TERMS & CONDITIONS
1. BINDING EFFECT. This website, located at www.franklinandgower.com (the “Site”), is operated by Franklin + Gower, LLC (the “Company,” “we” or “us”). By accessing and using the Site or any services provided in connection with the Site, you agree to abide by these Terms of Use (these “Terms” or this “Agreement”), as they may be amended by the Company from time to time in the its sole discretion.
2. PRIVACY POLICY. We respect your privacy and permit you to control the treatment of your personal information. A complete statement of the Company’s current privacy policy can be found by clicking here http://www.franklinandgower.com/privacy. The Company’s privacy policy is expressly incorporated into this Agreement by this reference.
3. ACCOUNT. If and when you are required to open an account to use or access the Site, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may also be asked to provide a user name and password, in which case you are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify us immediately of any unauthorized use of your account, user name, or password. The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
4. COMPANY CONTENT. All content on the Site, including without limitation the text, graphics, interactive features, logos, photos, software, data, and all other visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site (collectively, the "Company Content") are the intellectual property of the Company, its licensors or its suppliers. The Company Content is protected by copyright and other intellectual property rights, and all ownership therein shall remain with the Company, its licensors or its suppliers, as the case may be. The Company reserves all rights not expressly granted in and to the Site and the Company Content. Except for the limited right to access and use this Site, no right or license is granted to you in or to any Company Content. Franklin + Gower™ and the “+” logo are trademarks of the Company, and you may not copy or use them in any manner. Other trademarks and logos displayed on the Site are owned by the Company’s licensors and you may not copy or use them in any manner.
5. USER COMMENTS, SUBMISSIONS AND CONTENT. All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "User Content") shall be and remain property of the Company. Such disclosure, submission or offer of any User Content shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the User Content. Thus, the Company will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any User Content. The Company is and shall be under no obligation to (i) maintain any User Content in confidence; (ii) pay to you any compensation for any User Content; or (iii) respond to any User Content. You agree and warrant that no User Content submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s). You further agree that no User Content submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are solely responsible for the content of any User Content you submit. You agree that we may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. Please see our Privacy Policy for additional details.
6. COLORS. We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
7. NO WARRANTIES. THE COMPANY IS MAKING THE SITE AVAILABLE “AS IS” AND WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
8. LIMITED LIABILITY. THE COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
9. AFFILIATED SITES. We have no control over, and no liability for any third party websites or materials. We work with a number of partners and affiliates whose websites may be linked with the Site. Because neither the Company nor the Site has control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless otherwise expressly provided, these Terms shall govern your use of any and all third party content.
10. PROHIBITED USES. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; or (c) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
11. INDEMNITY. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
12. GOVERNING LAW. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California, USA in all disputes arising out of or related to the use of the Site.
13. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
14. CALIFORNIA USE ONLY. The Site is controlled and operated by the Company from its offices in the State of California. The Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as the Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
15. MODIFICATIONS. The Company may, in its sole discretion and without prior notice, (a) revise these Terms; (b) modify the Site; and (c) discontinue the Site at any time. The Company shall post any revision to these Terms to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
16. TERMINATION. This Agreement is effective unless and until terminated. Either party may terminate this Agreement at any time without notice.
17. ACKNOWLEDGEMENT. YOU AGREE THAT BY USING THE SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
Copyright © 2009 Franklin + Gower, LLC. All rights reserved.
Customer Support:
Please complete our contact form or send email to service@franklinandgower.com or call 1-866-323-0213 or via post at:
Franklin + Gower
6671 Sunset Blvd, Ste 1574B
Hollywood, CA 90028