1. User’s Acknowledgment and Acceptance of Terms
Any person who wishes to access and/or use the Website or the Services (the "User“) can do so by registering and agreeing to the General Terms and Conditions applicable at the time. In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these General Terms and Conditions. All such guidelines or rules are hereby incorporated by reference into these General Terms and Conditions. BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE General Terms and Conditions. IF YOU DO NOT WISH TO BE BOUND BY THE THESE General Terms and Conditions, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE General Terms and Conditions BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE. These General Terms and Conditions are effective as of 2012/04/17. We reserve the right to change these General Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these General Terms and Conditions periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgement of the modified General Terms and Conditions and agreement to abide and be bound by the modified General Terms and Conditions.
2. THE SITE: SERVICEThe Website is a friendly platform that supports architecture and engineering studios with their operations and project management. These tools can aid professionals in their activity, either for free or by a paid subscription.
You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of telephone and other service fees associated with such access).
We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-current services on this site shall also be subject to these General Terms and Conditions.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have has no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
3. USERS REGISTRATIONIn order to have access to the Website's services, you need to have registered as an individual user, by filling out all fields in the registration form with up-to-date, true and correct information (the “Individual User Account”). In order to have access to company-specific services, a User holding an Individual User Account must register the company by filling out, with up-to-date, true and correct information, all fields in the registration form they can find on the Website (the “Company Account”). The User who registers the Company Account will remain connected to it as the Company Account administrator, and will be able to add other Users who hold an Individual User Account as administrators of the Company Account. The Individual User Account and the Company Account shall be hereinafter jointly referred to as the "Account” or “Accounts”.
To become a User, you must provide your personal information and comply with every requirement set forth in this document. We will not routinely monitor the contents of your online portfolio. You are solely responsible for any information contained in your online portfolios.
The User undertakes to keep their personal information up to date. The Company is NOT responsible for the accuracy of the personal information provided by Users. Users guarantee and are responsible for the validity, authenticity, truth, and accuracy of the personal information provided.
The Company reserves the right to request any proof and/or additional data that confirms the veracity of the personal information provided, as well as to suspend, either temporarily or permanently, all Users whose information could not be verified. In these cases of suspension or deactivation, the User will not be able to use the Website and will be banned from access to the Accounts, without any right to compensation. In the event that the Individual User Account which is closed or deactivated is the administrator of the Company Account, a new connection between the company and another Individual User Account will be required.
Once the User has registered, it will access their Individual User Account by entering their email and a personal password of their choosing ("Password"). From their profile, the User will be able to select any of the Company Accounts linked to their User Account. You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. The User undertakes to notify the Company immediately, through the proper means, of any unauthorized use of their Account or the access of unauthorized third-parties to said Account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
Accounts are unique, personal, and non-transferable, and it is forbidden for Users to hold or register more than one Account. In the event that the Company detects different Accounts with related or equal information, the Company will be entitled to cancel, suspend, or deactivate them.
The Company reserves the right to reject any registration request, or to cancel a previously accepted registration, without any obligation to inform or express the reasons for such decision, and without this resulting in any right to indemnity or compensation.
4. USE AND PROTECTION
4.1 Obligation to Make Proper Use of the Portal and the ServicesThe User undertakes to employ the Portal and the Services in accordance with the law, these General Terms and Conditions, the applicable Specific Conditions, and generally accepted morality, good practice, and public order.
The User refrains from using the Portal and the Services for illegal purposes, or purposes that: go against what is set forth in these General Conditions; are harmful to the rights or interests of third parties; may in any way damage, disable, overload, or harm the Portal and the Services; may impair the normal use and enjoyment of the Portal and the Services.
4.2 Means to Acquiring ContentsThe User shall refrain from acquiring or attempting to acquire information, messages, graphics, drawings, image or sound files, photographs, recordings, software, and, in general, any type of material which is made accessible through the Portal or the Services (hereinafter the Contents), by means or procedures different from the ones indicated or made available for such purposes.
4.3 Insertion of Hyperlinks to Access the Portal Web Pages and the ServicesUsers and, in general, people who insert a hyperlink between their web page and the Portal (hereinafter, the Hyperlink) shall comply with the following conditions: (a) the Hyperlink will only allow access to the main page or the Home page of the User's website; (b) false, inaccurate or incorrect statements shall not be made on the Portal web pages or the Services and, in particular, it shall not be declared or made understood that Frank has authorized the Hyperlink, or supervised or taken responsibility, in any way, for the contents or services offered or made available on the web page where the Hyperlink is inserted; (e) except for the signs that constitute a part of the Hyperlink itself, the web page where the Hyperlink is inserted shall not contain any trademarks, trade names, signage, names, logos, slogans, or any other distinctive signs belonging to Frank; (f) the web page where the Hyperlink is inserted will not contain information or contents that are illegal or contrary to generally accepted morality, good practice, and public order, and shall not include contents that violate the rights of third parties.
