Debra J Frank (“COMPANY”) welcomes you to this site, www.spaswank.com (“SITE”).
BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK
USE OF SITE:
This website is provided solely for the use of current and future customers of COMPANY to provide you with information about COMPANY, to permit you to place orders for my products and services, and to enable you to contact my team and me with any questions or comments that you may have. Any other use of this site is prohibited.
You may not use any features of this SITE that permit communications or postings to post, transmit, display, or otherwise communicate any of the following:
- Any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
- Any advertisement, solicitation, spam, chain letter, or other similar type of information;
iii. Any encouragement of illegal activity;
- Unauthorized use or disclosure of private, personally identifiable information of others; or
- Any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
SITE CONTENTS AND OWNERSHIP:
The information contained on this site, including without limitation, all images, designs, photographs, writings, graphs, data, and other content (“MATERIALS”) are the property of COMPANY and are protected by copyrights, trademarks, trade secrets, or other proprietary rights.
Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this SITE for the authorized uses described above. You must provide correct attribution to COMPANY.
You SHALL comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the MATERIALS. Except as provided in this AGREEMENT, COMPANY does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
DISCLAIMER OF WARRANTY:
You expressly agree that use of this website is at your sole risk.
Neither COMPANY, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “PROVIDERS”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
The MATERIALS may contain errors, omissions, inaccuracies, or outdated information. Further, COMPANY does not warrant reliability of any statement or other information displayed or distributed through the site.
COMPANY reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. COMPANY may make any other changes to this site, the MATERIALS and the products, programs, services, or prices (if any) described in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
LIMITATION OF LIABILITIES:
YOU AGREE THAT COMPANY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL COMPANY OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER COMPANY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless COMPANY, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this AGREEMENT, violation of any law or regulation, or violation of any proprietary or privacy right.
Submissions and Testimonials:
You hereby grant to COMPANY the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, testimonials, endorsements, ideas, graphics, or other information communicated to COMPANY through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. By posting or submitting any material (including, without limitation, comments, testimonials, blog entries, photos and videos) to us via the Site, you are representing that you are the owner of the material, or are making your posting or Submission with the express consent of the owner of the material. COMPANY will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future COMPANY operation.
With regards to testimonials, comments, or endorsements posted on this Site or sent to the Elevation Group, Mike Dillard, Robert Hirsch or any advisors of COMPANY via e-mail or regular mail, you acknowledge that COMPANY may use your testimonials, comments and/or endorsements to promote and advertise the Site. You hereby grant COMPANY permission to utilize your name, appearance, content of e-mail or letter, voice and/or likeness in connection with any testimonial, comment, or endorsement. This permission extends to publicity of the Site in any and all manner and media throughout the world in perpetuity. You hereby waive any right that you may have to inspect or approve any testimonial, comment or endorsement prior to posting.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to COMPANY from their creation. Thus, COMPANY shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as we determine. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to COMPANY all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most Subscriber concerns can be resolved quickly and to the Subscriber’s satisfaction by contacting our customer service department at email@example.com. In the unlikely event that our customer service department is unable to resolve a complaint you may have (or if COMPANY has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes first through good faith mediation and then through binding arbitration, instead of in courts of general jurisdiction.
As such, we agree to submit any dispute, claim or controversy arising out of your use of the Site or your Subscription with COMPANY to private mediation. In the event that we are unable to reach an amicable resolution to the dispute at the mediation, the dispute, claim or controversy arising under this Agreement shall be resolved by binding arbitration and shall be construed and interpreted in accordance with the laws of the state of Texas. Good faith mediation is a pre-requisite to filing any arbitration claim.
Such arbitration shall be administered by and under the rules the American Arbitration Association (“AAA”) in accordance with its then prevailing expedited rules, by one independent and impartial arbitrator selected in accordance with such rules. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. § 1 et seq. The fees and expenses of AAA and the arbitrator shall be shared equally by each of us and advanced from time to time as required; provided that at the conclusion of the arbitration, the arbitrator shall award costs and expenses (including the costs of the arbitration previously advanced and the fees and expenses of attorneys, accountants and other experts) to the prevailing party. Arbitration shall be conducted in the county of Tarrant, State of Texas. In the event it becomes necessary to commence legal proceedings to enforce the terms and condition of your use of the Site or your Subscription with COMPANY, the prevailing party shall be entitled to recover attorney fees and costs. Judgment on the award may be entered in any court having jurisdiction. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.
