TERMS AND CONDITIONS OF USE OF THE FRANKLIN ARMORY® WEBSITE
Updated December 1, 2021
Please read the following terms and conditions (the “Terms & Conditions” or “Terms”) carefully before accessing, visiting or using the website owned or operated by Franklin Armory®, Inc., (“Franklin Armory®”).
1. INTELLECTUAL PROPERTY RIGHTS
Our website is maintained to allow you to access information about, and to stay up-to-date on, information and news about Franklin Armory®, our products, and our services. You agree to use our website for your personal, non-commercial use only. Content displayed on our website, including, but not limited to, any and all text, images, graphics, sound, animations and videos, are protected by applicable intellectual property laws, e.g., trademark and copyright laws of the United States, and belong to Franklin Armory® or its partners, affiliates, contributors or third parties. You are not permitted to download, store, copy, reproduce, alter, modify, create derivative works, publicly display, perform, publish, republish, transmit, post, re-post or distribute any of the materials or content displayed or featured on our website except under the following circumstances:
• You may use content or materials from our website with the express prior written permission of Franklin Armory®.
• Your computer may store copies of materials and content from the website on your computer or device temporarily and files may be automatically, but not permanently, cached by your Internet browser.
• You may download or print Franklin Armory® content only for your personal use for non-commercial purposes.
No modification or alteration of the content or materials found on our Websites is permitted.
Our Website, including, but not limited to, all content, features and functionality, is owned by Franklin Armory®, its licensors or other providers. No right, title or interest in or to our website or any content, features and functionality is transferred to you, and all rights not expressly granted herein are reserved by Franklin Armory®.
Franklin Armory® possesses the sole and exclusive rights to its names, product names, brand names, logos, designs, product configurations, service marks, trademarks, trade dress, slogans and all intellectual property. Nothing contained on the website may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, including, but not limited to, the Franklin Armory® logo or “ Franklin Armory®” trade name, without the express prior written permission of Franklin Armory®. To the extent applicable, all other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.
2. PROHIBITED USES OF THE WEBSITE
You agree that you are over the age of 18 years old and will only access, visit or use our website for lawful purposes and in compliance with all local, state and federal laws applicable to you and to Franklin Armory®.
In particular, you agree that you shall not access, visit or use our website to do any of the following:
• Engage in conduct which violates any applicable federal, state, local or international law or regulation;
• Engage in conduct that violates laws regarding the export of data or software to and from the United States;
• Engage in conduct that attempts to or exploits or harms individuals, including, but not limited to minors;
• Engage in conduct that impacts or effects the use, content, features or functionality of the website or otherwise impacts the use, enjoyment or operation of the website or the servers or equipment related thereto;
• Interfere with or disrupt the use, content, features, or functionality of the website;
• Provide any information to us that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;
• Do anything that could disable, overburden, or impair the proper function or appearance of content, features, or functionality of the website, e.g., engage in a denial-of- service attack; and
Franklin Armory® cannot and does not guarantee or warrant that the website, including, but not limited to, materials, content, and files, will be free of viruses or other destructive code, components or objects. You are solely responsible for safeguarding your computer, mobile device, device or network.
YOUR USE OF THE WEBSITE, IT’S CONTENT, MATERIALS, FUNCTIONALITY, AND FEATURES, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, CONTENT, MATERIALS, FUNCTIONALITY, FEATURES AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FRANKLIN ARMORY® DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, FRANKLIN ARMORY® DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, IT’S CONTENT, MATERIALS, FUNCTIONALITY AND FEATURES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
FRANKLIN ARMORY® HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Franklin Armory® reserves the right to modify, amend, delete, suspend or discontinue the website, or any portion thereof, without prior notice.
4. INFORMATION SUBMITTED BY USERS
We do not claim ownership of the photographs, slides, images, content, or other materials (collectively, “Materials”) you provide to us, whether you provide that to us through our website or other means, such as email or social media. However, by sending, mailing, forwarding, uploading, inputting, providing, or otherwise submitting Materials to us, you agree to, and grant to, Franklin Armory® and its sublicensees the right and irrevocable license to use, in perpetuity, any of the Materials submitted to us without compensation (e.g., on a royalty-free basis), notice, or credit to the person(s) submitting such Materials. Such rights shall include, without limitation, the right and license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Materials, and to publish your name in connection with your Materials. In addition, Franklin Armory® shall have the right to make additions to, and create new renderings, modifications or embellishments of, the Materials. All such additions, renderings, modifications and/or embellishments shall be, and remain the property of Franklin Armory®.
