Terms and Conditions

Welcome to Patricia Franke!

These terms and conditions outline the rules and regulations for the use of Patricia Franke’s Website, located at www.patriciafranke.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Patricia Franke if you do not agree to take all of the terms and conditions stated on this page. 

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing Patricia Franke, you agreed to use cookies in agreement with the Patricia Franke’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Patricia Franke and/or its licensors own the intellectual property rights for all material on Patricia Franke. All intellectual property rights are reserved. You may access this from Patricia Franke for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from Patricia Franke
  • Sell, rent or sub-license material from Patricia Franke
  • Reproduce, duplicate or copy material from Patricia Franke
  • Redistribute content from Patricia Franke

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Patricia Franke does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Patricia Franke,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Patricia Franke shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Patricia Franke reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Patricia Franke a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Patricia Franke; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Patricia Franke. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Patricia Franke’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Changes to Terms of Use.

Company reserves the right to amend or update these Terms of Use at any time with or without notice to Users, and may also add new features or functionality to, or change or remove existing features or functionality from, the Service that will be subject to the Terms of Use. Any User who continues to use the Service after any changes are made will be deemed to have agreed to those changes.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND COMPA-NY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE AR-BITRATION.

Basic Terms and Rules of Conduct

  1. You are responsible for making all arrangements necessary for You to have access to the Services and ensuring that all persons who access such through your internet con-nection are aware of these Terms of Use and comply with them.
  2. To access the Website or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of your use of the Website and Services that all the information you provide is correct, current, and complete. You agree that all information You provide to register with these Services or otherwise, includ-ing but not limited to through the use of any interactive features on the Website, is gov-erned by our Privacy Policy, and You consent to all actions We take with respect to your information consistent with our Privacy Policy.
  3. Unless otherwise noted, the Services as a whole or in part, and all materials that are part of the Services or Courses (defined below), including without limitation, the Company name, logos, processes, methods, teachings, principles/tenets, and other proprietary in-formation (collectively, “Company Content”) are copyrights, trademarks, trade secrets, trade dress or other intellectual property owned, controlled, or licensed by Company or its subsidiaries and affiliates. You may only use Company Content for your personal, non-commercial use; any other use of the Company Content without Company’s express written consent is strictly prohibited. No right, title, or interest in any Company Content is granted or transferred to You as a result of your access or use. Unless otherwise noted herein, You may not reproduce, publish, transmit, distribute, display, modify, create de-rivative works from, sell, or participate in any sale of, or exploit in any way, any part of the Services, including without limitation, the Company Content or Courses, or sharing material with others, posting excerpts of material on any social media, blogging about the material, or using such in any other way that would reasonably appear to share the Ser-vices or Service information with a non-member. Company reserves the right to immedi-ately remove You from the Service, without refund, if Company determines You have violated this policy in its sole discretion. Further, unauthorized use of the Company Con-tent is expressly prohibited by law, and may result in severe civil and criminal penalties.
  4. We welcome your comments and feedback regarding our Services and Products (de-fined below). We do not, however, accept confidential or proprietary information. Thus, all comments, feedback, ideas, suggestions, materials, information, and other submis-sions disclosed, submitted or offered to Company using Services or otherwise (collec-tively, “Comments”) are not confidential and will become and remain Company’s proper-ty. The disclosure, submission, or offer of any Comments will constitute an assignment to Company of all worldwide rights, titles, and interests, and goodwill in the Comments with-out payment of any compensation. Additionally, Comments submitted by You must not violate any right of any third party, and must not contain any libelous, abusive, obscene, or otherwise unlawful material. Company reserves the right to remove any Comments for any reason, without prior notice. Notwithstanding the foregoing, Company does not have any obligation to prescreen, monitor, edit, or remove any Comments. If your Com-ments violate these Terms of Use, You may bear legal responsibility for such Comments.
  5. You may not participate in any activity that is in violation of any federal, state, or local law.
  6. You are responsible for any activity that occurs in the real world and through your ac-count and You agree You will not sell, transfer, license or assign your account, followers, username, or any account rights. Company prohibits the creation of and You agree that You will not create an account for anyone other than yourself. You also represent that all information You provide(d) to or were provided by the Company upon registration and at all other times will be true, accurate, current, complete, and confidential, and You agree to update your information as necessary to maintain its truth, accuracy, and confidentiali-ty.
  7. You agree that You will not solicit, collect or use the login credentials or other confidential information of other Company Users.
  8. You are responsible for keeping your password secret and secure.
  9. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Ser-vices, including, without limitation, your or any other person’s credit card information, so-cial security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  10. You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provin-cial) applicable to your use of the Services and your Comments, including but not limited to, copyright laws.
  11. You must not change, modify, adapt or alter the Services or change, modify or alter an-other website so as to falsely imply that it is associated with the Services or Company.
  12. You must not create or submit unwanted email, comments or other forms of commercial or harassing communications (a/k/a “spam”) to any Company Users.
  13. You must not use domain names or web URLs in your username, if applicable, without prior written consent from Company.
  14. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or other-wise alter or interfere with the way any Company page is rendered or displayed in a us-er’s browser or device.
  15. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  16. You must not attempt to restrict another user from using or enjoying the Services and you must not encourage or facilitate violations of these Terms of Use or any other Com-pany terms.
  17. Violation of these Terms of Use may, in Company’s sole discretion, result in termination of your Company account. You understand and agree that Company cannot and will not be responsible for the Content posted on the Service and You use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Company, we can stop providing all or part of the Service to You.

