Prices and other terms pertaining to orders are as stated on the Site at the time of purchase.
FRANKE® is a registered trademark of Franke Technology and Trademark LTD ("Company Mark"). All other trademarks or registered trademarks appearing on the Site are the property of their respective owners. The Company Mark may be used only with permission and may not be used in connection with any product or service other than those of the Company, and may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company or the Site. You gain no right to use the Company Mark or any other Company marks or those of any other entity by virtue of your use of this Site.
This Site contains copyrighted material, trademarks and other proprietary material belonging to Company, its licensors and others, including, but not limited to, text, data, photos, graphics and other images, software, specifications, audio and video files, and the Products and the Services (collectively, “Proprietary Material”) that are protected by patent, copyright, trademark and other intellectual property laws. You should assume that everything you see or read and everything available on this Site is Proprietary Material owned by Company and protected by these laws.
You shall not use, copy, reproduce, distribute, modify, adapt, create derivative works of, display, publicly perform, transmit, broadcast, sell, license or in any way exploit the Proprietary Material, in whole or in part, without the advance written consent of Company.
Company does not endorse or guarantee the accuracy, reliability or appropriateness of any opinion, statement, information or material displayed or distributed through this Site by third parties. You acknowledge that by using this Site you may be exposed to information that is inaccurate or unreliable or material you find objectionable, and in this respect your use of the Site and your reliance upon any such third party material is at your own risk. Company will have no responsibility for the conduct, on-line or off-line, of any user of this Site and no obligation to monitor use of the Site. However, we reserve the right to review any User Content, and remove, delete, redact or otherwise modify such User Content in our sole discretion, at any time, without notice or other obligation to you. Company reserves the right to disclose, at any time, any User Content that Company deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute resolution process or government request.
By submitting, uploading or transmitting any articles, survey or poll responses, curricula, lesson plans, programs, ideas, feedback or other posts, information, questions, suggestions, submissions or other materials (“User Content”) to the Site, you represent and warrant that you own or have all rights necessary to submit, upload or transmit such User Content and otherwise use it for your intended purpose. You hereby grant Company a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, unrestricted license to use, copy, reproduce, distribute, sub-license, modify, edit, adapt, translate, create derivative works of, publicly perform or display, transmit, broadcast or otherwise exploit all or any portion of your User Content, for any purpose, in any and all media now known or later developed, and to publish your screen name in connection with your User Content. You waive all rights to any claim against Company for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights and rights of attribution in connection with the User Content, and you acknowledge and agree that you are not entitled to receive any compensation for any User Content you submit, upload or transmit in connection with this Site.
Users are prohibited from:
Posting or transmitting to or from this Site any unlawful, fraudulent, threatening, libelous, defamatory, obscene, scandalous, inflammatory, objectionable, abusive, pornographic, or profane content, or any other content that could give rise to any civil or criminal liability as determined in the sole discretion of Company.
The Site is provided solely as a convenience to you. You agree that you will not:
a. access or attempt to access any systems or servers on which the Site is hosted, or modify or alter the Site in any way;
b. submit, display or transmit any images, photographs, graphics, links, audio files, video files or similar User Content with the intent to interrupt, limit or otherwise impact the performance of the Site;
c. submit, display or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters or pyramid schemes;
d. forge headers, misrepresent your identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Content transmitted to or via the Site;
e. use the Site or the Services to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including, without limitation, rights of privacy or publicity;
f. publish, post, display or disseminate any User Content that is, or offer, sell, broker, purchase or seek any products or services that are, profane, obscene, pornographic, indecent, unlawful, threatening, or that promote racism, bigotry, hatred or physical harm of any kind against any group or individual, or are otherwise offensive or objectionable;
g. collect, store, publish, post, sell, transmit or disclose personal data about other users of the Site unless expressly authorized by such other users to do so;
h. upload or otherwise transmit files that contain viruses, worms, Trojan horses, spyware, adware, sniffers, corrupted files or other computer code designed to interrupt, destroy or limit the functionality of any computer hardware, software or telecommunications equipment;
i. restrict or prevent any other user of the Site from using the Site; or
j. violate any applicable state, national or international law or regulation.
We expect users of this Site to respect the intellectual property rights of others. We may remove material that appears in our sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you believe a work protected by a U.S. copyright you own has been posted on this Site without authorization, you may notify our copyright agent, and provide the following information:
a. A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
b. Identification of the copyrighted work or works claimed to have been infringed;
c. A detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears;
d. Your name, mailing address, telephone number and e-mail address;
e. A statement by you that you believe in good faith that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law; and
f. A statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.
To notify Company of claimed copyright infringement, please contact:
THE SITE AND ALL PRODUCTS AND SERVICES AVAILABLE AT THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY OF ANY KIND EXCEPT FOR THE LIMITED PRODUCT WARRANTIES DESCRIBED IN SECTION 15. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE AND THE PRODUCTS AND SERVICES AVAILABLE AT THIS SITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS OR OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. IN ADDITION, COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE IS COMPLETELY SECURE.
A copy of applicable product warranties are provided online at the time of purchase and/or with delivery of purchased products.
NEITHER COMPANY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR THIRD PARTY PARTNERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE, THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITE, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE, OR ANY LOSS, BUSINESS INTERRUPTION OR OTHER DAMAGE SUSTAINED IN CONNECTION WITH YOUR USE OF THE SITE OR THE PRODUCTS OR SERVICES AVAILABLE AT THE SITE. WITHOUT LIMITING THE FOREGOING, COMPANY'S LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE OR THE PRODUCTS OR SERVICES AVAILABLE AT THE SITE SHALL BE LIMITED TO THE PURCHASE PRICE PAID BY YOU FOR THE PRODUCT(S) GIVING RISE TO LIABILITY. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
In the event of any controversy, dispute or claim arising out of or related to your use of the Site, the Products or Services, the dispute will be resolved exclusively by binding arbitration in accordance with the then-current Commercial Rules of the American Arbitration Association. However, Company will have the right to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use of the Site or for any other matter where Company believes it is being or will be irreparably harmed by your act, error or omission.
In the event that you have a dispute with one or more users of the Site, you hereby irrevocably release Company and its directors, officers, employees, agents, affiliates, subsidiaries, successors and assigns from any claims, demands or damages, direct, indirect, consequential or otherwise, of any kind, known or unknown, disclosed and undisclosed, arising out of, related to or in connection with any such dispute. If you are a California resident, you hereby waive California Civil Code § 1542, which states that "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.