norivaus
Terms of Use
These Terms of Use (hereinafter referred to as the “Terms”) apply to our company’s operations. Please read these Terms carefully before using this website.
Please note that these Terms contain provisions regarding dispute resolution between us, including provisions for arbitration agreements, waivers of class action lawsuits, and waivers of jury trials. Please read all Terms carefully before using this website.
1. General Purpose and Limitations
By accessing and using this website, you (on your behalf and any entity or individual you access on your behalf) agree to abide by these Terms. You may only use and access this website for lawful purposes and in a manner consistent with these Terms. Your agreement to these Terms is a prerequisite for your access to and use of this website. If you do not agree to these Terms, you must immediately exit this website.
By accessing this website, you represent that you are at least 18 years old, have the right to agree to these Terms, and that all information you provide is accurate.
2. Prohibited Uses
You agree not to use this website for the following activities:
(a) Violating any applicable law;
(b) Sending unsolicited marketing materials, including spam, harassing emails, or syndicated letters;
(c) Publishing, disseminating, or otherwise providing any of the following materials: (a) threatening, harassing, insulting, hateful, or intimidating material; (b) defamatory, libelous, fraudulent, or other infringing material; (c) obscene, indecent, pornographic, or other offensive material; or (d) material protected by a third party's copyright, trademark, trade secret, portrait rights, privacy rights, or any other proprietary right without the prior express written consent of the relevant owner;
(d) Publishing, inserting, transmitting, or otherwise providing any malicious or harmful software with the intent to: (a) unauthorized alteration or damage to any hardware, software, or device; (b) copying, providing unauthorized access to, or preventing authorized access to confidential or personal information; or (c) preventing the detection of any (v) Any unauthorized intrusion into any hardware, software, or device;
(v) Collecting or obtaining website user information;
(vi) Interfering with or disrupting the operation of the website;
(vii) Without our express authorization, you may not copy, republish, modify, adapt, translate, create derivative works, sell, resell, license, sublicense, rent, lease, lend, distribute, or otherwise utilize any part of this website;
(viii) Reverse engineer, decompile, or disassemble any part of the website;
(ix) Remove all copyright, trademark, or other proprietary notices from the website;
(x) Frame or mirror any part of this website, or otherwise incorporate any part of this website into any product or service;
(xi) Systematically download and store website content; or
(xii) Use any robot, web crawler, application, or other device to retrieve, index, crawl, mine, or otherwise collect website content.
3. Licensing We own the intellectual property rights to the content of this website, including but not limited to the text, graphics, and images on the website.
You may not copy, distribute, reprint, upload, post, or transmit the content of this website in any way without our prior written consent. You may not remove, alter, or cause the removal or alteration of any copyright, trademark, trade name, service mark, or other proprietary notice or mark appearing on this website or any of its content. Unless otherwise stated, we reserve all rights, title, and interests in the content of this website.
You are hereby granted permission to temporarily download a set of materials (information or software) from the website for your personal, non-commercial, temporary viewing only. This is a license, not a transfer of ownership, and under this license you may not:
modify or copy the materials;
use these materials for any commercial purpose or any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software on the website;
remove all copyright or other proprietary notices from the materials; or
transfer the materials to other persons or “mirrore” the materials on any other server.
This license will automatically terminate if you breach any of these restrictions; Franklin Corporation may also terminate this license at any time.
4. Copyright Infringement
If you believe that this website’s use of your copyrighted work constitutes an infringement, please contact our designated agent. The infringement notice must include your name, address, telephone number, and email address, along with a statement detailing your belief that the unauthorized use of the work constitutes infringement and the reasons why it does so.
5. Disclaimer All materials on this website are provided "as is". We make no warranties, express or implied, and hereby disclaim all other warranties, including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property rights or other rights. Furthermore, we make no warranty or representation regarding the accuracy, probable results, or reliability of the materials on this website, nor any warranty or representation regarding any other matter relating to such materials or materials on any other websites linked to this website.
6. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, agents, licensors, customers, and subcontractors from and against any and all claims, damages, losses, liabilities, costs, and expenses arising out of or related to: (i) your use of this website; (ii) your breach of these Terms; (iii) your infringement of any third party's rights relating to or arising out of your use of this website; and (iv) your violation of any law or regulation relating to or arising out of your use of or access to this website.