The insertion of the Hyperlink shall, in no event, imply the existence of a relationship between Frank and the owner of the web page where it is inserted, or the acceptance and approval by Frank of any of its contents or services.
4.4 Prohibited UsesThe Website shall be employed by Users for lawful and professional purposes related to architecture, engineering, design, or construction. Users undertake to refrain from, and the Company specifically forbids the use of the Website for the following purposes:
• To provide incomplete, false, deceitful, or inaccurate information.
• To register more than one account for the same user, for a physical person with the same DNI (National Identification Number) or social security number, or for a legal entity with the same tax identification number.
• To edit or delete any content posted by another person or entity.
• To employ any mechanism, software or routine to impair or attempt to impair the proper functioning of or any activity carried out by the Website.
• To take any action that may overload or overburden the infrastructure of the Website.
• To use or attempt to use, with the purpose of navigating or searching the Website, any machine, software, tool, agent, or any other device or mechanism (including but not limited to explorers, spiders, robots, avatars, or intelligent agents), other than the search agents or engines made available by the Company on this Website or the different web explorers generally available (such as Chrome, Safari, Microsoft Internet Explorer).
• To attempt to break, decompile, or get the source code of any software program included in or constituting any part of this Website.
• The Company reserves the right to delete any advertisement that does not comply with the standards set forth in these General Terms and Conditions or the Company's policies in force (including the Specific Conditions of any service provided by the Company), without this resulting in any right to compensation. The Company also reserves the right to suspend or deactivate any User who fails to comply with these General Terms and Conditions, or any User whom the Company judges to have carried out illegal or fraudulent actions through the use of the Website or the Services provided by the Company.
4.5 Account Terms• You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have their own logins under your account).
• You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
• You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
• Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
• You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
5. PAID SERVICESThe Website offers paid services exclusive to Company Users. Company Users who wish to have access to the Website's paid services shall subscribe to a service plan or pay the corresponding amount through one of the payment methods authorized by the Company. The Company reserves the right to modify, at any time, the pay or free-of-charge nature of any service, without this resulting in any right to compensation or reimbursement of any kind. You may see the plans available at the following link. http://www.frankcollaboration.com/pricing.html
In addition to our rights to end this agreement, we may also suspend the provision of Services at any time if we do not receive payment in full when due or if we suspect or have reasons to believe that the User has breached any part of this agreement.
6. DEMONSTRATION VERSIONWe will make one or more Services available to Users on a trial or demonstration basis, free of charge just to try how the Portal works (the “Demo”). The Demo shall not be used for commercial purposes; the demo is only for demonstration purposes. The Users accept and understand that the information enter to try the Portal may be seen by other users and that the information may not be stored and kept by the Portal, as the user may only user the Demo in order to try how the Portal services available in the demo version. Only some services are available at the Demo version, which could change from time to time. The terms and conditions in this Agreement shall apply to the demo Users.
ANY DATA THE USER ENTERS INTO THE PORTAL IN THE DEMO VERSION WILL BE PERMANENTLY LOST AND COULD BE SEEN BY OTHER USERS. THE USER SHALL NOT ENTER ANY INFORMATION IN THE DEMO VERSION THAT MAY BE CONFIDENTIAL.
NOTWITHSTANDING SECTION 15 (WARRANTIES AND DISCLAIMERS), THE DEMO VERSION SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.
7. REVITS USE LICENSE AGREEMENTWhen downloading Revits and BIM Content Creation from the Website, you agree to observe the following License Agreement: Users are granted a non-exclusive license for personal, revocable, non-commercial, non-transferable, and restricted use, limited to the territory where the content is downloaded and for as long as they are Users of the Website, over the BIM Content Creation and Revits (the "Revits") they download from the Website, after payment to Frank in case they are not free of charge.
Users shall not sell, rent, lease, distribute, reproduce, transfer, or yield their rights over the Revit to third parties, either in part or in full, or create work derived from the Revit or carry out any action that violates the Revit's copyright. Additionally, the User shall not remove any trademark, watermark, labels, logos, or any other marks on the Revit.
