Find Calm Here Client Terms & Conditions
The Client Owns All Work Product.
As part of this project, the Consultant is creating a “work product” for the Client. To avoid confusion, work product is the finished product, as well as drafts, notes, materials, mockups, hardware, designs, inventions, patents, code, and anything else that the Consultant works on—that is, conceives, creates, designs, develops, invents, works on, or reduces to practice—as part of this project.
The Client is hiring the Consultant as an independent contractor.
The Consultant will use her own equipment, tools, and material to do the work. The Client will not control how the job is performed on a day-to-day basis. Rather, the Consultant is responsible for determining when, where, and how it will carry out the work.
Professional Work Environment
The Consultant expects that the Client respect the agreement stated in the package and will not, under any circumstances ask or tell the Consultant to do work that is outside the scope of the project outlined in the package. Asking or telling the Consultant to do or expecting the Consultant to complete work outside the scope of the project may lead to termination of the partnership without a refund and/or reimbursement. If at any time the Consultant is treated rudely (being yelled at, spoken to in a demeaning manner, sent demanding text or emails, and/or including demands) the Consultant can and will terminate the agreement with the Client without refund/reimbursement.
Consultant’s Use Of Work Product.
Once the Consultant gives the work product to the Client, the Consultant does not have any rights to it, except those that the Client explicitly gives the Consultant here. The Client gives permission to use the work product as part of portfolios and websites, in galleries, and in other media, so long as it is to showcase the work and not for any other purpose. The Client does not give permission to sell or otherwise use the work product to make money or for any other commercial use. The Client is not allowed to take back this license, even after the Contract ends.
Consultant’s IP That Is Not Work Product.
During the course of this project, the Consultant might use intellectual property that the Consultant owns or has licensed from a third party, but that does not qualify as a “work product.” The Consultant is not giving the Client this background IP. But, as part of the contract, the Consultant is giving the Client a right to use and license (with the right to sublicense) the background IP to develop, market, sell, and support the Client’s products and services. The Client may use this background IP worldwide and free of charge, but it cannot transfer its rights to the Background IP. The Client cannot sell or license the background IP separately from its products or services. The Consultant cannot take back this grant, and this grant does not end when the Contract is over.
Consultant’s Right To Use Client IP.
The Consultant may need to use the Client’s intellectual property to do their job. For example, if the Client is hiring the Consultant to build a website, the Consultant may have to use the Client’s logo. The Client agrees to let the Consultant use the Client’s intellectual property and other intellectual property that the Client controls to the extent reasonably necessary to do the Consultant’s job. Beyond that, the Client is not giving the Consultant any intellectual property rights, unless specifically stated otherwise in this Contract.
Termination of Contract
The Consultant or Client can terminate partnership at any time, for any reason. If client decides to discontinue services, there are no refunds or reimbursements unless approved in writing by the Consultant. If the Consultant was not able to complete tasks due to client actions, direction, or advisement, there is no approval financial refunds.
There is no non-compete clause in place with this contract therefore the Consultant may be hired by any competitor or non-competitor for consulting services as the services offered are customized to each client.
Third-Party Confidential Information.
It’s possible the Client and the Consultant each have access to confidential information that belongs to third parties. The Client and the Consultant each promise that they will not share with the other party confidential information that belongs to third parties unless it is allowed to do so. If the Client or the Consultant is allowed to share confidential information with the other party and does so, the sharing party promises to tell the other party in writing of any special restrictions regarding that information.
There is no refund on purchases of services, products, or membership subscriptions. .
This section transfers certain risks between the parties if a third party sues or goes after the Client or the Consultant or both. For example, if the Client gets sued for something that the Consultant did, the Consultant may promise to come to the Client’s defense or reimburse the Client for any losses.
Client Indemnity. In this Contract, the Consultant agrees to indemnify the Client (and its affiliates and their directors, officers, employees, and agents) from and against all liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of: (i) the work the Consultant has done under this Contract; (ii) a breach by the Consultant of its obligations under this Contract; or (iii) a breach by the Consultant of the promises it is making in Section 5 (Representations).
Consultant Indemnity. In this Contract, the Client agrees to indemnify the Consultant (and its affiliates and their directors, officers, employees, and agents) from and against liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of a breach by the Client of its obligations under this Contract.
