IMPORTANT! BE SURE TO CAREFULLY READ AND UNDERSTAND ALL THE RIGHTS AND RESTRICTIONS SET FORTH IN THIS LICENSE AGREEMENT ("AGREEMENT" OR "LICENSE AGREEMENT") YOU MUST READ THIS LICENSE AGREEMENT BEFORE APPLYING FOR, ACCEPTING, OR USING ANY OF THE WEBSITE CONTENT, TEMPLATES AND/OR SERVICES OFFERED BY dialfrank.com(HEREINAFTER COLLECTIVELY KNOWN AS THE "SERVICE"). IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT APPLY FOR, ACCEPT, SIGN THIS DOCUMENT, USE THE CONTENT OR THIS WEBSITE.
1. Definitions.
The terms "we" and "us" refer to Dial Frank Gerhat, Inc ("Dial Frank Gerhat"). The terms "you" and "user" refer to all individuals and/or entities
accessing this website and using our services for any reason. The terms "item" and "items", "products" and "packages" refer to the
contents in your shopping cart or upon purchase the services you have agreed to obtain.
2. Service
As part of the Dial Frank Gerhat service, you will have a number of actual personal 1 on 1 business consultations.
It is universally understood that this is not a class rather personal 1 on 1 consultations and project instruction and you will be contacted immediately after signing up for scheduling. This quick call is not a consultation.
3. Price and Payment.
The price of your items are determined by the individual items located on our home page. Once items are purchased if you
have chosen a payment option that requires future payments, those payments will be automatically billed to the credit card you made the
purchase with according to the payment option you have selected.
4. Refunds.
After the service is rendered we do not allow refunds for any reason whatsoever. You can request a refund before services are rendered via email at gerhat.f@gmail.com.
We do not do any partial refunds of any kind.
5. Credit Card Charges.
Upon registration you do grant us full permission to charge your credit card in the amount shown for the payment option selected and for
any future payments (SEE SECTION 3). If payment cannot be charged to your credit card or such payment is returned to us for any
reason, including chargebacks, we may either suspend or terminate your account and all services/licenses under this Agreement and you
will personally owe us any unpaid balance.
6. Replacement, Modification and/or Upgrades. We may, from time to time, and for a fee, replace, modify, or upgrade the service. When accepted by you any such replacement, modification or upgrade to the service will be considered part of the service and subject to the terms of this Agreement (unless this Agreement is superseded by a further Agreement accompanying such replacement, modification or upgrade to the service).
7. Modifications to Agreement.
Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that Dial Frank Gerhat may: (1) revise the terms and
conditions of this Agreement; and/or (2) change part of the services provided under this Agreement at any time. Any such revision or
change will be binding and effective thirty (30) days after posting of the revised Agreement or change to the service(s) on the
dialfrank.com website, or upon notification to you by e-mail or United States mail. You agree to periodically review the
dialfrank.com website, including the current version of this Agreement available on the dialfrank.com website, to
be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by
providing notice to Dial Frank Gerhat. Notice of your termination will be effective on receipt and processing by Dial Frank Gerhat. Any fees paid by you if you
terminate this Agreement are nonrefundable. By continuing to use Dial Frank Gerhat’s services after any revision to this License Agreement or
change in service(s), you agree to abide by and be bound by any such revisions or changes. Dial Frank Gerhat is not bound by nor should you rely on
any representation by (i) any agent, representative or employee of any third party that you may use to apply for Dial Frank Gerhat's services; or in (ii)
information posted on Dial Frank Gerhat's website of a general informational nature. No employee, contractor, agent or representative of Dial Frank Gerhat is
authorized to alter or amend the terms and conditions of this License Agreement.
8. Representation and Warranties
Your Representations and Warranties. You represent and warrant to Dial Frank Gerhat and anyone who relies that (a) all information contained in
any application or enrollment form for any Dial Frank Gerhat service was true and correct as of the time of submission, and that such information
(including any domain name or e-mail address) does not infringe the Intellectual Property Rights of any third parties; (b) you will abide by
the Terms of Use displayed. You will use the Content in accordance with this License Agreement only.
9. Age Restrictions.
You represent and warrant to Dial Frank Gerhat that you are at least eighteen (18) years old and that you possess the legal right and ability to enter
into this Agreement and to use the website and/or Content in accordance with this Agreement.