Frank and the copyright owner reserve all the rights under this License Agreement which are not specifically granted to the User. Frank or the Revits' copyright owner may revoke this license at any time, without the User having the right to any claim whatsoever.
Frank makes available to you the Revits through its on-line system under the "as is" rule, without any explicit or implicit guarantee, including any guarantee that the Revit will be useful for a specific use or purpose.
In no event shall Frank or the owner be liable for any expenses, indirect or consequential loss or damages, loss of profit, moral damages, or punitive damages in connection with the use of the Revits. Frank shall not be responsible for any breach, delays, or any events or actions that are non-attributable to Frank. Any claims should be submitted to the Uploader of the Revit. Any judicial or extrajudicial claims shall be filed within a period of two (2) years from the Revit download date. In the event that Frank or the downloaded work's copyright owner detect a breach to this Agreement on the part of the User, Frank may render this license unenforceable, and the User shall immediately cease to use it and shall compensate for the incurred damages. This license is governed by the laws of the State of California. Any disputes arising from or related to this Agreement shall be resolved in the courts of Los Angeles County, California, waving any other venue or jurisdiction as may otherwise apply.
8. REVITS UPLOAD TO THE WEBSITE; LICENSING; AUTHORIZATIONIn the event that a User decides to upload a BIM Content Creation and Revits (the "Revits") to the Website, (the "Uploader") shall bear in mind that these may be later downloaded by other Website Users at no cost. Therefore, in uploading the information you agree to grant Frank the following rights and guarantees over such work. The Uploader grants Frank a free-of-charge, non-exclusive, commercial, unlimited user license without any time or territorial restrictions, over the BIM Content Creation and Revits (the "Revits") that the Uploader loads to the Website, to allow all authorized Users to download and use them. Additionally, the Uploader grants Frank the right to sublicense the Revits to third parties who download them from the Website.
The Uploader guarantees that the Revits uploaded to the Website are of the Uploader's ownership, and/or that the Uploader is entitled to: upload them, allow third parties to download and use them, and grant Frank the right to sublicense them to third parties. The Uploader guarantees that the content uploaded to the Website does not infringe any industrial or intellectual property rights, any privacy or image rights, or any other rights of third parties. In this respect, the Uploader agrees to indemnify and hold harmless Frank and/or any other User downloading and using a Revit, in the event of any judicial claim, action, or lawsuit brought by a third party in relation with a Revit, compensating for any amount due to said third party.
Frank's liability to the Uploader and any third party in regards to the fulfillment of its obligations to the content uploaded to the Website, whether legal, contractual, or extra contractual, shall not exceed in the aggregate the amount paid to Frank by the Uploader in return for said service. Up to the limit hereinabove stated, Frank shall only be liable for any foreseeable direct damage which constitute an actual loss. In no event shall Frank be responsible for any expenses, indirect or consequential loss or damages, loss of profit, moral damages, or punitive damages. Frank shall not be responsible for any breach, delays, or any events or actions that are non-attributable to Frank. Any judicial or extrajudicial claims shall be filed within a period of two (2) years from the Revit download date. This license is governed by the laws of the State of California. Any disputes arising from or related to this Agreement shall be resolved in the courts of Los Angeles County, California, waving any other venue or jurisdiction as may otherwise apply.
9. PROVISION OF THE SERVICE / OUTSOURCED SERVICESThe User accepts and acknowledges that some services such as Revit design (BIM Content Creation) will be provided by third parties outside the Company (the "Designer"). The relationship will be established between the User and the Designer exclusively, and the Company will not be responsible for the quality of the provided service or product. In the event of any claims that the User may feel entitled to make, they shall refer to the Designer directly.
10. INDUSTRIAL AND INTELLECTUAL PROPERTYThe Website content, design, source code and, especially, any other contents including but not limited to photographs, BIMs, Revit designs, images, information compilation, texts, logos, designs, trademarks, trade names, and all data contained in the Website are the property of Frank or its licensor. It is hereby forbidden to copy, allow public access by any means of public communication, transform, alter, or distribute the Website contents.
All logos, trademarks, BIM Content Creation and Revits on the Website are the property of Frank or its licensor. Users must comply with the terms of the license granted to Users who download such contents, and with the intellectual rights governing said companies' work or trademarks.
Users and visitors are hereby notified that said rights are protected by copyright and intellectual and industrial property legislation.
