TERMS OF USE

This is the Terms of Use Agreement for the website of Francini Estes, Franciniestes.com, and Francini Estes Coaching, LLC. This is an agreement that details how you may use this site.

You are deemed to have accepted this Agreement by using the website. Francini Estes and Francini Estes Coaching LLC own this Site. Your participation in the use of this website is conditional on your acceptance of the terms and conditions contained in this Agreement. If you do not agree to be bound by these Terms in their entirety, you may not access or use this Site.

DEFINITIONS

“Site” refers to the Company’s website, which can be accessed at www.franciniestes.com.

“Service” refers to the Company’s services accessed via the Site. The terms “we,” “us,” and “our” refer to the Company.

“You” refers to you as a user of our Site or our Service.

The Company respects the privacy of its website users. Please refer to the Company’s Privacy Policy found on this Site which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use this Site, you signify your agreement to the Privacy Policy as well as these Terms of Use.

ABOUT THE SITE

The Site allows you to read, research, and refer to this site for informational purposes.

RULES FOR USER CONDUCT

This site is not directed to anyone under the age of 13 years old. You need to be at least 13 years old and a resident of the United States to register for the use of this site. If you are under 18 years old, you must first seek parental or guardian permission to visit and register for the use of this site. If you are located outside of the United States, you are responsible for compliance with all local laws. You agree that you will not access or use the content on this site in any country or any manner prohibited by applicable laws, rules, or regulations.

If you are a visitor who signs up for our mailing list or attends and/or purchases a ticket to any Francini Estes Coaching LLC event, you agree to input your name and email address to receive newsletters and contact from the Company. You may need to input other personal information depending on the type of service or product you use this site for, such as credit card information, address, and phone number. You agree to notify us immediately of any unauthorized use of your Personal Information. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your name, email, and other personal information.

USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following use, posting, and conduct restrictions:

You agree that you will not under any circumstances:

1. Access the Site for any reason other than your personal, non-commercial use

2. Collect or use any personal data of any user of the Site

3. Use the Site for the solicitation of business during a trade or in connection with a commercial enterprise

4. Distribute any part or parts of the Site without our explicit written permission (except for the operators of public search engines which we grant permission to copy materials from the site for the sole purpose of creating publicly available searchable indices, but we retain the right to revoke this permission at any time on a general or specific basis)

5. Use the Site for any unlawful purpose or the promotion of illegal activities

6. Harass, abuse, or harm another person or group

7. Use another user’s personal information without permission

8. Provide false or inaccurate information when registering an account 9. Interfere or attempt to interfere with the proper functioning of this Website.

POSTING AND CONDUCT RESTRICTIONS

We grant you permission to use and access this Site, subject to the following express conditions. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms. You agree as follows:

1. You will not post information that is malicious, libelous, false, or inaccurate.

2. You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive.

3. You retain all ownership rights in your User Content. Still, when you upload or post User Content to the Site, you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, or distribute that Content.

4. You will not submit content that is copyrighted or subject to third-party proprietary rights, including privacy, publicity, trade secret, or others unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content.

5. You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all your submissions, and terminate your account with or without prior notice.

6. You understand and agree that any liability, loss, or damage that occurs due to the use of any User Content that you make available or access through your use of the Site is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content.

7. If you provide us any reviews or feedback about our website or any products, you grant us the right to use those reviews or feedback to improve our website and programs without being obliged to pay you any compensation in respect of our use of that feedback.

INTELLECTUAL PROPERTY

We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights that may exist in our website, including text, illustrations, photographs, video, music, sounds, layout, designs belonging to Francini Estes and Francini Estes Coaching LLC, or any of our other properties or to our licensors (“IP”).

You may not use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of our Intellectual Property except as expressly provided in this Agreement or with prior written consent from us. In order to gain authorization to copy our material, please email contact@franciniestes.com.

You are granted a non-transferable and revocable license to access this site in accordance with these terms. All content on this site, including text, graphics, logos, photographs, illustrations, is the property of Francini Estes and Francini Estes Coaching LLC and is protected by our claimed copyright. You agree to abide by all copyright, and you shall not exploit, reverse engineer, copy, download, change, modify, publish, transmit, or in any way use the protected data contained on this site. The content found on this site is not for resale. Your use of this site does not allow you to make unauthorized use of our content. You will use our protected content solely for your own use, and you will contact us for authorization for any other use to obtain written permission from the copyright owner.