7. Limitation of Liability
In no event shall the Company or its suppliers be liable for any damages (including, but not limited to, damages for loss of data, loss of profits, or business interruption) arising out of or related to the use of or inability to use the materials on this website, even if the Company or its authorized representatives have been advised of the possibility of such damages orally or in writing. Because some jurisdictions do not allow the limitation of implied warranties or the limitation of liability for indirect or incidental damages, such limitations may not apply to you.
Affiliates, employees, officers, agents, and directors shall not be liable for any indirect, incidental, consequential, special, punitive, aggravated, or exemplary damages of any kind, whether based on contract, tort, strict liability, or other theories, nor for loss of profits, loss of data or other intangible assets, or loss of security of submitted materials, even if advised of the possibility of such damages or losses.
Without limiting the foregoing, you further agree that Franklin will not be liable for any damages of any kind arising from your use of or inability to use this website or any third-party materials (including any malware, viruses, worms, hacking attacks, or other potentially associated malware).
8. Revisions and Errata The content of this website may contain technical, typographical, or graphic errors. We do not guarantee the accuracy, completeness, or timeliness of any content on this website. The content of this website may change at any time without notice. However, we do not undertake to update this content.
9. Links Franklin has not reviewed all websites linking to this website and is not responsible for the content of any such linked websites. The inclusion of any link does not imply Franklin's endorsement of that website. You use any such linked website at your own risk. You acknowledge and agree that we shall not be liable, directly or indirectly, for any damage, loss, or injury caused or allegedly caused by your use of or reliance on any third-party website or third-party content.
10. Modification of Website Terms of Use
We may modify these Website Terms of Use at any time without notice. By using this website, you agree to be bound by the then-effective terms.
11. Governing Law
Any claim relating to this website shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions.
12. Dispute Resolution
General Provisions. To resolve disputes in the most convenient and economical manner, you and we agree that any dispute arising out of or relating to these Terms, your use of this website, your relationship with us, or any goods offered by us, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claim arises during or after the termination of these Terms, shall be settled through binding arbitration. Arbitration is simpler than litigation. Arbitration is conducted by neutral arbitrators, not judges or juries. The disclosure of evidence may be more limited than in litigation, and court review of the arbitration outcome is extremely limited. Arbitrators may award the same damages and remedies as courts. You understand and agree that by accepting this Agreement, both you and the Company waive the right to a jury trial, and this Agreement is governed by the Federal Arbitration Act.
Exceptions. Notwithstanding Section 12.1, nothing in this Agreement shall be deemed a waiver, exclusion, or otherwise restriction of either party's right to: (a) bring a personal suit in a small claims court; (b) seek injunctive relief in an arbitration proceeding in a court of competent jurisdiction; or (c) bring a suit in court to resolve intellectual property infringement claims.
Arbitrators. Any arbitration between you and the Company shall be governed by and administered by the Federal Arbitration Act and the JAMS Integrated Arbitration Rules and Procedures (collectively, the “JAMS Rules”). The arbitrators have exclusive jurisdiction over any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Procedure. The party seeking arbitration must first send a written notice of the dispute (“Notice”) to the other party via the U.S. Postal Service. The Company’s notice address is shown below. The Notice must: (a) state the nature and basis of the claim or dispute; and (b) specify the remedy sought (“Request”). The parties should endeavor in good faith to resolve the claim directly, but if the parties fail to reach an agreement within thirty (30) days of receiving the Notice, either you or the Company may initiate arbitration proceedings.
Fee. Unless otherwise agreed by the parties, each party shall pay its own share of JAMS fees and expenses in accordance with JAMS’s fee schedule. If the action meets the criteria for consumer arbitration, the JAMS Consumer Arbitration Policy applies.
13. Data Privacy. Your privacy is of utmost importance to the Company.
14. Accessibility.
15. Customer Rewards Program. This website offers a rewards program that provides benefits to customers who shop on this website. For details on the rewards program, please click here.
17. General. Entire Agreement. These Terms constitute the entire agreement between you and the Company regarding this website. This Agreement supersedes any and all prior or concurrent agreements or understandings between you and the Company.
Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, that provision shall be deleted. All other provisions shall remain in full force and effect.
Waiver. Failure to exercise or delay in exercising any right, remedy, power, or privilege under this Agreement shall not be deemed a waiver of such right, remedy, power, or privilege. Similarly, the exercise of any right, remedy, power, or privilege, alone or in part, under this Agreement shall not preclude the exercise of such right, remedy, power, or privilege, or any other right, remedy, power, or privilege.