TERMS OF USE

 

 

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY

ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE

BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF

YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN

PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF

SERVICE AGREEMENT IS EFFECTIVE AS OF 02/16/2015.

 

ACCEPTANCE OF TERMS

 

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern

the relationship with our users and others which may interact or interface with Fancy Frenchwood, also known as

Fancy Frenchwood, located in Seattle, WA, and our subsidiaries and affiliates, in

association with the use of the Fancy Frenchwood website, which includes www.fancyfrenchwood.com (the "Site") and its

Services, which shall be defined below.

 

DESCRIPTION OF WEBSITE SERVICES OFFERED

 

The Site is an e-commerce website educational which has the following description:

This website is intended to introduce our viewers to Fancy Frenchwood, an author, speaker and corporate training consultant.

 

Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for the

purpose of this TOS.

 

The user acknowledges and agrees that the Services provided and made available through our website and

applications, which may include some mobile applications and that those applications may be made

available on various social media networking sites and numerous other platforms and downloadable

programs, are the sole property of Fancy Frenchwood. At its discretion, Fancy Frenchwood may offer additional website

Services and/or products, or update, modify or revise any current content and Services, and this Agreement

shall apply to any and all additional Services and/or products and any and all updated, modified or revised

Services unless otherwise stipulated. Fancy Frenchwood does hereby reserve the right to cancel and cease offering

any of the aforementioned Services and/or products. You, as the end user , acknowledge, accept and agree

that Fancy Frenchwood shall not be held liable for any such updates, modifications, revisions, suspensions or

discontinuance of any of our Services and/or products. Your continued use of the Services provided, after

such posting of any updates, changes, and/or modifications shall constitute your acceptance of such

updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all

applicable terms and policies should be made by you to ensure you are aware of all terms and policies

currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop

using the provided Services.

 

Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided

"AS IS" and as such Fancy Frenchwood shall not assume any responsibility or obligation for the timeliness, missed

delivery, deletion and/or any failure to store user content, communication or personalization settings.

 

PRIVACY POLICY

 

Every member's registration data and various other personal information are strictly protected by the

Fancy Frenchwood Online Privacy Policy (see the full Privacy Policy at ). As a member, you herein consent to the

collection and use of the information provided, including the transfer of information within the United

States and/or other countries for storage, processing or use by Fancy Frenchwood and/or our subsidiaries and

affiliates.

 

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

 

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all

local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting

and/or transferring of software, technology and other technical data may be subject to the export and import

laws of the United States and possibly other countries. Through the use of our network, you thus agree to

comply with all applicable export and import laws, statutes and regulations, including, but not limited to,

the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the

sanctions control program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx).

 

Furthermore, you state and pledge that you:

 

a) are not on the list of prohibited individuals which may be identified on any government export

exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of

any other government which may be part of an export-prohibited country identified in applicable

export and import laws and regulations;

b) agree not to transfer any software, technology or any other technical data through the use of our

network Services to any export-prohibited country;

c) agree not to use our website network Services for any military, nuclear, missile, chemical or

biological weaponry end uses that would be a violation of the U.S. export laws; and

d) agree not to post, transfer nor upload any software, technology or any other technical data which

would be in violation of the U.S. or other applicable export and/or import laws.

 

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

 

Fancy Frenchwood shall not lay claim to ownership of any content submitted by any visitor or user, or make such

content available for inclusion on our website Services. Therefore, you hereby grant and allow for Fancy Frenchwood,

Inc. the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

 

a) The content submitted or made available for inclusion on the publicly accessible areas of Fancy Frenchwood,

Inc.'s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly

perform and/or publicly display said Content on our network Services is for the sole purpose of

providing and promoting the specific area to which this content was placed and/or made available

for viewing. This license shall be available so long as you are a member of Fancy Frenchwood's sites, and

shall terminate at such time when you elect to discontinue your membership.

b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly

accessible areas of Fancy Frenchwood's sites, the license provided to permit to use, distribute, reproduce,modify,

adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose

of providing and promoting the specific area in which this content was placed

and/or made available for viewing. This license shall be available so long as you are a member of

Fancy Frenchwood's sites and shall terminate at such time when you elect to discontinue your membership.

c) For any other content submitted or made available for inclusion on the publicly accessible areas of

Fancy Frenchwood's sites, the continuous, binding and completely sub-licensable license which is meant to

permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or

publicly display said content, whether in whole or in part, and the incorporation of any such Content

into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed "publicly accessible" areas of Fancy Frenchwood's sites are those such areas of

our network properties which are meant to be available to the general public, and which would include

message boards and groups that are openly available to visitors.