LIMITATIONS ON CLAIM:
Any cause of action you may have with respect to your use of this SITE must be commenced within one year after the claim or cause of action arises.
TERM AND TERMINATION:
Without limiting its other remedies, COMPANY may immediately discontinue, suspend, terminate, or block your and any user’s access to this SITE at any time in our sole discretion.
As a convenience to you, my team and I may provide on this SITE links to websites operated by other entities (collectively the “LINKED SITES”). If you use any LINKED SITES, you will leave this site. If you decide to visit any LINKED SITE, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
LINKED SITES, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by COMPANY. The content, accuracy, opinions expressed, and other links provided by LINKED SITES are not investigated, verified, monitored, or endorsed by COMPANY.
COMPANY does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any LINKED SITE, other than linked information authored by COMPANY. Links do not imply that COMPANY or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any LINKED SITE is authorized to use any trademark, trade name, logo or copyright symbol of COMPANY or any of its affiliates or subsidiaries.
Except for links to information authored by COMPANY, COMPANY is neither responsible for nor will it be liable under any theory based on
(i) any LINKED SITE; (ii) any information and/or content found on any LINKED SITE; or (iii) any site(s) linked to or from any LINKED SITE.
If you decide to visit any LINKED SITES and/or transact any business on them, you do so at your own risk. COMPANY reserves the right to discontinue any LINKED SITE at any time without prior notice. Please contact the webmasters of any LINKED SITES concerning any information, goods, and/or services appearing on them.
AFFILIATE DISCLAIMER COMPANY does participate in affiliate relationships. By clicking on certain links, you may be directed to an affiliate website, where COMPANY may receive a pre-arranged benefit for recommending certain products and or services. Company only participates in affiliate relationships with products and or services that COMPANY has personally used; however, COMPANY’S recommendation in no way provides any guarantee of your experience with recommended products and or services.
COMPANY assumes no liability for the recommendation of affiliate products and or services.
CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS:
This AGREEMENT is governed by and shall be construed in accordance with the laws of the State of Texas, U.S.A., without reference to its conflict-of-law provisions.
COMPANY makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Tarrant County, Fort Worth, TX, for any disputes with COMPANY arising out of your use of this SITE.
This AGREEMENT constitutes the entire agreement between COMPANY and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and COMPANY with respect to this website.
A printed version of this AGREEMENT and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this AGREEMENT to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If for any reason a court of competent jurisdiction finds any provision of this AGREEMENT or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this AGREEMENT, and the remainder of this AGREEMENT shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
NON-DISPARAGEMENT. You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the COMPANY or Debra J Frank including but not limited to any remark, comment, message, information, declaration, campaign, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous or slander
MODIFICATIONS TO AGREEMENT:
This AGREEMENT may be modified at any time and you agree to be bound by the revised AGREEMENT. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this AGREEMENT from time to time to review the most current terms and conditions. COMPANY does not and will not assume any obligation to notify you of changes to this AGREEMENT.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES:
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from COMPANY solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Commitment to Your Privacy:
Your privacy is important to (“COMPANY”). COMPANY is committed to protecting your privacy. We use the information we collect about you to process orders and personalize your experience at http://spaswank.com (“SITE”).
Children’s Online Privacy Protection Act Compliance:
This SITE is in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), COMPANY doesn’t knowingly collect any information from anyone under 13 years of age. SITE, products, and services are all directed to people who are 13 years of age and older.
What information does this SITE collect?
In general, you can visit SITE without identifying who you are or revealing any information about yourself. Information collected online can generally be categorized as anonymous or personally identifiable.
Anonymous information is information that cannot be connected to the identity of a specific individual. Personally identifiable information is information that specifically identifies a particular user, such as name, address (email or physical), or phone number.
An example of anonymous information is the fact that, while SITE may record the number of visits to a particular page that occur in a given period of time, it does not necessarily provide the names or other identifying information of every visitor. Many users of this SITE choose not to provide any personally identifiable information; therefore, those individuals are anonymous to this SITE, and any data collected about their use of this website is anonymous information.
When you order, COMPANY needs to know your name, e-mail address, and payment information. This allows COMPANY to process and fulfill your order and to notify you of your order status.
