Legal
1. Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Franklin Sports, Inc.'s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Franklin Sports, Inc.'s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Franklin Sports, Inc. at any time.
3. Disclaimer
The materials on Franklin Sports, Inc.'s web site are provided "as is". Franklin Sports, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Franklin Sports, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall Franklin Sports, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Franklin Sports, Inc.'s Internet site, even if Franklin Sports, Inc. or a Franklin Sports, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Franklin Sports, Inc.'s web site could include technical, typographical, or photographic errors. Franklin Sports, Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. Franklin Sports, Inc. may make changes to the materials contained on its web site at any time without notice. Franklin Sports, Inc. does not, however, make any commitment to update the materials.
6. Links
Franklin Sports, Inc. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Franklin Sports, Inc. of the site. Use of any such linked web site is at the user's own risk.
7. Site Terms of Use Modifications
Franklin Sports, Inc. may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
8. Governing Law
Any claim relating to Franklin Sports, Inc.'s web site shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.
9. Data Privacy
Here at Franklin Sports we take your privacy seriously. Our full data privacy policy is available here
10. Accessibility
Our full accessibility statement is available here
11. MOBILE COMMUNICATIONS
Franklin Sports offers its customers marketing and promotional mobile alerts (e.g. cart reminders) by SMS message. Our full policy relating to SMS message communications is available here.
12. CUSTOMER REWARDS PROGRAM
Franklin Sports has a reward program that provides benefits for customers who make purchases on this web site. Our full policy relating to the reward program is available here.
TERMS OF USE
Welcome to the website of Franklin Sports, Inc. (“Franklin”). These Terms of Use (“Terms”) apply to all websites, portals, or pages owned or operated by Franklin, including those accessible through the domain and subdomains www.franklinsports.com (the “Site”). Please read these Terms carefully prior to using the Site.
PLEASE BE ADVISED THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDES AN AGREEMENT TO ARBITRATE DISPUTES, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER. PLEASE READ ALL THESE PROVISIONS CAREFULLY BEFORE USING THE SITE.
1. GENERAL USES AND RESTRICTIONS
By accessing and using the Site, you agree on your behalf, and on behalf of any entity or person on whose behalf you are accessing the Site, to abide by the Terms. Franklin permits you to use and access the Site for lawful purposes only and only in a manner consistent with the Terms. Your agreement to the Terms is a condition of being granted access to, and use of, the Site. If you do not agree with the Terms, you must exit the Site immediately.
By accessing the Site, you represent that you are at least 18 years of age, have the authority to agree to these Terms, and that all information provided by you is accurate.
2. PROHIBITED USES
You agree not to use the Site to:
(i) violate any applicable law;
(ii) send unsolicited marketing materials, including junk email, spam, or chain letters;
(iii)post, transmit or otherwise make available any material that is (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory, libelous, fraudulent, or otherwise tortious; (c) obscene, indecent, pornographic, or otherwise objectionable; or (d) protected by a third party’s copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right without the express prior written consent of the applicable owner;
(iv) post, insert, transmit, or otherwise make available any malicious or harmful software that is intended to (a) make unauthorized changes to or cause damage to any hardware, software or equipment; (b) copy, provide unauthorized access to, or prevent authorized access to confidential information or personal information; or (c) prevent detection of any unauthorized invasion of any hardware, software, or equipment;
(v) harvest or collect information about users of the Site;
(vi) interfere with or disrupt the operation of the Site;
(vii) reproduce, copy, modify, adapt, translate, create derivative works of, sell, resell, license, sublicense, rent, lease, loan, distribute, or otherwise exploit any portion of the Site except as expressly authorized by us;
(viii) reverse engineer, decompile, or disassemble any portion of the Site;
(ix) remove any copyright, trademark, or other proprietary notices from the Site;
(x) frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service;
(xi) systematically download and store Site content; or
(xii) use any robot, spider, application, or other device to retrieve, index, scrape, mine, or otherwise gather Site content.
3. USE LICENSE
We own the intellectual property rights to the Site’s content including, but not limited to, the text, graphics, and images on the Site.
The contents of the Site may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove, alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on the Site or any of its contents. We retain all rights, title, and interests in the Site’s contents unless stated otherwise.
Permission is granted to temporarily download one copy of the materials (information or software) on Franklin's Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Franklin's Site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
4. INFRINGEMENT
If you believe your copyrighted work is being used on the Site in a manner that constitutes copyright infringement, please contact our designated agent at [email protected]. Notices of copyright infringement must include your name, address, phone number, and email address, along with a statement identifying the material that you believe is being used without consent and the reason you believe it constitutes copyright infringement.