10. Ownership and Proprietary Rights.
Dial Frank Gerhat will own all proprietary rights in the work Dial Frank Gerhat provides, including but not limited to, the Content, it being understood that we
repurpose many of the elements from other projects with the exception of works which we license from other sources and sublicense to
you which may include stock graphics, clip art, stock video, stock sounds, stock photographs, and needledrop music.
11. Termination or Removal with Cause.
If you violate any of the terms and conditions of the license agreement, we may terminate or suspend your right to use our website and/or
remove any or all of the websites you have licensed, including any and all licensed Content at any time without prior notice. If we
terminate or suspend or remove your website(s)/Content on this basis, you will not be entitled to any refund of any sum you have paid us.
12. Copyrights, Privacy and Publicity Rights.
You represent and warrant to us that you have not and will not publish any content that infringes the copyrights, privacy or publicity of
any person. You will further not permit that to be done with your password. You further represent and warrant to us that the addition of
advertising to any of the websites and/or Content that we provide to you will not violate the copyrights, privacy or publicity rights of any
person.
13. Disclaimer of Warranties.
EXCEPT AS EXPRESSLY SET FORTH HEREIN THE ADVICE, CONTENT, AND/OR DOMAINS ARE BEING PROVIDED “AS IS”
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT
TO APPLICABLE LAW, Dial Frank Gerhat DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MECHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR
OTHER VIOLATION OF RIGHTS. Dial Frank Gerhat DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE, VALIDITY, ACCURACY, OR RELIABILITY OF THE CONTENT. TO THE EXTENT THAT JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
14. Earnings Disclaimer.
ANY AND ALL CLAIMS OR REPRESENTATIONS AS TO INCOME EARNINGS MADE DURING CONVERSATION, BY OUR
SERVICE OR CONTAINED ON THE DIALFRANK.COM WEBSITE ARE TO BE CONSIDERED EXCEPTIONAL RESULTS AND NOT
AVERAGE EARNINGS. YOUR INDIVIDUAL RESULTS MAY VARY. THERE IS NO GUARANTEE THAT YOU WILL EARN
ANY MONEY AFTER OR DURING THE TIME WE COACH YOU OR BY USING OUR SITES, INSTALLATIONS OR
INSTRUCTIONAL MATERIALS.
EXAMPLES IN THESE 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 AND
CONDITIONS OF THE MARKETPLACE. WE DO NOT PURPORT THIS AS A "GET RICH SCHEME." ANY CLAIMS MADE OF
ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST.
YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON A VARIETY OF
FACTORS, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE, MARKET CONDITIONS AND
VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR
SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
THERE CAN BE NO ASSURANCE THAT ANY PRIOR SUCCESSES, OR PAST RESULTS, AS TO INCOME EARNINGS, CAN BE
USED AS AN INDICATION OF FUTURE SUCCESS OR RESULTS. MAKING DECISIONS BASED ON ANY INFORMATION
PRESENTED IN OUR PRODUCTS, SERVICES OR WEBSITE SHOULD BE DONE ONLY WITH THE KNOWLEDGE THAT YOU
COULD EXPERIENCE SIGNIFICANT LOSSES. ALL PRODUCTS AND SERVICES SOLD ON THIS WEBSITE ARE FOR
EDUCATIONAL AND INFORMATIONAL AND EXAMPLE PURPOSES ONLY.
15. Limitation of Liability.
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM ACTING ON OUR ADVICE, YOUR USE OF
THIS SITE, THE SERVICE PROVIDED, AND ANY INFORMATION CONTAINED WITHIN THIS SITE. UNDER NO
CIRCUMSTANCES SHALL WE OR ANY OF OUR EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT,
PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF WE OR ANY OF OUR EMPLOYEES OR REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY IN ANY EVENT IS LIMITED TO
THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE SITE AND YOU HEREBY RELEASE US AND OUR EMPLOYEES
AND REPRSENTATIVES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS
LIMITATION.
16. Links.
You acknowledge that we have not reviewed the content of all sites linked to and from our website and that we are not responsible for the
content of any of those sites and do not take responsibility for or endorse them.
17. Indemnification.
You agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses
(including, but not limited to, attorney fees) resulting from any claims that you assert, or may assert, based on or relating to your use, or
the use of any individual using your password, of this website, the service and the Content. You further agree to indemnify and hold us,
and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties,
including, but not limited to, attorney fees, that result in whole or in part from violations by you, or any individual using your password
and/or the Content provided to you pursuant to this Agreement, or any of the terms of this Agreement