Agreement to Terms and Conditions of this Website: By accessing and/or using this website, you agree to be bound by our Terms and Conditions and all Applicable Law as defined herein governing this website and the delivery of services to you by the company. If you do not agree to these Terms set forth, then do not use this website.
Modifications: The Company is continually improving its services, and offerings and updating its Terms as laws change. Consequently, this website and/or our Terms will be modified and/or discontinued from time to time at the sole discretion of the Company. Also, given changes in the industry, regulation, technology, and business factors, we encourage you to review our Terms each time you visit our websites to make sure you understand our current Terms and to check for any updates or changes to our policies.
Permitted Use & Access: You are permitted a limited, revocable authorization to access, utilize, browse or simply view this platform solely for your own personal, non-commercial use. Your use and conduct are strictly regulated by Applicable Law as defined herein. Any other use is strictly prohibited.
Jurisdiction, Venue & Disputes: This website is operated by the Company. The Company makes no representation that the Materials, Terms, and Conditions, or website are legal or appropriate for use in all countries. If you choose to access this website, you do so at your own risk. You agree that any dispute whatsoever arising under our Terms, the use or access of and/or involving this website, shall be governed by and construed in accordance with international laws, (collectively referred to herein as “Applicable Law”) without regard to conflict of law provisions.
IP & Publicity Provision: This website and all materials, including but not limited to, images, content, illustrations, design, posts, audio clips, video clips, operation, structure, “look and feel”, software, logos, pictures, trade names, trademarks, other commercial or product designations of the company, and any other related property (“Materials”) are the property of the Company and/or third party licensors. These Materials are protected from unauthorized copying and/or dissemination by copyrights that are owned or licensed by the Company and by Applicable Law as defined herein, foreign laws, and international conventions. You are strictly prohibited from modifying and/or altering Materials including but not limited to the Materials’ copyright legends and/or proprietary notices. You may not reproduce, sell, perform, create derivative works from, republish, upload, post, transmit, frame, display, publicly perform, or distribute in any way whatsoever Materials from this website (including but not limited to the use of the Materials on any other website and/or in a networked computer environment) without the prior written consent from the Company. Any modifications or use of Materials in any manner not provided herein shall constitute an infringement of the Company entity rights. Separately, you shall not identify or make reference to the Company in any public announcement, communication, press release, advertising, or other promotional modality regardless of its form without prior written consent from the Company.
Links and Search Results: This website may automatically produce search results that reference or link to third-party sites throughout the World Wide Web. The Company is not affiliated with these third parties and has no control over these third party sites or their content. The Company Terms apply solely to the Company and its associated websites.
Product Disclaimers: No claims, representations, or warranties, whether expressed or implied, are made by the Company as to the safety, reliability, durability, and performance of any of our products. Furthermore, our company accepts no liability whatsoever for the safety, security, accuracy, or quality of any of our products. In no event shall the Company be liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, whatsoever arising out of or connected with the use or misuse of our product(s).” Our products are provided “as-is”, and must be installed specifically as instructed, and further tested by the consumer to ensure proper fit alignment after final installation. Proper fit, installation, and safety, are the sole responsibility of the customer.
Website Disclaimers: The Company does not promise that this website or its materials shall be complete, reliable, error-free, free of virus or contamination, or uninterrupted. The website and its materials are provided on an “as are” and “as available” basis. The Company and its suppliers, to the fullest extent permitted by law, specifically disclaim all warranties, expressed or implied of any nature whatsoever related to every aspect and element of this website including but not limited to warranties of merchantability and fitness for a particular purpose. If your use of the website or the materials results in the destruction of software and/or hardware, or the need for servicing or replacing equipment or data, the Company is not and shall not be responsible for any of those costs whatsoever. Further, in no event shall the Company, its suppliers, or any third parties mentioned at this site be liable for any damages whatsoever (including, without limitation, direct, foreseeable, special, incidental, and/or consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use and/or inability to use the web site and/or the material, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages.
Arbitration: Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to Claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms and Conditions (including the “Continuation” provision below), and without waiving either party’s right of appeal, if any portion of this “Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply.
Important Notice: As you have found the Company utility online, it is self-evident that you have basic computer skills and thus know how to use a computer. There are no refunds given based on your inability to navigate or otherwise understand how to use a website or computer, or you did not understand that inserting credit card information on a web form and clicking a purchase button, constitutes a valid form of commerce payment/purchase. This site is designed for the average user experience level. Refunds on the eligible product(s) (see above) will only be made back to the original payment Credit card, and are only available for the first 90 days following the initial payment(s).
Violation of Terms & Indemnity: If you violate the Terms, your permitted use is automatically terminated. You agree to indemnify, hold harmless and defend the Company from all loss, liability, damage, or claims including reasonable attorneys’ fees arising out of your act(s) or omission(s), any breach of the Terms, and/or any unauthorized use of this website.
Legal Proceedings: In the event, either party brings any action for any relief, declaratory or otherwise, arising out of this website, our Terms, and/or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party attorneys’ fees, costs, and expenses.
Public Forum: Our website may make chat rooms, message boards, and/or news groups available to its users. Please remember that the information that is disclosed in these areas becomes public information. You should not disclose your personal information when using these areas. In addition, any conduct or content that is illegal or inappropriate is strictly prohibited from the website. The views, content, and opinions expressed in the public Forums do not necessarily represent the views and opinions of the Company product line.
User Submissions: Generally, any communication which you post to the website is considered to be non-confidential. If particular web pages permit the submission of communications, which will be treated by the Company as confidential, that fact will be stated in Legal Notices on those pages. By posting communications to the website, you automatically grant the Company a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed and to sublicense such rights through multiple tiers of sub-licenses. As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person. the Company does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other users or endorses any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications, which allegedly do not conform to this Agreement, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for the performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the website for violating the Company Terms and Conditions, or Applicable Law, and the right to remove communications that are abusive, illegal, or disruptive.
Upon request by The Company, the User agrees to defend, indemnify, and hold The Company harmless and its affiliates, employees, contractors, officers, directors, third-party content providers, and licensors from all liabilities, claims, and expenses, including attorney’s fees, which arise from the User’s use or misuse of our site, or Content. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with The Company in asserting any available defenses.
Except as otherwise expressly set forth herein, The Company Only shall bear no liability whatsoever for representations made to Clients by Affiliates. Affiliates are independent contractors and are not employed by The Company. Affiliates may inadvertently or purposefully provide information that may not be entirely factual or accurate. Accordingly, Affiliates alone assume ALL RISKS and ownership of any inaccurate information as may be shared with the Client. As a consequence, the Client agrees to indemnify, defend, and hold harmless The Company, any related entities, its directors, officers, employees, agents, successors, and assigns, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, to the extent that such action is based upon a claim that, if true, would constitute a breach of any Affiliate representations, warranties, or agreements hereunder.
Release: The user hereby releases and forever discharges Franklin Virtual Schools, its affiliates, employees, contractors, officers and directors, agents, successors, and assigns (“released parties”), from all actions, causes of action, injuries, claims, damages, costs, or expenses of any kind growing out of or related to the user or user’s minor child(ren)’s use of the Franklin Virtual Schools sites. The user understands that this is a full and complete release to the maximum extent allowed by law of all claims and damages to which you or your minor child(ren) may have as a result of his or her use of the Franklin Virtual Schools sites regardless of the specific cause thereof.