Terms of Service
What is the Service?
The service is this website, franklin.marketing. The service is also all of the services we provide through and make reference to on this website. The specifics about the service are detailed in these terms.
Please read these Terms of Service (“Terms”, “Terms and Conditions”) carefully before using the franklin.marketing website (the “Service”) operated by Franklin Marketing, LLC ("Franklin Marketing", "franklin.marketing", “us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
We Communicate With our Clients
If You Decide to Make a Purchase
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that:
- you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase;
- and that the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to:
- product or service availability;
- errors in the description or price of the product or service;
- error in your order;
- if fraud or an unauthorized or illegal transaction is suspected;
- or, any other reasons.
We Try Not to—but, we may—Make Mistakes
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our other forms of marketing/advertising. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
We strive to communicate our services cleary. If you have any questions, suspect an error, or believe something is outdated, you may e-mail us at [email protected].
We May Run Promotions
We like to have fun in our marketing. Promotions, giveaways, contests, etc. can be a fun way to build awareness about our services and offer products and services to clients who would otherwise not be ready to commit.
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Your Content and Our Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, You represent and warrant that:
- the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms;
- and, that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. Franklin Marketing has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Franklin Marketing or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us. You may request permission by e-mail at [email protected].
If You Decide To Create an Account
This is Our Intellectual Property
We Are Not Responsible For Others
Our Service may contain links to third party web sites or services that are not owned or controlled by Franklin Marketing. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Franklin Marketing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and privacy policies of any third party web sites or services that you visit.
Who May Terminate Your Account?
We may terminate or suspend your account and/or bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
There Is No Compensation For Harm or Loss
You agree to defend, indemnify and hold harmless Franklin Marketing and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of
- your use and access of the Service, by you or any person using your account and password;
- a breach of these Terms;
- or, Content posted on the Service.
Limitation of Liability
In no event shall Franklin Marketing, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
- your access to or use of or inability to access or use the Service;
- any conduct or content of any third party on the Service;
- any content obtained from the Service;
- and, unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Franklin Marketing its subsidiaries, affiliates, and its licensors do not warrant that
- the Service will function uninterrupted, secure or available at any particular time or location;
- any errors or defects will be corrected;
- the Service is free of viruses or other harmful components;
- the results of using the Service will meet your requirements.
Exclusions
Governing Law—Jurisdiction
We May Change These Terms
How To Contact Us
If you have any questions regarding these terms or our service, you can use the site’s Contact Page or contact us at:
Franklin Marketing, LLC
[email protected]
(615) 900-0807