Please read this Agreement
carefully before accessing our web site. As a condition to and in consideration
of using and accessing the Fran Export Service web site the User agrees to be
bound by the terms of this Agreement. Use of or access to the Fran Export
Service web site shall constitute acceptance of and agreement to be bound by
this Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS
OR USE THE FRAN EXPORT SERVICE WEB SITE. If you have any questions about this
Agreement, please contact us via e-mail at joe@franautosales.com
THIS AGREEMENT
"Agreement" is entered into by and between Fran Export Service and any
individual, corporation, association, agency, company, or other entity who
accesses or uses the Fran Export Service web site (the "User" or
"you").
The Fran Export Service web site
which is provided without charge to you, is a World Wide Web site on the
Internet. The Fran Export Service web site is owned and operated Fran
Export Service. The Fran Export Service web site contains or may contain
information, communications, opinions, text, graphics, links, electronic art,
animations, audio, video, software, photos, music, sounds and other material and
data (collectively, "Content") formatted, organized and collected in a
variety of forms that are generally accessible to Users, including directories
and databases, and areas of the Fran Export Service web site that can be
modified by Users, such as, registering user profiles, and creating Auto-Notify
profiles ("Interactive Areas").
1. User Rights and Responsibilities
1.1 Access to the Fran Export Service Web Site.
You are responsible for providing
all hardware, software, telephone or other communications equipment and/or
service to connect to the Internet and access the Fran Export Service web
site and are responsible for all Internet access charges, telephone charges or
other fees or charges incurred in connecting to the Internet and accessing the
Fran Export Service web site.
1.2 User Conduct.
You agree to access and use the
Fran Export Service web site only for lawful purposes. You are solely
responsible for the knowledge of and adherence to any and all laws, statutes,
rules and regulations, pertaining to (i) your use of the Fran Export Service web
site, including any Interactive Area, (ii) the use of any networks or other
services connected to the Fran Export Service web site, and (iii) the
communications means by which you connect your modem, computer, or other
equipment to the Fran Export Service web site. By accessing the Fran Export
Service web site, you agree that you will not:
(1)
restrict or inhibit any other user from using and enjoying the Interactive
Features;
(2)
Attempt to transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane, or indecent information of any kind,
including without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give rise to civil liability
or otherwise violate any local, state, national, or international law;
(3)
Attempt to transmit any information, software, or other material which violates
or infringes in the rights of others, including material which is an invasion of
privacy or publicity rights or which is protected by copyright, trademark or
other proprietary right, or derivative works with respect thereto, without first
obtaining permission from the owner or right holder.
(4)
Attempt to transmit any information, software or other material which
contains a virus or other harmful component;
(5)
disrupt the normal flow of communication in an Interactive Area;
(6)
claim a relationship with or to speak for any business, association, institution
or other organization for which you are not authorized to claim such a
relationship;
(7)
violate any operating rule, policy or guideline of your Internet access provider
or online service.
2. Intellectual Property Rights
2.1 Fran Export Service content.
(a) You acknowledge that Content
on the Fran Export Service web site is provided by Fran Export Service.
You acknowledge that the Fran Export Service web site permits access to Content
that is protected by copyrights, trademarks, and other proprietary (including
intellectual property) rights ("Intellectual Property Rights"), and
that these Intellectual Property Rights are valid and protected in all media
existing now or later developed and except as is explicitly provided below, your
use of Content shall be governed by applicable copyright and other intellectual
property laws. You acknowledge that the Fran Export Service web site owns
a copyright in the "look and feel," i.e., the selection, coordination,
arrangement and presentation of such Content. Additionally, you acknowledge that
all prices, vehicle makes, models, years or any other information is subject to
change at any time.
(b) You may not modify, copy,
reproduce, transmit, distribute, publish, create derivative works from, display
or otherwise transfer or commercially exploit any of the Content, in whole or in
part, provided, however, that you may (i) make a reasonable number of digital or
other form of copies to permit your computer hardware and software to access and
view the Content, (ii) print one copy of each piece of Content, (iii) make and
distribute a reasonable number of copies of Content, in whole or in part, in
hard copy or electronic form for internal use only. Any permitted copies of
Content must reproduce in an unmodified form any notices contained in the
Content, such as all Intellectual Property Right notices, and an original source
attribution to "The Fran Export Service web site" and its URL
address. You acknowledge that the Fran Export Service web site, its
Contributors, and/or Users remain the owners of the Content and that you do not
acquire any Intellectual Property Rights by downloading or printing Content.