General Conditions

  1. You can request deactivation of your Company account by emailing us at hello@patriciafranke.com. If We terminate your access to the Service or You request that We deactivate your account, your photos, Comments, and all other data may no longer be accessible through your account.
  2. Upon termination, unless subject to specific Course Licenses (defined below) all licenses and other rights granted to You in these Terms of Use will immediately cease.
  3. We reserve the right to refuse access to the Service to anyone for any reason at any time, without the obligation to assigning reason for doing so. Any Services, Courses, or products that required payment are offered subject to the Company’s acceptance of your order or requests. No order is deemed accepted by the Company until payment has been processed. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to You and subject to us fulfilling our previous responsibilities to You based on acceptance of your payment.
  4. We reserve the right to force forfeiture of any username for any reason.
  5. We may, but have no obligation to, remove, edit, block, and/or monitor Comments or ac-counts containing Comments that we determine in our sole discretion violates these Terms of Use.
  6. You are solely responsible for your interaction with other Users of the Service, whether online or offline. You agree that Company is not responsible or liable for the conduct of any User. Company reserves the right, but has no obligation, to monitor or become in-volved in disputes between you and other Users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.

The Services may include links to other internet sites maintained by other Users or third parties (“Linked Sites”). Company provides Linked Sites to You solely as a convenience, and the inclu-sion of Linked Sites does not imply endorsement by Company of such Linked Sites. You access Linked Sites at your own risk and by accessing them, You may leave the Services. Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Sites.

Service and Product Specific Conditions

In addition to the foregoing terms and conditions, You agree to abide by the following terms and conditions based on your use of specific Company Services and products as relevant. Any Company Content provided to You in connection with your use of the Services is for individual noncommercial use only, subject to the limited license granted with each Service License (de-fined below), or other product offering:

  1. Company Social Media Platforms and Related Pages:
    As noted above, as a feature of the Services, Company may provide a community or social media platform in conjunction with the Services, including without limitation, the Manifestation Babes Facebook group (“Facebook Group”), which are accessible via third party platforms such as YouTube, Facebook, Instagram, Twitter, Podbean, iTunes, Spoti-fy, Pinterest, and Shopify (collectively, “Third Party Platforms”). Your use of the Services is additionally subject to the terms and conditions of such Third Party Platforms, which may change from time to time. It is your responsibility to locate, access, and read the lat-est terms and conditions of such Third Party Platforms before using in any capacity. In the event of conflict between these Terms of Use and those of the Third Party Platforms, the terms of these Terms of Use will prevail. Company is not required to provide a community platform, and has complete discretion with regards to the platforms, and the nature of the interactions, dependent on the Service. With respect to the Facebook Group, You agree to the following group rules, available here: https://patriciafranke.com/group rules (“Group Rules”) linked and incorporated herein by this reference. You agree that your use of these community and social media plat-forms is a privilege and Company may limit or deny access to these platforms for mis-conduct in violation of the Group Rules or otherwise, as determined solely in Company’s discretion. Company is not required to provide notice and reserves all rights to take im-mediate and appropriate action to protect the Patricia Franke brand and image as it sees fit. As noted above, You understand and agree that your Comments in connection with such Third Party Platforms are public, as well as owned and controlled by Company, which means Company can use the Comments in any way on all Company Services, including without limitation, liking, retweeting, excerpting, or otherwise featuring the Comments in whole or in part.
  2. Paid subscriptions, products, or other offerings (each a “Course,” collectively, “Courses”):
    Any Company Content, including without limitation, Courses and Products, that are made available to download from the Website or Services is owned by Company as noted above. Use of such Company Content is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Company Content (“Ser-vice License”). To the extent any provision of the Terms of Use conflicts with the respec-tive Service License, the Service License controls. An end user will be unable to access or download some Services unless he or she first agrees to the Service License terms. TRights
  1. Some of the Services may be supported by advertising revenue and may display adver-tisements and promotions, and You hereby agree that Company may place such adver-tising and promotions in connection with the Service or on, about, or in conjunction with your Comments. The manner, mode and extent of such advertising and promotions are subject to change without specific notice, or compensation of any kind, to You.
  2. You represent and warrant that: (i) You own the Comments posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Comments on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) You agree to pay for all royalties, fees, and any other monies owed by reason of Comments You post on or through the Service; and (iv) You have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  3. Except as otherwise described in the Service’s Privacy Policy, as between You and Company, You acknowledge and agree that your relationship with Company is not a con-fidential, fiduciary, or other type of special relationship.
  4. If the User uses the Service through Company’s mobile application, User grants Compa-ny the right to use the processor, bandwidth, and storage hardware on User’s device in order to facilitate the operation of the Service.

Claims of Infringement

  1. If a User believes that any content appearing on the Service infringes the User’s copy-right rights, Company wants to hear from the User. Please forward the following infor-mation in writing at the address listed below:
        a) The User’s name, address, telephone number and e-mail address;
        b) A description of the copyrighted work(s) that the User claims has been infringed;
        c) The exact description of each place where alleged infringing material is located;
        d) A statement by the User that the User has a good faith belief that the disputed use has not been authorized by the User, its agent, or the law;
        e) The User’s electronic or physical signature or the electronic or physical signature of the person authorized to act on the User’s behalf; and
        f) A statement by the User made under penalty of perjury, that the information in the User’s notice is accurate, that the User is the copyright owner or authorized to act on the copyright owner’s behalf.

Disclaimer of Warranties

THE SERVICES, INCLUDING, WITHOUT LIMITATION, COMPANY CONTENT, IS PROVID-ED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER COMPANY, KATHRIN ZENKINA, NOR THEIR PARENT COMPANY, ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IM-PLIED, AS TO: (A) THE SERVICES (INCLUDING THE COURSES AND PRODUCTS); (B) THE COMPANY CONTENT; (C) USER CONTENT (INCLUDING COMMENTS); OR (D) SE-CURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO COMPANY OR VIA THE SERVICEs. IN ADDITION, THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WAR-RANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRA-TION AND FREEDOM FROM COMPUTER VIRUS. 

THE COMPANY PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VI-RUSES. THE COMPANY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WAR-RANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SER-VICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE COMPANY PARTIES DO NOT WAR-RANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDIC-TION, AND THE COMPANY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. 

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. 

