terms and conditions of use
Welcome to our website (“Site”). By using this Site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this Site.
These Terms and Conditions of Use (the “Terms”) are made by and between The Franklin Nova Group (“Company”) and you, the user (“you”, “your” or “user”). By accessing, visiting, browsing, using or interacting with this Site or any services or content (collectively “Service”), you agree that you have read, understand and agree to be bound by these Terms. The Company reserves the right to change these Terms at any time and without notice to you.
Franklin Nova is a trade name for The Franklin Nova Group. The terms “Franklin Nova” or the “firm” refer to one or more of these legally separate and independent advisory practices.
The Site and content available within is for informational purposes only. Neither the Site nor the content available within constitutes legal, financial, accounting, or other professional advice, and neither should be relied upon by you or any third party, including to operate or promote your business, secure financing or capital in any form, obtain any regulatory or governmental approvals, or otherwise be used in connection with procuring services or other benefits from any entity. Company assumes no liability for readers’ use of the information herein and please note, before making any decision or taking any action, you should consult with legal and professional advisers. All opinions expressed on this Site and in posted articles are those of the authors and do not necessarily reflect the views of Company.
1. Privacy. Your visit to our Site is also governed by our Privacy Policy. Please review our Privacy Policy, which can be found at http://franklinnova.com/privacy-policy
2. Ownership. All content included on this Site is and shall continue to be the property of Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in these Terms. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
3. Intended Audience. This Site is intended for individuals over the age of 18. YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND USE THIS SITE. IF YOU ARE 18 YEARS OR YOUNGER, DO NOT USE THIS SERVICE FOR ANY PURPOSE. Individuals ages 13-17 may use this Site only by and through their parent and/or natural guardian.
4. Trademarks. Company’s name and logo, and other trademark and services marks found on this Site are the exclusive property of Company. Other product and company names mentioned on this Site may be trademarks of their respective owners.
5. Site Use. Company grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to this Site. The use of this Site is at the discretion of Company and Company may terminate your use of this Site at any time.
6. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
7. Indemnification. To the maximum extent permitted by applicable law, you agree to defend (at the indemnified party’s option), indemnify, and hold Company and their insurers harmless from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) and expenses in connection with any claim arising out of or in connection with any content or information posted or transmitted by you using the Site or otherwise arising out of your use of the Site or use of the Site by any third party who is given or gains access to the Site due to your action or inaction. Company has the right at any time to forego the indemnification and assume the defense of any claim. Notwithstanding the foregoing, it is not the intent of Company to affect the rights of Company or their insurers to assume the defense or settlement of any claim against Company for which insurance coverage is sought under any applicable insurance policy.
8. Disclaimer. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THE SITE OR THE CONTENT, INFORMATION, MATERIALS, TOOLS, APPLICATIONS, SOFTWARE, ETC. WITHIN, WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXCLUDES AND DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WITH RESPECT TO THE SAME, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, NON-INTERFERENCE, ERROR-FREE SERVICE, AND UNINTERRUPTED SERVICE. COMPANY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT, INFORMATION, MATERIALS, TOOLS, APPLICATIONS, SOFTWARE, ETC. CONTAINED ON THIS SITE. BY MAKING AVAILABLE THE SITE, COMPANY IS NOT MAKING AN OFFER OF ANY FINANCIAL, TAX, ACCOUNTING, LEGAL OR OTHER PROFESSIONAL SERVICES OR GOODS, AND THE INFORMATION PRESENTED ON THE SITE SHOULD NOT BE CONSTRUED AS LEGAL, TAX, ACCOUNTING OR ANY OTHER PROFESSIONAL ADVICE OR SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, MATERIALS AND INFORMATION PROVIDED THROUGH THE SITE, OR TOOLS, APPLICATIONS, SOFTWARE OR INFORMATION ACCESSIBLE FROM THE SITE WILL BE ACCURATE, CURRENT, UNINTERRUPTED, ERROR-FREE, OMISSION-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Although Company uses reasonable efforts to maintain the accuracy and timeliness of the content of this Site, Company makes no warranties or representations as to its accuracy or timeliness or with respect to the functionality or availability of the Site or the content and with no guarantee that the Site or the content are complete, accurate, or timely, nor any guarantee regarding any results you or others may obtain from use of the Site or the content. This Site may contain typographical errors and technical inaccuracies. Company assumes no liability or responsibility for any errors or omissions in the content of this Site. Company assumes no responsibility or liability for, does not endorse or support and expressly disclaims any positions, policies, studies, assumptions, conclusions, statements, assertions or implications with respect to any or your use of the content, information or materials on the Site.
Although Company uses reasonable efforts to ensure that all application, tools, etc. provided at this Site is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of the application, tools, etc. with your specific computer system. Company may update and/or modify the information contained on this Site at any time and without notice.
9. Limitation of Liability. THE SITE AND THE CONTENT WITHIN ARE PROVIDED FOR INFORMATION PURPOSES ONLY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, AGENTS OR OTHER THIRD PARTIES MENTIONED IN THIS SITE BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, MATERIALS YOU OBTAIN VIA THE SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE CONTENT CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. IF YOUR USE OF THE CONTENT ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
You acknowledge and accept that use of the Site is subject to the risks inherent in any connection and transmission on the internet, in particular in relation to security risks and vulnerabilities, technical performance and risk of interruption. Accordingly, Company is not liable to you in any circumstances for any losses or damages caused by disruption or failure of internet networks or for any interruptions to or restrictions on the accessibility of the Site arising for any reason, including, but not limited to, by reason of a virus, security related vulnerability, or technical or operational failure of any nature.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL LIABILITY AND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUES, GOODWILL, WORK STOPPAGE, SECURITY BREACHES, VIRUSES, COMPUTER FAILURE OR MALFUNCTION, USE, DATA OR OTHER INTANGIBLE LOSSES OR COMMERCIAL DAMAGES, EVEN IF ANY OF SUCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSES, ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, THE USE OF OR INABILITY TO USE THE SAME, OR ANY OTHER SUBJECT MATTER HEREOF.
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON FOR ANY ERRORS OR OMISSIONS IN THE SITE; ANY CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH IT; ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE SITE OR THE CONTENT OR INFORMATION MADE AVAILABLE THROUGH IT; OR FOR ANY LOSS OR DAMAGES – INCLUDING CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES – THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY CONTENT, INFORMATION OR MATERIALS ACCESSED OR OBTAINED BY YOU VIA OR IN CONNECTION WITH THE SITE.
10. Applicable Law; Venue. You agree that the laws of the Commonwealth of Pennsylvania, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Company or its affiliates. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Allegheny County, Pennsylvania.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY SERVICE PROVIDED BY THE SITE, OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
11. Contact Information. If you have any questions regarding these Terms, please contact us at franklinnova@franklinnova.com.