Terms & Conditions

These Terms and Conditions of Use ("Agreement") is a legal agreement between User (hereinafter referred to as “You”, “Your”) and Francesca Woltanski (hereinafter referred to as “We”, “Our”, "Website Owner"), the owner and developer of www.francescawoltanski.com. 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 THE TERMS, PLEASE REMOVE YOURSELF FROM THIS WEBSITE.

The Terms are subject to change at any time, effective upon notice to you.

IF YOU PROCEED TO STAY ON THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO WWW.FRANCESCAWOLTANSKI.COM. WWW.FRANCESCAWOLTANSKI.COM RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.]

1. Limitations of Liability and Indemnification. By using any services or purchasing any products provided by www.francescawoltanski.com, you agree that in no event will www.francescawoltanski.com, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and using any of the services available. Your sole remedy for any breach or default of this Agreement by www.francescawoltanski.com or Website Owner shall be a return of any fees paid to www.francescawoltanski.com or Website Owner for any services provided under this Agreement. You indemnify and agree to defend and hold harmless www.francescawoltanski.com, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of www.francescawoltanski.com, including any breach by you of the Terms contained in this Agreement.

2. Responsibility for Use of Website. To access or use this website, you must be 18 years or older and have the power and authority to enter into these Terms and Conditions. If you are under the age of 18, you must get permission from a parent or legal guardian prior to using this website.

You may use www.francescawoltanski.com for lawful purposes only. You shall not post or transmit through www.francescawoltanski.com any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

3. Do Not Rely on www.francescawoltanski.com. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from www.francescawoltanski.com or Website Owner. www.francescawoltanski.com and Website Owner do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.

5. Right to Monitor. www.francescawoltanski.com and Website Owner reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site.

6. Confidentiality. It is agreed that all personal information given to www.francescawoltanski.com or Website Owner, will be kept confidential by www.francescawoltanski.com and Website Owner, with the following exceptions: (1) basic biographical information (i.e. age, sex, race) will be posted with your user ID for others to view; (2) you actively chose to post your personal information for others to see; (3) you send a message to another client, which will disclose your e-mail address to that client or (4) you have harassed another person via any service provided by www.francescawoltanski.com, in which case the confidentiality clause contained in this Agreement is rendered null and void.

7. Refund Policy. YOU ARE RESPONSIBLE FOR THE FULL FEE REGARDLESS OF WHETHER YOU COMPLETE THE PROGRAM AND NO REFUNDS WILL BE PROVIDED.

You affirm that you have independently evaluated your ability to pay the Fee, and/or had the opportunity to evaluate your ability to pay the Fee with your independent consultants, and in light of your financial position and circumstances, you verify you are able to pay the Fee and will not be unduly burdened by payment of the Fee.

In the event any payment due under this Agreement is late, we reserve the right to immediately suspend all services until payment is made. We reserve the right to seek payment from you for delinquent payment(s) by enlisting the help of an attorney or collections agency. You will be solely responsible for any fees or costs incurred in seeking payment of unpaid Fees.

8. Ownership, Copyrights, Trademarks, Licenses. www.francescawoltanski.com and Website Owner own and retain all proprietary rights to the www.francescawoltanski.com service, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of www.francescawoltanski.com and Website Owner. By posting information to www.francescawoltanski.com and Website Owner you represent that you have the right to grant permission for use by www.francescawoltanski.com and Website Owner.

8. No Warranties. www.francescawoltanski.com and Website Owner provide the www.francescawoltanski.com services on an "as is" basis and do not make any warranty, express, implied, limited or other with respect to the services provided. Specifically, www.francescawoltanski.com and Website Owner do not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected.

9. Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of Michigan, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court. The parties agree that any mediation or arbitration proceedings will occur either in Grand Rapids, MI, or a mutually agreed upon alternative location. Further, to the extent permitted by law, the parties agree that such proceedings may be conducted virtually/remotely so long as the State of Michigan is able to accommodate. You hereby consent to the jurisdiction of any such court.

10. Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.

11. Certification. You certify that you are at least 18 years of age and that your answers to the registration materials on www.francescawoltanski.com will be truthful. In accessing and using www.francescawoltanski.com, you understand and agree that basic information concerning you, given to www.francescawoltanski.com, will be published on the web-site for others to view along with your User ID. Your name, address and e-mail address are kept confidential, except where provided above.

12. Waiver. The failure of Website or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Website Owner must be in writing and signed by an authorized representative of the Website Owner.

13. Entire Agreement. This Agreement constitutes your entire Agreement with www.francescawoltanski.com and Website Owner with respect to any services.

You further understand and agree that if you proceed to stay on this website, you agree that you have read, understand and agree to be bound by the terms.