Automatic Anonymous Information That SITE Collects:
When you visit SITE it collects certain information, I use this data to measure the use of SITE. This allows us to bring you the best possible service by improving the content and performance.
Here is what the SITE records:
- Environmental variables: browser type, operating system and CPU speed, and the Internet Protocol (IP) address of your originating Internet Service Provider, are logged.
- Search requests and results are recorded to try to ensure the accuracy and efficiency of our search engine.
- Your IP (internet protocol) address tracks your use of the SITE, including pages visited and time spent on each page.
All of the information that is automatically submitted to us by your browser is considered anonymous information. To the extent we share such information with third parties, it is not traceable to any particular user and will not be used to contact you.
What are cookies, and how they are used?
You may set your browser to notify you when you receive a cookie or to prevent cookies from being sent; if you do so, this may limit the functionality we can provide you when you visit our site.
How do we use the personally identifiable information we collect?
We collect personally identifiable information only for providing the services you request, generating statistical studies, conducting marketing research, improving products and services, sending you surveys, and notifying you of new products and any other changes to our site or services that may affect you.
When you submit personally identifiable information to us, you understand that you are agreeing to allow us to access, store, and use that information for those purposes.
We will not sell or give any personally identifiable information to any third parties.
If at any time you do not wish to receive offers and marketing e-mails from us, you must tell us. There are two ways you may do this:
- You may remove your name from our mailing list by sending an e-mail addressed to info(at)com and indicating in the subject line “UNSUBSCRIBE TO ALL”
- You may click the unsubscribe link located at the bottom of all of our marketing emails and or offers.
Creating an Account:
In order to use some of the features or functionality offered at the Site or to access some areas of the Site, you may need to create an account with Company. If and when you create an account with Company, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your e-mail address) and (b) maintain and update your information to keep it accurate, current and complete. This information will not be re-used, sold or shared in any manner by COMPANY or any third parties.
As part of the process of creating an account, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar, disrespectful, or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your password and agree not to transfer or resell your use of or access to the Site to any third party. You should never disclose your password to anyone else. If you have reason to believe that your account with us is no longer secure, you must immediately notify us of the problem by emailing us at firstname.lastname@example.org. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
Debra J Frank
220 Chuckwagon Trail
Willow Park, TX 76087
Protection of Your Information:
We operate secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the personally identifiable information provided by our users. We do not, however, guarantee that unauthorized, inadvertent disclosure will never occur.
Information supplied via online order and or registration forms is only used by COMPANY.
COMPANY does not sell or rent customer lists.
COMPANY has contracted with a third-party provider, Aweber, to host email list databases and Paypal process payment. Aweber does not share COMPANY customer information with third parties.
COMPANY uses Google® Analytics to track overall statistic about computer usage on our site. This information is not linked to individual customer information.
Transfer of Customer Information
Customer lists and information are properly considered assets of a business. Accordingly, if we merge with another entity or if we sell our assets to another entity, our customer lists and information, including personally identifiable information you have provided us, would be included among the assets that would be transferred.
Company reserves the right to update and or change any or all of these terms at any time, and without notice. The date at the bottom of this page will reflect when the document was updated. Company is responsible for keeping the updated terms here, and it is your responsibility to check for updates here.
Refund & Cancellation:
Coaching and Consulting
If you are not completely satisfied with your investment, you may request a refund on unused coaching time. (It is rare, but it does happen that a coach and client may be ill matched and it is best for both parties to go their separate ways.)
But unfortunately, there are no refunds on Coaching and Consulting, because once we spend our time with you, we can’t get it back. We cannot guarantee results in a coaching or consulting relationship because results depends on your openness to being coached and your willingness to do the work.
Upon providing deposit or full program payment you are authorizing Debra J Frank to process your payment. Upon approval of your application, you are responsible for full payment of fees for the program.
Finally, a great deal of energy, time, thought and heart goes into preparing for and being present on our calls together. If you’re late for your appointment, you lose that time. If you don’t show, you’ll still be charged in full. In turn, we promise to honor our appointments, and be on time as well.
Group programs will have a different refund policy depending on promotional pricing which will be included in each programs contract.
Full terms & conditions can be provided by emailing info(at)spaswank.com
This agreement is executed in Tarrant County, Fort Worth, Texas, USA.
Updated June 1, 2015