“Community” – In the context of the FCH Community, you are joining an online membership at a monthly, annual, or lifetime membership level. All references to the community will be speaking about the content inside the Mighty Networks platform behind a paywall, that as a member you have access to as long as you are a paying member or lifetime member.
“Company” – The company is Find Calm Here LLC, Founder Deb Schell ©2022 and any content, comments, links, notes, or resources that are the property of FCH LLC or attributed to the creator of the content is used in conjunction with examples, case studies, or other content.
“Content” means any text, information, data, graphics, messages, sounds, videos, content, code, scripts, software, or other materials. All content is copyrighted and can only be used with written permission from the community host.
“User Content” means any Content that a user submits to the Community, including feedback, suggestions, requests, or questions. The term “submit” includes submitting, posting, uploading, or otherwise making available User Content on or through the Community.
Use of the Community
You may access Content in the Community as a paying or lifetime member to the Community. You are responsible for your account and everything that happens under your account in accordance with the Terms of Service and/or other governing agreement(s) between you and the Company regarding your Company Service account. We reserve the right to change, add to, or disable the Community at any time, without notice or liability.
Changes to Terms
The company may modify these Terms from time to time. Unless we specify otherwise, changes become effective upon our posting of the updated Terms, and the updated Terms will apply to all users of the Community after they are posted. We will use reasonable efforts to notify you of the changes as provided in Section 11 (General Terms).
You are responsible for any User Content you submit to the Community. You do not lose any ownership rights you may have to User Content that you submit, but you understand that the User Content will be publicly available. By submitting User Content, you grant us and, at our sole discretion, other Community users a worldwide, non-exclusive, royalty-free, irrevocable, perpetual, fully-paid, and transferable license to use, reproduce, distribute, prepare derivative works of, and publicly display and perform your Content in any form or format and through any media (including, for Company, in connection with our products and services and in our marketing and publicity). If your User Content contains your name, image, or likeness, you waive any claim under any rights of privacy or publicity (including under California Civil Code 3344 and similar laws) related to the use of the same in connection with the use of your User Content.
Company Not Responsible. We have no obligation to (but may, in our discretion) monitor or review User Content. We have no responsibility for and make no promises about User Content you may encounter in the Community, including whether it infringes third-party rights or its reliability, accuracy, usefulness, or safety. You may find User Content on the Community to be offensive, indecent, or objectionable. However, you agree not to hold us responsible in any way for any User Content you encounter.
Removal of User Content. We reserve the right to remove any User Content at any time without notice, for any or no reason, including if any such Content violates these Terms. We do not promise to store or make any of your User Content or any other Content available to the Community for any length of time.
Social Media. The Community may support sharing User Content on social media platforms such as Twitter, Facebook, or LinkedIn (“Social Media”), and allowing other users (or companies) to share your User Content on Social Media. By accepting the terms of this agreement you understand and agree to the use of your image, words, and other content with or without your consent.
The Community contains proprietary and confidential information that is protected by intellectual property and other laws. The company and its suppliers retain all rights, titles, and interests in and to the Community, any Content on the Community (other than User Content), and the Company Service. The company retains all rights to its branding, logos, trademarks, and service marks, and nothing in these Terms grants you rights to use them.
We may terminate or suspend these Terms or your access to the Community at any time, with or without notice and for any or no reason. Upon any termination or suspension of these Terms, we may delete your account, passwords, and User Content, and we may bar you from further use of the Community. You understand that we may also continue to make your User Content available on the Community, or elsewhere as permitted under these Terms, even if your use of the Community is terminated or suspended.
You will defend (at our request), indemnify and hold harmless us from and against any claim by a third party arising from or related to (a) your use or attempted use of the Community in violation of these Terms, (b) your violation of any law or rights of any third party, or © any User Content you submit to the Community, including any claim of infringement, misappropriation or violation of any intellectual property, privacy or other rights.
Cancelation and Refunds
If you decide to leave the community or you are removed from the community (for any reason) there is no refund available for a lifetime membership. For members who’ve subscribed monthly or annually, you’ll need to reach out to the host for further instructions.