This website located at www.handsandpansmedia.com (“Website”) is owned and operated by Become Betty, LLC D/B/A “Hands and Pans Media”.
Your use of the Website constitutes your acceptance of, and agreement to, the following disclaimer (“Disclaimer”). We reserve the right to modify, alter, amend or update this Disclaimer. This Disclaimer is subject to change without notice. If you do not agree with or do not accept any part of this Disclaimer, you must not use the Website.
We have made every effort to ensure that all information on the Website has been tested for accuracy. We make no guarantees regarding the results that you will see from using the information provided on the Website.
The Website disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. The Website assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.
The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. We make no representations, warranties, or guarantees. You understand that results may vary from person to person. We assume no responsibility for errors or omissions that may appear on the Website.
The Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. We make no representations or warranties in relation to the Website or the information and materials provided therein.
We make no warranty the Website will meet your requirements; will be available uninterrupted, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. We are not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold the Website, its owners, members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which we suffer as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Disclaimer (including representation or warranty); or, (iii) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
The Disclaimer will be governed and construed in accordance with the laws of the State of New York. Any controversy or claim arising out of or relating to the Disclaimer, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction therein. The place of any such arbitration shall be in or near Westchester County, New York. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
If any provision(s) of the Disclaimer is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Disclaimer not be assigned by you without our prior written consent; however, the Disclaimer may be assigned by us in our sole discretion.
All notices with respect to the Disclaimer must be in writing and made via email to [email protected] for the Website and to your email address.
Blog Coaching Disclaimer
We have made every effort to ensure that all business information, including but not limited to any references to technology or business methodology, provided on the Website has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided on the Website. We assume no responsibility for your decisions or for policies or practices that you implement based on information on the Website. Everything provided on the Website is for informational purposes only.
From time to time, the Website will publish content with recipes. All such recipes have been tried and used successfully, but results may vary from person to person. Consult your medical professional before using any recipe if you have concerns about how you may individually react to the use of any particular recipe or ingredient. By voluntarily creating and using any recipe provided here, you assume the risk of any potential injury that may result.
Photo & Video Disclaimer
Services offered through this site are the current services offered, to see availability to schedule services you will need to use our scheduling services. A contract is formed once services are scheduled and paid for. By paying for services you are agreeing to the following terms:
Deliverability: Hands and Pans will provide services agreed upon unless otherwise specified.
Cost: The total cost for services is the total amount in your checkout and due in full at the time of booking. It is understood that 50% will be non-refundable in order to hold the dates in Hands and Pans Media’s calendar.
Cancellation: Should a client need to cancel within 7 days, then 50% of the amount paid will be refunded.
Limit of Liability
Maximum Damages: Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by the Vendor.
Indemnification: Client agrees to indemnify, defend and hold harmless Vendor and its affiliate, employees, agents, independent contractors for any injury, liability, claim or other cause of action arising out of or related to services and/or product(s) provides to Client
Style: Client has spent a satisfactory amount of time reviewing Vendor’s work and has reasonable expectation that the Vendor will perform services in a similar manner and style unless otherwise specified in this Agreement.
Consistency: Vendor will use reasonable efforts to ensure Client’s desired Services are produced in a style and manner consistent with Vendor’s current portfolio and will try to incorporate any reasonable suggestion made by the Client. However, the Client understands and agrees that:
- Photo and Video services are often subjective art and the vendor has unique vision, with an ever evolving style and technique.
- Vendor will use artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions
- Although the Vendor will use reasonable effort to incorporate Client’s suggestions and desires when providing Client with the Services, Vendor shall have final say regarding the aesthetic judgment and artistic quality of the Services
- Dissatisfaction with Vendor’s aesthetic judgment or artistic ability are not valid reason for termination of this Agreement or request of any monies returned.
Governing Law: The laws of New York govern all matters arising out of or relating to this Agreement, including torts
Severability: If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
Notice: Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
Email: Vendor’s [email protected]
Force Majeure: Notwithstanding the above, either party may choose to be excused of any further obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:
- A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, infestations and damages resulting from such occurances) or
- War, Invasion, Act of Foreign Enemies, or other Hostility (whether declared or not) or
- Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism
Failure to Perform Services: In the event Vendor cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
- Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
- Issue a refund or credit based on a reasonably accurate percentage of Services rendered
- Excuse Client of any further performance and/or payment obligations in this Agreement.