentiality questions or concerns with us in a timely manner.
You also acknowledge that, in connection with these Terms, you may be furnished with, or given access to, certain confidential and/or proprietary information, and that such information shall not be disclosed to any third party and shall not be used for purposes other than those contemplated by these Terms.
Because the digital masterclasses have more than one participant present, the sessions will begin on time, every time. Please join the training at least 5 minutes before the scheduled start time.
You understand that finding a day and time that works for each participant in the group can be difficult, which is why the group training will be recorded for you to review at a later time if you are unable to virtually attend.
34. CONTACT US
For support or inquiries, you can reach us at hello@profbenstoem.com. Alternatively, you can submit a query via our support form on the website [profbenstoem.com].