EMAIL MAY NOT BE USED TO PROVIDE LEGAL NOTICE

Communications made through the Site’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents, or representatives in any situation where legal notice is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

You agree to receive email or other electronic communications from us, including but not limited to newsletters, advertising, promotions, and other announcements and correspondence if you opted into such email. If you purchase products that are sent via email, you agree that all electronically sent products and other communications that we provide satisfy any legal requirement that such communications be in writing. We accept no responsibility for the accurate receipt of any such emails, and you are responsible for ensuring that your email address is not blocked or faulty in any way. If you unsubscribe from receiving our emails, you acknowledge and understand that you may no longer receive information or updates regarding this Site, Service, or Special Offers, particularly related to any updates to the purchased products.

WARRANTY DISCLAIMER

We do not give any warranty or other assurance as to the accuracy, completeness, timeliness, or fitness for any particular purpose of the material appearing on Francini Estes Coaching LLC beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, we provide our website and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind (whether express, implied, statutory, or otherwise), including but not limited to warranties of non-infringement, merchantability, or fitness for a particular purpose. We make no warranty or representation that access to or operation of this Site will be uninterrupted or error-free. You assume full responsibility and risk of loss resulting from your downloading and/or using files, information, content, or other material obtained from the site.

PROFIT DISCLAIMER

We make no guarantee of any kind regarding the potential profit or income generated through our communications or your participation in the purchase of any of our products or services. Past results are not an indication or promise of your results. There is no guarantee you will profit using any of our materials or that your business will increase. Our products and blog resources are informational.

AFFILIATE AND ADVERTISING DISCLAIMER

We reserve the right to link to products or services for which Francini Estes and Francini Estes LLC earn a commission. We disclaim any liability that may occur from your clicking on and/or relying on any affiliate links or third-party links contained in this site. We do not necessarily endorse or recommend any of the goods or services advertised on or through our website. If we publish advertisements, it is merely because it’s a product or service we may use that we find helpful. We make no representations or guarantees about those products or services. Our website provides links and pointers to Internet sites maintained by third parties. Such linked sites are not under our control. We are not responsible for any linked site's contents (including the accuracy, legality, or decency) or any material contained in a linked site. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third-party service provided by any third party.

MALICIOUS CODE

Although we try to prevent the introduction of viruses or other malicious code to our websites, we do not guarantee or warrant that our website, or any data available therein, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our websites does not expose your computer system to the risk of interference or damage from malicious code or viruses.

SECURITY

You assume all responsibility and risks arising concerning your use of this website and the Internet. All information transmitted to or from you is transmitted at your own risk. Although we try to protect the security of your contact information, you acknowledge the risk of unauthorized access to (or alteration of) your transmissions or data or the information contained on your computer system or on our websites. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. We do not accept responsibility for any interference or damage to your own computer system that may arise in connection with your accessing our websites or any outbound hyperlinks.

Your use of our website and content is voluntary. You shall indemnify us and our affiliates, distributors, licensors, and agents and all our and their directors, employees, and agents against, holding all harmless from any and all lawsuits, claims, expenses (including reasonable legal fees), settlements, damages, judgments and the like arising from your use of our websites and content or your failure to maintain the confidentiality or security of your password or access rights.

INDEMNITY

You agree to defend and hold harmless [the company], its officers, agents, directors, employees, and third parties, for any losses, costs, liabilities, and expenses, including attorney fees and costs, relating to or arising out of your use of, or inability to use, this site or services, any user postings, or your violation of the Terms, your violation of the rights of a Third Party, or your violation of any laws, rules or regulations.

GENERAL TERMS

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, the parties agree that any dispute shall be submitted to an Alternative Dispute Resolution Process of Mediation or Arbitration. If the parties cannot agree on the type of ADR proceeding, then Arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Dallas, Texas. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the 90 days period. The written decision of the arbitrators should also address the payment of Attorney fees and costs and will be absolutely binding and conclusive.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Texas, without regard to conflict of law provisions. We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent. Any unauthorized assignment or delegation by you is void. We reserve the right to change or amend the terms. Any changes or modifications will be posted here or on this Site or sent to you via email. Your use of this site after the changes will constitute your assent to the changes or modifications or updates.

These Terms were updated in August 2021. If you have any questions, please contact Francini Estes at contact@franciniestes.com.

BY USE OF THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.