Terms and Conditions

IMPORTANT NOTE: By using this Website and/or purchasing any of Frances Found’s Programs, Products, and/or Services, you are voluntarily agreeing to these Terms & Conditions, and you are legally agreeing that you have read, understand, and fully consent to the terms below.

If you have questions about any of these Terms & Conditions, please do not hesitate to contact us at info{at}francesfound.com before using Frances Found’s website, or purchasing any of our Programs, Products, and/or Services.

You must be at least eighteen (18) years of age and have the legal ability to agree to these Terms & Conditions; thus, if you are under the age of eighteen (18) or you do not agree to terms below, STOP now, and do not use our website, blog, e-mails, social media, videos, programs, services, and/or products (collectively “Website, Programs, Products, and/or Services”).

By accessing or using Frances Found’s Website, Programs, Products, and Services by any means or for any reason, you implicitly agree to the following Terms and Conditions (“T&C”).

Please read carefully. By purchasing our Programs you (herein referred to as “Client”) agree to the following terms stated herein.

Program/Service

Frances Found (herein referred to as “Company”) agrees to provide Programs, Products, and/or Services (herein referred to as “Program”) identified in the online commerce shopping cart affiliated with our website. The Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.

Disclaimer

The Client understands that Frances Hickmott (herein referred to as “Consultant”) and Company, is not an employee, agent, attorney, physician, manager, therapist, public relations or business manager, registered dietician, financial analyst, psychotherapist, or accountant.

The Client understands that the Consultant has not promised, shall not be obligated to, and will not;

  1. procure or attempt to procure employment or business or sales for the Client;
  2. perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto;
  3. act as a therapist providing psychoanalysis, psychological counseling, or behavioral therapy;
  4. act as a public relations manager;
  5. act as a publicist to procure any publicity, interviews, write-ups, features, television, print, or digital media exposure for the Client;
  6. introduce the Client to the Consultant’s full network of contacts, media partners, or business partners.

The Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.

Methods of payment

If the Client elects to pay for any programs or services by monthly installments, the Client authorizes the Company to charge the Client’s credit card or debit card. If the Client elects to pay in full, the Client may pay by credit card or debit card.
All monthly payments must be made on a timely basis. If payments are late, the Client agrees to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate permitted by law, whichever is greater.

Refund Policy

Thirty (30) Day Money Back Guarantee

Frances Found wishes all Clients to be satisfied with their purchase, but also expects the Client to give their best effort to apply any strategies or teachings outlined in the purchased Products or Programs.

We offer a 30-day refund period for purchases.

In the event that you decide your purchase was not the right decision, within thirty (30) days of enrollment, contact our support team info{at}francesfound.com before 11:59pm EST on the thirtieth (30th) day following your transaction, and let us know you’d like a refund.

Notes about our refund policy:

  1. Within the first 30 days from the original date of purchase, you may request a refund.
  2. No refunds will be issued after 30 days from the original date of purchase. After 11:59pmEST on the 30th day, all payments are non-refundable and you are responsible for full payment of the product or program fees, regardless of your use or consideration of the information.
  3. All refunds are discretionary as determined by Frances Found. If a refund is requested following the download of all materials and taking advantage of any special deals or discounts, we reserve the right to deny your request

The Company’s generous refund policy was designed to give Clients the opportunity to determine whether their purchase is a good fit for their business, theft of material is not covered under this policy.

If you have any questions or concerns, please contact our support team directly at info{at}francesfound.com

Confidentiality

The Company respects the Client’s privacy and must insist that the Client respects the privacy of the Company and that of any other Program Participants (herein referred to as “Participants”). This is to be considered a mutual non-disclosure agreement. Any Confidential Information shared by Program Participants or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the individual by whom it is disclosed. All parties agree not to disclose, reveal, or make use of any Confidential Information or any transactions during discussions, on the applicable forum, or otherwise. The Client agrees not to use the Confidential Information in any manner other than in discussion with other Participants during a purchased Program.