 

CONTRIBUTIONS TO COMPANY WEBSITE

 

Fancy Frenchwood provides an area for our users to contribute feedback to our website. When you submit ideas,

documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:

a) your Contributions do not contain any type of confidential or proprietary information;

b) Fancy Frenchwood shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or

implied, related to any Contributions;

c) Fancy Frenchwood shall be entitled to make use of and/or disclose any such Contributions in any such manner as

they may see fit;

d) the contributor's Contributions shall automatically become the sole property of Fancy Frenchwood; and

e) Fancy Frenchwood is under no obligation to either compensate or provide any form of reimbursement in any

manner or nature.

 

INDEMNITY

 

All users herein agree to insure and hold Fancy Frenchwood, our subsidiaries, affiliates, agents, employees,

officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but

is not limited to, reasonable attorney fees made by any third party, which may arise from any content a user

of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of

Fancy Frenchwood Services or your connection with these Services, your violations of the Terms of Service and/or

your violation of any such rights of another person.

 

COMMERCIAL REUSE OF SERVICES

 

The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial

reason any part, use of, or access to Fancy Frenchwood's sites.

 

MODIFICATIONS

 

Fancy Frenchwood shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether

temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we

shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or

discontinuance of our Services, or any part thereof.

 

ADVERTISERS

 

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located

on or through our Services, which may include the payment and/or delivery of such related goods and/or

Services, and any such other term, condition, warranty and/or representation associated with such dealings,

are and shall be solely between you and any such advertiser. Moreover, you herein agree that Fancy Frenchwood

shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct

result of any such dealings or as a result of the presence of such advertisers on our website.

 

LINKS

 

Either Fancy Frenchwood or any third parties may provide links to other websites and/or resources. Thus, you

acknowledge and agree that we are not responsible for the availability of any such external sites or

resources, and as such, we do not endorse nor are we responsible or liable for any content, products,

advertising or any other materials, on or available from such third party sites or resources. Furthermore, you

acknowledge and agree that Fancy Frenchwood shall not be responsible or liable, directly or indirectly, for any

such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the

use of or the reliance on any such content, goods or Services made available on or through any such site or

resource.

 

PROPRIETARY RIGHTS

 

You do hereby acknowledge and agree that Fancy Frenchwood's Services and any essential software that may be

used in connection with our Services ("Software") shall contain proprietary and confidential material that is

protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge

and agree that any Content which may be contained in any advertisements or information presented by and

through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary

rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized

by Fancy Frenchwood or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute,

transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Fancy Frenchwood

Services (e.g. Content or Software), in whole or part.

 

Fancy Frenchwood herein has granted you personal, non-transferable and non-exclusive rights and/or license to

make use of the object code or our Software on a single computer, as long as you do not, and shall not,

allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse

assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a

security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein

agree not to alter or change the Software in any manner, nature or form, and as such, not to use any

modified versions of the Software, including and without limitation, for the purpose of obtaining

unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services

through any means other than through the interface which is provided by Fancy Frenchwood for use in accessing

our Services.

 

WARRANTY DISCLAIMERS

 

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

 

a) THE USE OF FANCY FRENCHWOOD SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY

YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR

"AS AVAILABLE" BASIS. FANCY FRENCHWOOD AND OUR SUBSIDIARIES, AFFILIATES,

OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM

ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE,

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

b) FANCY FRENCHWOOD AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS

AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) FANCY FRENCHWOOD SERVICES

OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) FANCY FRENCHWOOD SERVICES OR

SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii)

THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE FANCY FRENCHWOOD,

INC. SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF

ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY

BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE

WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN

THE SOFTWARE SHALL BE CORRECTED.

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY

OF FANCY FRENCHWOOD SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE

DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE

FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH

RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS,

DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD

RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

d) NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT

MAY BE OBTAINED BY YOU FROM FANCY FRENCHWOOD OR BY WAY OF OR FROM OUR

SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY

STATED IN THE TOS.

e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF

EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR

BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE

USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY

UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO

HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,

ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC

CONDITION, PLEASE CONSULT A PHYSICAN IF YOU EXPERIENCE ANY OF THE

FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON,

EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS, DISORIENTATION, ANY INVOLUNTARY

MOVEMENT, OR CONVULSIONS.