5. DISCLAIMER
The materials on Franklin's Site are provided "as is." Franklin makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Franklin does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Site or otherwise relating to such materials or on any sites linked to this site.
6. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Franklin, its affiliates, officers, directors, employees, agents, licensors, clients, and subcontractors from and against any and all claims, damages, losses, liabilities, costs, and expenses relating to or arising from (i) your use of the Site, (ii) your violation of the Terms, (iii) your violation of any third party rights relating to or arising out of your use of the Site, and (iv) your violation of any law or regulation relating to, or arising out of, your use of or access to the Site.
7. LIMITATION OF LIABILITY
In no event shall Franklin or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Franklin's Site, even if Franklin or a Franklin authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
FRANKLIN AND ITS AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AGGRAVATED, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE THAT FRANKLIN WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE OR FROM ANY THIRD-PARTY MATERIALS, INCLUDING FROM ANY MALWARE, VIRUS, WORM, HACK, OR MALICIOUS SOFTWARE THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH.
YOU ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF FRANKLIN FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WILL BE $100.
8. REVISIONS AND ERRATA
The materials appearing on Franklin's Site could include technical, typographical, or photographic errors. Franklin does not warrant that any of the materials on its Site are accurate, complete, or current. Franklin may make changes to the materials contained on its Site at any time without notice. Franklin does not, however, make any commitment to update the materials.
9. LINKS
Franklin has not reviewed all of the sites linked to its Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Franklin of the site. Use of any such linked Site is at the user's own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage, loss, or harm caused or alleged to be caused by, or in connection with, your use of or reliance on any third-party site or third-party content.
10. SITE TERMS OF USE MODIFICATIONS
Franklin may revise these terms of use for its Site at any time without notice. By using this Site you are agreeing to be bound by the then current version of these Terms.
11. GOVERNING LAW
Any claim relating to Franklin's Site shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions.
12. DISPUTE RESOLUTION
12.1 General. In the interest of resolving disputes in the most expedient and cost effective manner, you and Franklin agree that any dispute arising out of or in any way related to these Terms, your use of the Site, your relationship with Franklin, or any goods offered or provided by Franklin, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arising during or after the termination of these Terms, will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FRANKLIN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THAT THESE TERMS WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
12.2 Exceptions. Notwithstanding Section 12.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (c) file suit in a court of law to address an intellectual property infringement claim.
12.3 Arbitrator. Any arbitration between you and Franklin will be governed by the Federal Arbitration Act and the JAMS Comprehensive Arbitration Rules & Procedures (collectively, “JAMS Rules”), and will be administered by JAMS. The JAMS Rules and filing forms are available online at www.jamsadr.com, or by calling JAMS at 1-800-352-5267. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
12.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). Franklin’s address for Notice is set forth below. The Notice must: (a) describe the nature and basis for the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly but, if the parties do not reach an agreement within thirty (30) days after the Notice is received, you or Franklin may commence an arbitration proceeding.
12.5 Fees. Each party shall pay its pro rata share of JAMS fees and expenses as set forth in the JAMS fee schedule, unless the parties agree on a different allocation of fees and expenses. If the action qualifies as a consumer arbitration, the JAMS Policy on Consumer Arbitrations shall apply.
12.6 Conduct of Arbitration. Any arbitration hearing will take place at a JAMS office in Boston, Massachusetts. The arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential to the extent necessary to enforce or permit limited judicial review of the award.
12.7 No Class Actions. YOU AND FRANKLIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Franklin agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
13. DATA PRIVACY
Franklin takes your privacy seriously. Our data privacy policy is available HERE.
14. ACCESSIBILITY
Our accessibility statement is available HERE.
15. MOBILE COMMUNICATIONS
Franklin offers its customers marketing and promotional mobile alerts (e.g. cart reminders) by SMS message. Our policy relating to SMS message communications is available HERE.
16. CUSTOMER REWARDS PROGRAM
Franklin has a reward program that provides benefits for customers who make purchases on this Site. Our policy relating to the reward program is available HERE.
17. GENERAL PROVISIONS
17.1 Entire Agreement. These Terms constitute the entire agreement between you and Franklin relating to the Site. These Terms supersede any and all prior or contemporaneous agreements or understanding between you and Franklin.
17.2 Severability. If any provision of these Terms is found to be invalid by a court of competent jurisdiction, the provision shall be stricken. All other terms will remain in full force and effect.
17.3 Waiver. No failure to exercise or delay in exercising any right, remedy, power, or privilege arising from these Terms will operate or be construed as a waiver thereof. Likewise, no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
18. CONTACT US
If you have any questions about these Terms, you may contact us at:
Franklin Sports, Inc.17 Campanelli Parkway
Stoughton, MA 02072
(877) 377-6787
[email protected]
BN 82849982v1