THE COMPANY PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RE-LATED TO: (A) THE SERVICE; (B) THE COMPANY CONTENT; (C) USER CONTENT (IN-CLUDING COMMENTS); (D) YOUR USE OF, INABILITY TO USE, OR THE PERFOR-MANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVES-TIGATION BY THE COMPANY PARTIES OR LAW ENFORCEMENT AUTHORITIES RE-GARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, IN-TERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, IN-CLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOOD-WILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAIL-URE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE COM-PANY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJU-RY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. YOU EX-PRESSLY ACKNOWLEDGE AND AGREE THAT SOME OF THE EVENTS, ACTIVITIES OR ACTIONS TAKEN BY YOU WHETHER IN CONNECTION WITH THE SERVICE OR OTH-ERWISE CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF SERVICE DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED THEREWITH EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION OR INACTION OR NEGLIGENCE OF COMPANY OR BY THE ACTION, IN ACTION OR NEGLIGENCE OF OTHERS. YOU EXPRESSLY AGREE THAT COMPANY DOES NOT ASSUME RESPONSIBILITY FOR THE SUPERVISION, PREPARATION, OR CONDUCT OF ANY ACTIVITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITA-TION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR AC-TION EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PUR-CHASED FROM COMPANY, AND IF NO PURCHASE HAS BEEN MADE BY YOU, COM-PANY’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROD-UCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, SERVICE, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES. 

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUS-PECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENE-FITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RE-LEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” 

COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EM-PLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UN-KNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You (and also any third party for whom you operate an account or activity on the Website or in connection with the Services) agree to defend (at Company’s request), indemnify and hold the Company Parties harmless from and against any claims, liabilities, damages, losses, and ex-penses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities in connec-tion with the Service or those conducted on your behalf): (i) your content or Comments or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regula-tions, codes, statutes, ordinances or orders of any governmental and quasi-governmental author-ities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by You. You will cooperate as fully required by Company in the de-fense of any claim. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by You, and You will not in any event settle any claim with-out the prior written consent of Company.

Disputes.

Our Customer Service specialists are ready to assist you and address your concerns: email hello@patriciafranke.com

Time Limitation on Claims.

You agree that any claim you may have arising out of or related to your relationship with Company must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred. This provision expressly survives the termination of your relationship with Compa-ny.

 

Severability.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforce-able during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any re-maining provisions. Company’s failure to insist upon or enforce strict performance of any provi-sion of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Company reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amend-ment. This dispute resolution provision will survive the termination of any or all of your transac-tions with Company.

Entire Agreement.

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between You and Company and governs your use of the Service, superseding any prior agreements between You and Company. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Company. Any purported assignment or delegation by You without the appropriate prior written consent of Company will be null and void. Company may assign these Terms of Use or any rights hereunder without your consent. Neither the course of conduct between the Parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Territorial Restrictions.

The information provided within or in connection with the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration re-quirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, Service or other feature that Company provides. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

Order Confirmation and Product Availability.

Product or Course availability on our Website or via the Services is not guaranteed as it may be low or out of stock. We will email You to confirm the placement of your order and with details concerning product delivery. In the event there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. You can always verify availability by emailing our Customer Services at hello@patriciafranke.com.

Service and Product Information

The prices displayed on the Website are quoted in U.S. dollars, unless otherwise indicated. Please note that while we have tried to accurately display the colors of products, the actual col-ors you see will depend on your monitor, display, or device and may not be accurate.

Sales Tax:

 

  • DISCLAIMER: If applicable, taxes that appear in your online order confirmation are es-timated. Because orders may be fulfilled from multiple locations across the U.S., the ac-tual taxes charged to your credit card will be calculated based on the applicable state and local state taxes when your order is shipped. Since the taxation of online transactions is continually evolving, the terms contained herein are subject to change. The Company strives to comply with state and local tax laws as they currently exist and continues to monitor and update its taxation policies as those laws change.

 

Returns and Refunds.

Please refer to your respective Service License for the return policy related to your Course or Product purchase.

For any questions about your specific order please email hello@patriciafranke.com.

 

 

 

 

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