Franklin Armory® is under no obligation to use any Materials you provide and may remove any Materials from its publications and/or website at any time in Franklin Armory®’s sole discretion. Franklin Armory® will not return any submitted Materials to you.
Franklin Armory® shall not be liable by virtue of any blurring, distortion, alteration, optical illusion or use in composite form, whether intentional or otherwise, which may occur or be produced in the use of such Materials or the publication thereof, including any misspellings or other mistakes with regard to your name or identity and/or the Material’s subject(s), if disclosed.
Any person submitting Materials represents and warrants that: (i) he/she owns all rights, title and interest in such Materials; and (ii) our use thereof, will in no way infringe upon the rights (including, but not limited to, copyrights) of any person or entity. You are solely responsible for any Materials you submit to Franklin Armory®, including the lawfulness, appropriateness, originality, or copyright.
You may not submit information, content, or Materials that: (i) are false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, constitutes trade secret or confidential information, abusive, illegal or otherwise objectionable; or (ii) constitutes or encourages a criminal offense, or that violates the rights of any party or otherwise gives rise to liability or violates any law.
Any comments or remarks sent to Franklin Armory® including feedback data, such as questions, comments, suggestions, or the like regarding the content of the website or Materials (collectively "Feedback"), shall be deemed to be non-confidential. Franklin Armory® shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Franklin Armory® shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.
Links to other websites: The website may contain links to other websites that are not owned or operated by Franklin Armory®. These links are provided as a convenience for users of the website. They do not constitute approval, endorsement, sponsorship or recommendation for the content of these websites. Should you leave the website via a link contained herein, and view content that is not provided by Franklin Armory®, you do so at your own risk. Franklin Armory® does not accept responsibility for links to other websites and the content available on such websites. Such content is exclusively subject to the liability of the respective website owner.
If you click on a third-party link or third-party content, be sure to read the terms and conditions of use and privacy statements or policies of those websites you access to ensure that you agree or consent to those terms, conditions, statements or policies.
Franklin Armory® does not endorse, support, sanction, warrant, guarantee or verify the information or material that is provided on other websites. Descriptions of, or references to, products, publications or websites that are not owned by Franklin Armory® do not imply endorsement of that product, publication or website.
Franklin Armory® has not reviewed all materials linked to or from our website and is not responsible for the content of any such material. Any concerns regarding any such websites should be directed to the particular website or service.
6. APPLICABLE LAW; JURISDICTION/VENUE
Any and all disputes or claims arising out of or related to the website or the Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any choice or conflict of law principles or provisions.
You agree that any claim or legal proceeding arising out of or relating to the website or the Terms & Conditions must be brought only in the United States District Court of Nevada or the state courts located within the territory of Douglas County, Nevada.
If any provision of these Terms & Conditions is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions of the Terms & Conditions.
8. LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL A COVERED PARTY (AS DEFINED BELOW) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND LOST PROFIT), WHETHER OR NOT FORESEEABLE AND WHETHER BASED ON CONTRACT, TORT, COMMON LAW OR ANY OTHER THEORY OF LIABILITY, STATUTE OR REGULATION, IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE, OR INABILITY TO USE, OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, CONTENT, MATERIALS, FUNCTIONALITY, FEATURES, OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
“Covered Party” means Franklin Armory®, its affiliates, and any officer, director, employee, subcontractor, agent, successor or assign of Franklin Armory® or its affiliates.
You agree to indemnify, defend and hold harmless Franklin Armory®, including, but not limited to, its affiliates, related entities, officers, directors, employees, agents, licensors, suppliers and any third- party information providers, from and against all claims, actions, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any breach of the Terms & Conditions or your use of the Websites.
The Terms & Conditions shall be effective until terminated by Franklin Armory®, at its sole discretion. Termination can occur at any time without notice. In the event of termination, you are no longer authorized to access the Websites, and the conditions imposed on you with respect to content and Materials, as well as the disclaimers, limitations of liabilities and indemnification set forth in the Terms & Conditions, shall survive.
Our failure to insist upon or enforce strict performance of any provision of the Terms & Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms & Conditions. We may assign our rights and duties under these Terms & Conditions to any party at any time without notice to you.