It is hereby expressly forbidden to reproduce the Website or any of its contents, in part or in full, even through a hyperlink, without the express consent of the Company.
Additionally, except as otherwise expressly authorized in writing by the Company, it is strictly forbidden to copy, reproduce, adapt, modify, distribute, sale, or publicly communicate the Website's contents, and/or any other action which results in the infringement of any local or international industrial and intellectual property laws.
The Company hereby informs that no implicit authorization or license whatsoever is granted over the industrial and/or intellectual property rights, or over any other rights or property related, directly or indirectly, to the Website contents.
11. FILE DOWNLOADING AND STORAGEUsers accept and acknowledge that the file hosting service provided by the Website has the sole purpose of providing professionals with a tool to share work of their authorship (the "Documents"). Users may not upload files that are illegal or that violate the rights of third parties, and accept the takedown procedure hereby set forth. Consequently, Users agree to waive any claims in case the Company, based upon a third party claim, blocks their account or their access to the documents stored through the Website.
Users take full responsibility for any document they upload to and download from the Website.
In the event that the Company is notified that a User or group of Users are involved in the upload and download of any contents in violation of the rights of third parties, the Company will block access to said Accounts or files stored in the Website, and will inform the User of such situation. The User shall then take proper action against the third party claimant, or take full responsibility in writing and through indemnity in favor of the Company about the legitimacy and the rights over the documents uploaded to the Website.
Users shall not upload to the Website any content that: • May be offensive to the fundamental rights of the individuals, especially the ones related to honor, dignity, privacy, non-discrimination, health, image, and freedom of expression, regardless of the body of law protecting such rights. • May result in the infringement of the intellectual property rights of third parties. • May be considered inappropriate. • Intends to breach the security and/or hinder the proper functioning of Frank's information systems or those of third parties. • May induce, incite, and encourage any criminal, illegal, dysfunctional, or morally reprehensible actions, or that may constitute a violation of the intellectual property rights of third parties. • Intends to collect information from third parties with the purpose of sending them advertisement or any kind of propaganda, without their express request.
12. DMCA NOTIFICATIONSIf you believe that your work or trademark has been uploaded, copied, posted, or made available through the Website in any way that constitutes a violation to copyright or trademark laws, please contact Frank via email at email@example.com.
13. ADDITIONAL TERMS FOR EMPLOYERSEmployers are solely responsible for the job offers posted on the Website. Frank is not to be considered to be an employer with respect to Users, and Frank shall not be responsible for any decisions made by the employer company offering a job.
It is hereby clarified that in case the Company Account is canceled, any and all information related to job offers and job applicants will be deleted from Frank's databases.
Applicants' profiles derive from the information provided by Users. Frank does not guarantee such information's validity, actuality, truth and accuracy, or the work carried out on the basis of such information.
Companies shall not post job offers which contain: • a hyperlink to a website other than the ones authorized by Frank; • inaccurate, incomplete, or misleading words or information; • the names, logos, or trademarks of companies other than, or which are part of, the Company User, if they are not the ones posting the job offer; • more than one job description, more than one job location, or more than one job category, unless the service so allows; • employment offers for anyone under 18 years of age. Companies shall not post job offers which: • in any way contravenes the local, state, national, or international laws of the place where the offer was posted or where the job is to be carried out. • are not in the form of employment, which in the United States require the use of IRS Forms W-2 or 1099. • involve countries with current economic or other sanctions by the government of the United States.