Confidential Information includes, but is not limited to, information shared by Program Participants or any representative of the Company and information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep the Confidential Information in strictest confidence and shall employ their best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft. The Client agrees not to violate the Company’s publicity or privacy rights. Furthermore, the Client will not reveal any information to a third party obtained in connection with this Agreement or the Company’s direct or indirect dealings with the Client, including but not limited to; names, email addresses, third-party company titles or positions, phone numbers, or addresses. Additionally, the Company will not, at any time, either directly or indirectly, disclose the Client’s Confidential Information to any third party.

Further, by purchasing a Product or Program, the Client agrees that violation or displayed likelihood of violation of these Terms and Conditions will entitle the Company and/or any Program Participant(s) to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

No Transfer Of Intellectual Property

The Company’s Programs and Products are copyrighted and the original materials that have been provided to the Client are intended for the Client’s individual use only as a single-user license. The Client is not authorized to use any of the Company’s intellectual property for the Client’s business purposes. All intellectual property, including the Company’s copyrighted Products, Programs, and/or course materials, shall remain the sole property of the Company. No license to sell or distribute the Company’s materials is granted or implied.

By purchasing a Product or Program, the Client agrees;

  1. not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights;
  2. that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company;
  3. not to disclose such information to any other person or use it in any manner other than in discussion with the Company;
  4. and that if the Client violates, or displays any likelihood of violating any of the Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

Client Responsibility

Frances Found Products and Programs are developed strictly for educational purposes ONLY. The Client accepts and assumes 100% responsibility for their progress and results from the Products or Programs. The Company makes no verbal or written representations, warranties, or guarantees. The Client understands that due to the nature and extent of the Products or Programs, the results experienced by each Client may vary significantly. The Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that the Client will reach their goals as a result of purchasing a product or participation in a program. All Product and Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. The Company assumes no responsibility for errors or omissions that may appear in any product or program materials.

Independent Contractor Status

Nothing in this Agreement is to be construed as the creation of a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder, and shall retain control over its personnel and the manner in which such personnel perform hereunder. Under no circumstances shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.

Force Majeure

In the event that any cause beyond the reasonable control of either Party—including and without limitation; natural disasters, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, Government-instituted travel advisory, labor strike, or civil disturbance—make it inadvisable, illegal, or impossible for the Company to perform its obligations under this Agreement, either due to unreasonable increased costs or risk of injury, the Company’s performance shall be extended without liability for the period of delay or inability deemed necessary to perform due to such occurrence.

Severability/Waiver

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

Miscellaneous

LIMITATION OF LIABILITY. The Client agrees to use of the Company’s services at their own risk and that the Products and Programs are services being provided for educational purposes only. The Client releases the Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assignees, instructors, guides, staff, Participants, and any other related entities in any way, as well as the venue at which any Programs are being held (if applicable) and any of the venue’s owners, executives, agents, or staff (hereinafter “Releases”) from any and all damages that may result from any claims arising from any agreements, actions, causes of action, contracts, claims, suits, costs, demands, and damages of whatever nature or kind in law or in equity arising from the Client’s purchase of Products or participation in any Programs. The Client accepts any and all risks, foreseeable or unforeseeable. The Client agrees that the Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages in the use or misuse of the Company’s services or enrollment in any Programs. The Company assumes no responsibility for errors or omissions that may appear in any program materials.

Non-disparagement

The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein. The parties agree that neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither the Client nor any of the Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize, or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support, or participate in any of the foregoing), any remark, comment, message, information, declaration, communication, or other statement of any kind, whether verbal, written, electronically transferred, or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its services, products, programs, members, owners, directors, officers, affiliates, subsidiaries, employees, agents, or representatives.

Assignment

The Client may not assign this Agreement without express written consent of the Company.

Modification

The Company may modify the terms of this agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified.

