These Terms of Use apply to your access and use of the website www.franklinyoung.com
Acceptance of Terms
Franklin Young International, Inc. (“Franklin Young”) makes this Site available to you subject to the terms contained in these Terms of Use and in our Privacy Policy, which is incorporated herein by this reference (collectively, this “Agreement”).
Franklin Young reserves the right to modify or update the terms of the Agreement at any time, with or without notice to you. Please check these Terms of Use and the terms of our Privacy Policy periodically for changes. If you do not agree to be bound by the terms of this Agreement, please do not use this Site. By using this Site, you acknowledge that you have read, understood and agree to the terms of the Agreement. Your continued use of this Site following the posting of any changes to the Terms of Use or the Privacy Policy constitutes acceptance of those changes.
Password Security
You agree that at all times you shall keep confidential, maintain and control all user names and passwords used to limit your access to the Site, and you represent and warrant that you are exclusively responsible for all activities that occur in connection with such user names and passwords. You agree to immediately notify Franklin Young of any disclosure to, or use of, any such user names or passwords by any other individual. Franklin Young will not be liable for any loss or damage of any kind, under any legal theory, caused by your failure to comply with the foregoing obligations.
Product Use
Products purchased from Franklin Young are considered integral to a wide variety of processes and applications and are intended for use by qualified personnel. Our products are not intended for food, drug, or household use and should be handled only by trained persons who are familiar with the potential chemical and health hazards they could impose.
Disclaimer of Warranties
The Content and all information contained on the Site is provided for informational purposes only.
ALL CONTENT AND THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ALL OF WHICH ARE HEREBY DISCLAIMED. FRANKLIN YOUNG, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEMS OR LOST DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL FRANKLIN YOUNG, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOST USE OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THOMAS SCIENTIFIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) INCLUDING, WITHOUT LIMITATION, ANY THAT RESULT FROM: (i) THE USE OF, OR INABILITY TO USE, THIS SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) ANY PRODUCTS SOLD THROUGH THE USE OF THE SITE; OR (vi) ANY OTHER MATERIAL RELATING TO THE SITE. FRANKLIN YOUNG, ITS AFFILIATES AND ITS LICENSORS SHALL ONLY BE LIABLE TO THE EXTENT OF ACTUAL DIRECT DAMAGES INCURRED BY YOU, NOT TO EXCEED THE PURCHASE PRICE RECEIVED BY FRANKLIN YOUNG FOR THE PRODUCT GIVING RISE TO THE LIABILITY. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FRANKLIN YOUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FRANKLIN YOUNG’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Representations and Warranties
You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you shall not use any rights granted hereunder for any unlawful purpose; and (c) you shall use this Site only as set forth in these Terms of Use.
Indemnity
You agree to indemnify, defend and hold Franklin Young and its affiliates, officers, directors, agents, representatives, co-branders or other partners, and employees, harmless from and against any claim or demand, including attorneys’ fees, made by any third party that arise from your use or misuse of this Site, or breach of any warranty, covenant, representation or term contained in these Terms of Use or as a result of your submissions to the Site. Franklin Young reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Franklin Young in asserting any available defenses.
Copyright Policy
Franklin Young respects the intellectual property rights of others and expect visitors to this Site to do the same. Franklin Young will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide contact details to Franklin Young using the information below and provide the following: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Franklin Young reserves the right to remove content alleged to be infringing without prior notice and at its sole discretion. Franklin Young may also terminate a user’s account if the user is determined to be a repeat infringer. Franklin Young’s designated copyright agent for notice of alleged copyright infringement appearing on the Site is:
1042 N. Mountain Ave, Ste 310
Upland, CA 91786
ph: Sales: 618-724-2780
fax: 909-931-5013
alt: Corp: 909-931-5012
Severability and Integration
This Agreement, and any product specific Franklin Young terms of sale applicable to products purchased from Franklin Young, constitute the entire agreement between you and Franklin Young with respect to this Site and the purchase of products from Franklin Young, and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Franklin Young with respect to this Site. If any part of these Terms of Use or a product specific Franklin Young terms of sale is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Termination
In the event you breach any provision of these Terms of Use, or for any other reason or no reason at all, Franklin Young may, in its sole discretion, terminate your access to all or part of this Site, including, without limitation, your account, with or without notice.
Contact Information
If have any questions or should you need any additional information about issues relating to this Site and/or technical manual, please contact:
1042 N. Mountain Ave, Ste 310
Upland, CA 91786
ph: Sales: 618-724-2780
fax: 909-931-5013
alt: Corp: 909-931-5012