 

LIMITATION OF LIABILITY

 

YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT FANCY FRENCHWOOD AND

OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND

LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL,

SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,

DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE,

DATAAND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED

OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

 

a) THE USE OR INABILITY TO USE OUR SERVICE;

b) THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;

c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS

AND/OR DATA;

d) STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;

e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

 

Should you intend to create or to join any service, receive or request any such news, messages, alerts or

other information from our Services concerning companies, stock quotes, investments or securities, please

review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this

particular type of information, the phrase "Let the investor beware" is appropriate. Fancy Frenchwood's content is

provided primarily for informational purposes, and no content that shall be provided or included in our

Services is intended for trading or investing purposes. Fancy Frenchwood and our licensors shall not be

responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made

available by way of our Services, and shall not be responsible or liable for any trading and/or investment

decisions based on any such information.

 

EXCLUSION AND LIMITATIONS

 

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN

WARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR

CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF

SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO

YOU.

 

THIRD PARTY BENEFICIARIES

 

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there

shall be third-party beneficiaries to this agreement.

 

NOTICE

Fancy Frenchwood may furnish you with notices, including those with regards to any changes to the TOS,

including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website

Services, or other reasonable means currently known or any which may be herein after developed. Any

such notices may not be received if you violate any aspects of the TOS by accessing our Services in an

unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have

received any and all notices that would have been delivered had you accessed our Services in an authorized

manner.

 

TRADEMARK INFORMATION

 

You herein acknowledge, understand and agree that all of the Fancy Frenchwood trademarks, copyright, trade

name, service marks, and other Fancy Frenchwood logos and any brand features, and/or product and service names

are trademarks and as such, are and shall remain the property of Fancy Frenchwood. You herein agree not to

display and/or use in any manner the Fancy Frenchwood logo or marks

.

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE

& PROCEDURES

 

Fancy Frenchwood will always respect the intellectual property of others, and we ask that all of our users to the

same. With regards to appropriate circumstances and at its sole discretion, Fancy Frenchwood may disable and/or

terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights of others. If

you feel that your work has been duplicated in such a way that would constitute copyright infringement, or

if you believe your intellectual property rights have been otherwise violated, you should provide to us the

following information:

 

a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of

the copyright or other intellectual property interest;

b) A description of the copyrighted work or other intellectual property that you believe has been

infringed upon;

c) A description of the location of the site which you allege has been infringing upon your work;

d) The physical address, telephone number, and email address;

e) A statement, in which you state that the alleged and disputed use of your work is not authorized by

the copyright owner, its agents or the law;

f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your

notice is the truth and accurate, and that you are the copyright or intellectual property owner,

representative or agent authorized to act on the copyright or intellectual property owner's behalf.

 

The Fancy Frenchwood Agent for notice of claims of copyright or other intellectual property infringement can be

contacted as follows:

 

Mailing Address:Fancy Frenchwood

Attn: Copyright Agent

 

Telephone:

 

 

 

CLOSED CAPTIONING

 

BE IT KNOWN, that Fancy Frenchwood complies with all applicable Federal Communications Commission rules

and regulations regarding the closed captioning of video content. For more information, please visit our

website at www.fancyfrenchwood.com.

 

GENERAL INFORMATION

 

ENTIRE AGREEMENT

 

This TOS constitutes the entire agreement between you and Fancy Frenchwood and shall govern the use of our

Services, superseding any prior version of this TOS between you and us with respect to Fancy Frenchwood

Services. You may also be subject to additional terms and conditions that may apply when you use or

purchase certain other Fancy Frenchwood Services, affiliate Services, third-party content or third-party software.

 

CHOICE OF LAW AND FORUM

 

It is at the mutual agreement of both you and Fancy Frenchwood with regard to the TOS that the relationship

between the parties shall be governed by the laws of the state of California without regard to its conflict of

law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the

TOS, or the relationship between you and Fancy Frenchwood, shall be filed within the courts having jurisdiction

within the County of Los Angeles, California or the U.S. District Court located in said state. You and

Fancy Frenchwood agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive

any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such

courts.

 

WAIVER AND SEVERABILITY OF TERMS

 

At any time, should Fancy Frenchwood fail to exercise or enforce any right or provision of the TOS, such failure

shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of

competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give

effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in

full force and effect.

 

STATUTE OF LIMITATIONS

 

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or

action arising out of or related to the use of our Services or the TOS must be filed within 4 year(s) after said

claim or cause of action arose or shall be forever barred.

 

VIOLATIONS

 

Please report any and all violations of this TOS to Fancy Frenchwood as follows:

 

Mailing Address:

 

Fancy Frenchwood

Attn: Copyright Agent

 11866 44th Pl

Seattle WA 98178

 

Telephone: 470-333-2629

 

Email: fancy@fancyfrenchwood.com