Terms Of Use

 

Acceptance of Terms

The following terms and conditions (“Terms of Use”) govern your access to and use of this website and the related mobile applications provided by us, including any content and services offered on or through this website and/or the applications (referred to collectively as the “Website”). By using the Website, you accept and agree to follow these Terms of Use and our Privacy Policy, found at http://www.franklinst.com/privacy-policy. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

 

General Use and Restrictions

Subject to the provisions contained in these Terms of Use, you may access and use the Site solely to view information about the products and services offered by Franklin Street (including, without limitation, information about the properties listed on the Site) for your own internal purposes. You agree not to access or use the Site for any other purpose including, without limitation, any purpose that is prohibited by these Terms of Use or that is otherwise unlawful. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Site. We may, in our sole discretion, terminate or suspend your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to access the Site is terminated, you will not thereafter access, or attempt to access, the Site, directly or indirectly, and (b) if your authorization to access the Site is suspended, you will not thereafter access, or attempt to access, the Site, directly or indirectly, until your suspension is removed and we give you express written notice thereof.

 

Information Provided

If you provide any information to us, you agree to provide only true, accurate, current and complete information. You further agree to update all such information promptly after any change and that you will not provide any information to the Site that (a) may infringe a copyright or trademark, or any other intellectual property right, (b) may violate the privacy rights of another, or (c) may violate any applicable municipal, state or federal law, rule, regulation or ordinance, in each instance when used as contemplated by the Site.

 

Modification of Website

Franklin Street will periodically revise the information, services and resources contained in this Site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors.

 

Use of Content

You may print a single copy of any price, property listing, conditions, photos, projections, webcasts, assumptions, estimates, and/or other information displayed or transmitted on the Site (collectively, “Content”) that you are authorized to access; provided that you (a) do not remove any notices or other information contained on such Content, and (b) strictly comply with the provisions of these Terms of Use.

 

Restrictions

Other than printing a single copy of particular Content, you may not (and you agree that you will not) reproduce, alter, modify, create derivative works, distribute, perform or display any Content or any copy thereof without first receiving our express written permission. Further, any reports or other content which is expressly attributed to Franklin Street shall be used for internal purposes only and shall not be republished or redistributed. You further agree not to, without first obtaining our express written permission, (a) use any of our trademarks as metatags on other web sites, (b) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, (c) display any part of the Site in frames (or any Content via frames or in-line links), and/or (d) use or access, or attempt to use or access, any portion of the Site for which registration is required unless you are a Registered User with authorization to access that portion of the Site. You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site.

Privacy

Intellectual Property

As between you and Franklin Street, you acknowledge that Franklin Street owns or has a license to all title and copyrights in and to the content provided on this site. All title and intellectual property rights in and to any licensed content provided on this site is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

 

Links to External Sites

We may provide hyperlinks to other web sites and Internet resources operated by parties other than Franklin Street. Franklin Street is not responsible for the content of any linked web site or Internet resource or for the privacy settings, data collection practices or legal disclaimers contained within such linked sites. Such hyperlinks are provided for your reference and convenience only. The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation or endorsement of the material on such web sites or with their operators.

 

Disclaimer of Warranties

The site (including all of its content) is provided to you “as is.” Any use of this site is at your own risk. To the maximum extent permitted by applicable law, Franklin Street disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Franklin Street makes no representations, warranties or guarantees that this site will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and Franklin Street disclaims any liability relating thereto.

Franklin Street makes no representations, warranties or guarantees that use or results of the use of the site (including all of its content) is or will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, Franklin Street may modify, suspend, or discontinue any aspect or feature of this site or your use of this site. If Franklin Street elects to modify, suspend, or discontinue the site, it will not be liable to you or any third party.

 

Limitation on liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL FRANKLIN STREET AND/OR ANY OF ITS AFFILIATES, SUBSIDIARIES, MANAGERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR SERVICE PROVIDERS BE LIABLE FOR (A) ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, THE LOSS, DELAY OR INABILITY TO USE THE SITE, THE LOSS OF ANY CONTENT OBTAINED THROUGH THE SITE, AND/OR THE INACCURACY OF ANY CONTENT, AND/OR (B) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR LOSS OF DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE AND/OR OTHERWISE ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT), IN EACH OF (A) AND (B) ABOVE WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE AND EVEN IF FRANKLIN STREET AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL EVENTS, FRANKLIN STREET’S AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE AND/OR THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE SHALL BE LIMITED TO $5.00. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU

Indemnification

You hereby agree to indemnify, defend and hold harmless Franklin Street and its affiliates, officers, directors, employees, shareholders, information providers, suppliers and licensees (collectively, “Indemnified Parties”) from and against any and all losses, liabilities, claims, demands, damages costs and expenses, including, without limitation, reasonable attorney’s fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) your access and/or use of the Site including, without limitation, any Content, (b) any breach of any of these Terms of Use by you or, if applicable, any user of your account, and/or (c) any allegation which, if true, would constitute a breach of any of these Terms of Use by you or, if applicable, any user of your Account.

 

Release

In the event that you have a dispute with any person or entity arising from your use of the Site, you release Franklin Street (and its officers, directors, agents, affiliates, suppliers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Whether or not you are a California resident, you waive and relinquish all rights and benefits under any legal principle with the similar effect of California Civil Code §1542 in any jurisdiction with respect to the release granted above in this Section 8.

 

Cautionary Language Regarding Forward-Looking Statements

This Website may contain “forward-looking statements” as defined under U.S. federal securities laws. These statements may relate to analyses and other information based on forecasts of future results and estimates of amounts not yet determinable. These statements may also relate to our future prospects, developments and business strategies. These forward-looking statements are made based on our management’s expectations and beliefs concerning future events affecting us and are subject to uncertainties and factors relating to our operations and business environment, all of which are difficult to predict and many of which are beyond our control. These uncertainties and factors could cause our actual results to differ materially from those matters expressed in or implied by these forward-looking statements. Forward-looking statements speak only as of the date the statements are made. Franklin Street assumes no obligation to update forward-looking statements to reflect actual results, changes in assumptions or changes in other factors affecting forward-looking information, except to the extent required by applicable securities laws.

 

Jurisdiction

The Site is hosted on servers located in the United States and is intended to be viewed by residents of the United States. These Terms of Use, and all matters arising out of or relating to the Site, shall be governed by the laws of the United States and the state of Florida, without giving effect to the conflict of law provisions thereof and excluding any application of the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Additionally, the Uniform Computer Information Transaction Act shall not apply to these Terms of Use or the Site. In the event you desire to initiate any suit against Franklin Street arising out of or relating to the Site and/or these Terms of Use, you agree to bring such suit in the federal courts sitting in the Middle District of Florida, USA unless no federal subject matter jurisdiction exists, in which case you agree to bring such suit in the state courts sitting in Hillsborough County, Florida. You further agree that we may initiate a suit against you arising out of or relating to the Site and/or these Terms of Use in such courts and you hereby waive all rights you may have or which may hereafter arise to contest jurisdiction or venue in such courts

 

Additional Information or Miscellaneous

These Terms of Use and any other terms and conditions that may appear on the Site from time-to-time (including, without limitation, additional representations that we may ask you to make when submitting information to the Site) contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. You may not transfer any rights or obligations you may have to your account or under these Terms of Use without our prior written consent. We may transfer our rights under these Terms of Use without your consent. If any portion of these Terms of Use is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Terms of Use shall remain in full force and effect

 

For any questions regarding this statement, please contact us at Marketing@FranklinSt.com

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