14. LIMITATIONS OF THE COMPANY LIABILITYTHE COMPANY'S LIABILITY TO USERS AND TO ANY THIRD PARTY WITH RESPECT TO THE SERVICE PROVIDED BY THE COMPANY, WHETHER LEGAL, CONTRACTUAL, OR EXTRA CONTRACTUAL, SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT PAID BY THE ACQUIRER IN RETURN FOR SAID PRODUCT OR SERVICE, OR USD$100 IN THE CASE OF USERS OF A FREE-OF-CHARGE SERVICE. UP TO THE LIMIT HEREINABOVE STATED, THE COMPANY SHALL ONLY BE RESPONSIBLE FOR ANY FORESEEABLE DIRECT DAMAGE WHICH CONSTITUTE AN ACTUAL LOSS. THE COMPANY SHALL IN NO EVENT BE RESPONSIBLE FOR ANY EXPENSES, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF INFORMATION, LOSS OF WORK OPPORTUNITIES, LOSS OF PROFIT, OR ANY MORAL OR PUNITIVE DAMAGES. Without limiting the foregoing, the Company shall in no event be liable for, including but not limited to, the following: • The use that Users or visitors make of the Website's or Linked Web pages' contents, whether allowed or prohibited, in violation of the industrial and/or intellectual property rights of the Website or of third parties. • The content uploaded by Users to the Website, whether files or information. • Any potential damage to Users or visitors caused by the normal or abnormal functioning of the search tools; the layout or location of the contents and/or access to the Website; and, in general, any potential errors or problems caused by the development or implementation of the technical elements or software made available to Users or visitors by the Website; • The contents of the web pages accessed by visitors or Users through links included on the Website, whether authorized or not; • The actions or omissions of third parties, whether or not said parties have contractual ties with the Company; • Any dialogs or instances of communication exchanged during debates, forums, chats, and virtual communities organized through or around the Website and/or Linked Web pages. Consequently, the Company is not responsible for any potential damages to individual and/or group visitors or Users resulting from such dialogs or instances of communication. Without limiting the foregoing, the Company shall in no event be responsible for: • Any delays or errors during Users' attempts to insert their data to the Website or retrieve information contained in documents; any delays or inability to receive communication or information; or any other anomaly, when due to Internet connection problems, force majeure or unforeseen circumstances, or any unforeseeable contingency beyond the control and good faith of the Company; • Any failures or incidents affecting communications, deletion or incomplete transmissions, as it is not guaranteed that the Website's services are fully operative at all times; • Any errors or damages to the Website resulting from the User's inefficient use or use in bad faith.
15. DISCLAIMER OF WARRANTIESALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with the Company. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized spokesperson of the Company speaking in his/her official capacity. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
18. TERMINATION. DELETION OF DATAUpon termination of this agreement for whatever reason, WE WILL KEEP THE INFORMATION UPLOADED AND ENTERED BY THE USER (the “Information”) FOR 1 YEAR FROM THE TERMINATION DATE. AFTER THAT PERIOD, ALL THE INFORMATION SHALL BE DELETED AND WE WILL NOT KEEP A BACKUP, AND THE DATA WILL BE LOST.
Charges for the reactivation of the account may apply after the termination of the agreement.
19. COMPLIANCE WITH THE LAWThe User shall be responsible to comply with any federal, state and local laws and regulations relating to their business. The Portal is not designed to achieve or contribute to User’s compliance with any applicable laws, including but not limited to Sarbanes Oxley. User is further responsible for compliance with any applicable governmental regulations with respect to the use of the Portal, including, but not limited to import and export restrictions, obtaining any necessary consents and licenses and registering or filing any documents.
20. SUSPENSION OF THE SERVICEFrom time to time we may temporarily suspend access to Frank for maintenance, repairs or other reasons. We will try to do this outside of normal business hours and provide notice in advance but this might not always be possible.
Whilst we aim to provide uninterrupted use of Frank Services, unfortunately we can’t guarantee this. Whenever possible, we will provide advance warning of any known or planned interruptions and we will try to keep any interruption as brief as possible
21. CAPACITY – MINORS EXCLUDEDOur services are available only to people with legal capacity to contract. Therefore, this Site does not allow its use by persons under the age of 18. Whoever does not fulfill this condition shall refrain from providing personal information to be included in our databases.
22. INDEMNIFICATIONUpon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
23. EXPORT CONTROLSSoftware available on or through this site is subject to United States Export Controls. No software from this site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
24. INTERNATIONAL USEAlthough this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
25. APPLICABLE LAW AND JURISDICTIONThese General Terms and Conditions are governed by the laws of the State of California. Any disputes arising from or related to this Agreement shall be resolved in the courts of Los Angeles County, California, waving any other venue or jurisdiction as may otherwise apply.
26. ENTIRE AGREEMENTThese General Terms and Conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these General Terms and Conditions, these General Terms and Conditions shall take precedence.
27. MISCELLANEOUSIn any action to enforce these General Terms and Conditions, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these General Terms and Conditions to anything party, and any purported attempt to do so shall be null and void. We may free assign our rights and obligations under these General Terms and Conditions. You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
In the event that any clause contained in these General Terms and Conditions is declared totally or partially null and void, the rest of the clauses will remain in force and shall be interpreted taking into account the will of the parties and the very purpose of these Conditions.
If the Company does not exercise any of the rights and faculties conferred by this document, such non-action shall not be deemed a waiver of said rights, except as otherwise expressly acknowledged by FrankCollaboration, or in case the time limit for the action has expired (statute of limitations).