Termination

The Company is committed to providing all clients with a positive experience. By purchasing a Product or Program, the Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate the Client’s participation in any Programs without refund or forgiveness of monthly payments if the Client becomes disruptive to the Company or Participants, fails to follow Program guidelines, is especially difficult to work with, impairs the participation of the other Program participants, or upon violation of these Terms and Conditions as determined by the Company. Upon such a termination, the Client will remain fully liable for the total contracted payment amount.

Indemnification

The Client shall defend, indemnify, and hold harmless the Company and its officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expenses whatsoever—including and without limitation; claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements—which may be incurred or become obligated arising out of or resulting from the offering for sale, the sale, and/or use of the Products or Program(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement, sole negligence, or willful misconduct by the Company, or any of its shareholders, trustees, affiliates, or successors.

The Client shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. The Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of payment for the Client’s right to participate in any of the Company’s Programs, the undersigned, their heirs, executors, administrators, successors, and assignees do hereby release, waive, acquit, indemnify, defend, hold harmless, and forever discharge the Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assignees, and any of the training instructors, guides, staff, or students taking part in any Programs, services, or training in any way, as well as the venue at which any Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands, and damages of whatever nature or kind in law or in an equity arising from the Client’s purchase of any Products or Services, or participation in any Programs.

Resolution Of Disputes

If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the Canadian Arbitration Association. All claims against the Company must be lodged within one hundred (100) days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of the Client, the Client is responsible for any and all arbitration and attorney fees.

Equitable Relief

In the event that a dispute arises between the parties for which monetary relief is inadequate and by which either party may suffer irreparable harm in the absence of an appropriate remedy, the injured party may apply to any court of competent jurisdiction for equitable relief, including and without limitation a temporary restraining order or injunction.

Notices

Any notices to be given hereunder by either party to the other may be affected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by email to: info{at}francesfound.com.

This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors, and permitted assignees. Any breach or failure to enforce any provision herein shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, and supersedes all previous discussions, negotiations, proposals, agreements, and understandings between the parties relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of Canada.

Earnings Disclaimer

Every effort has been made to accurately represent all Products, Services, and Programs and their potential. There is no guarantee that the Client will earn profits using the techniques and ideas outlined in the purchased materials. Examples found within Product, Service, or Program materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas, and techniques. The Company does not position their products as “get rich quick schemes.” Any claims made of actual earnings or examples of actual results may be verified upon request. The Client’s level of success in attaining the results exemplified in the Products, Services, or Program materials is dependent on the time devoted to the program, ideas and/or techniques described, and the Client’s finances, knowledge, and various skills. As these factors differ according to all individuals, the Company cannot guarantee the Client’s success or income level, nor is the Company responsible for any of the Client’s actions. Materials found within the Company’s programs, products, services, and websites may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements indicate expectations or forecasts of future events. The Client can identify these statements by the dissociation to historical or current facts and the use of words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward looking statements here or on any of the Company’s sales material are intended to express opinion of earning potential. Many factors will be important in determining the Client’s actual results and no guarantees are made that the Client will achieve results similar to the Company or any other program Participants. No guarantees are made that the Client will achieve any results from the ideas and/or techniques put forth in the Company’s sales materials.

Our Minimum Guarantees

Unless otherwise noted, all Programs come with an unconditional thirty (30) day guarantee. If the Client is dissatisfied for any reason, a request of a full refund of the purchase price may be made to the Company. Longer conditional guarantees may apply, and it is the responsibility of the Client to review the details of the sales material at the time of purchase.

DUTY TO READ

I, the Client, do hereby accept that under this agreement, I have a duty to read this sales agreement and disclosure policy, and have done so. Furthermore, I understand and accept that I am precluded from using lack of reading as a defense against all remedies contained herein.

If you do not understand or agree with any part of these conditions, please do not order this material. If you require further clarification, please contact info{at}francesfound.com