3. Interactive Areas
You acknowledge that the
Fran Export Service web site may include various interactive areas
("Interactive Areas"). However, neither the Fran Export
Service web site, its subsidiary and parent companies, or affiliates, nor their
respective directors, officers, employees and agents are responsible for Content
within any Interactive Area. Your use and/or management of an Interactive Area
will be governed by this Agreement and any additional rules or operating
procedures of any Interactive Area established by you or another User, as
applicable. . The Fran Export Service web site is not responsible for
screening, policing, editing, reviewing or monitoring any Content in an
Interactive Area. Notwithstanding the above, you agree that the Fran
Export Service has the right to monitor any Interactive Area, from time to time
and to disclose any information as necessary to satisfy any law, regulation or
other governmental request, to operate the Interactive Area, or to protect
itself or other Users. If notified of Content that is alleged not to conform to
this Agreement, Fran Export Service may investigate the allegation
and determine in its sole discretion whether to remove or request the User to
remove such Content. The Fran Export Service reserves the right to
prohibit conduct, communication or Content within an Interactive Area, or to
edit, refuse to post, or to remove any Content, in whole or in part, which it
deems in its sole discretion to (i) violate the then-standard provisions of this
Agreement or any other standard, written Fran Export Service web site
policy in effect at that time, (ii) be harmful to the rights of any User,
Fran Export Service web site or other third parties, (iii) violate applicable
law, or (iv) be otherwise objectionable.
4. Termination
The only right with respect to
dissatisfaction with any policies, guidelines, or practices of the Fran
Export Service in operating the Fran Export Service web site, or any
change in Content, is for you to discontinue accessing or using Fran
Export Service web site. The Fran Export Service may terminate or
temporarily suspend your access to all or any part of the Fran Export
Service web site, without notice, for conduct that the Fran Export Service
is a violation of this Agreement or any policies or guidelines posted by the
Fran Export Service, or for other conduct which Fran Export Service
believes, in its sole discretion, is harmful to the Fran Export Service
web site other Users. Fran Export Service may discontinue operating the
Fran Export Service web site and terminate this Agreement without notice at any
time for any reason in its sole discretion. In the event of termination, you are
no longer authorized to access the Fran Export Service web site, including the
Interactive Areas, and the restrictions imposed on you with respect to Content
downloaded from the Fran Export Service web site, as well as the disclaimers and
limitations of liabilities set forth in this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability
5.1 Links. You understand that
except for Content, products or services expressly available at the Fran Export
Service web site, neither the Fran Export Service web site, its subsidiary
and parent companies, or affiliates, or their respective directors, officers,
employees, and agents controls, provides, or is responsible for any Content,
goods or services available through sites on the Internet linked to or from the
Fran Export Service web site. All such Content, goods and services are made
accessible on the Internet by Fran Export Service but Fran Export Service
neither endorses nor is responsible for the accuracy, completeness, usefulness,
quality or availability of any Content, goods or services available on any page
of the Fran Export Service web site. It is the sole responsibility of the user
to verify the accuracy of any and all data posted. Neither the Fran Export
Service its subsidiary and parent companies, or affiliates, or their respective
directors, officers, employees, and agents shall be held responsible or liable,
directly or indirectly, for any loss or damage caused or alleged to have been
caused by your use of or reliance on any Content, goods or services available on
the Fran Export Service web site or any site linked to or from the Fran
Export Service web site or your inability to access the Internet or any site
linked to or from the Fran Export Service web site.
5.2 Disclaimer of Warranties.
Please use your best judgment in evaluating all information contained or
opinions expressed on the Fran Export Service web site. It is the policy
of Fran Export Service not to endorse or oppose any opinion about the items
posted on the Fran Export Service web site. YOU EXPRESSLY AGREE THAT YOUR
USE OF THE FRAN EXPORT SERVICEWEB SITE IS AT YOUR SOLE RISK. NEITHER THE
FRAN EXPORT SERVICE NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR
AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA,
INFORMATION OR SERVICES WARRANTS THAT THE FRAN EXPORT SERVICEWEB SITE OR
ANY INTERNET SITE LINKED TO OR FROM THE FRAN EXPORT SERVICEWEB SITE WILL
BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS
SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FRAN EXPORT
SERVICEWEB SITE OR ANY INTERNET SITE LINKED TO OR FROM THE FRAN EXPORT
SERVICEWEB SITE OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY,
COMPLETENESS, USEFULNESS, NON-INFRINGEMENT, RELIABILITY, AVAILABILITY, OR
SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH
THE FRAN EXPORT SERVICEWEB SITE OR ANY SITE LINKED TO OR FROM THE FRAN EXPORT
SERVICEWEB SITE . THE FRAN EXPORT SERVICE WEB SITE IS PROVIDED ON AN
"AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL THE FRAN AUTO SALE, INC, ITS SUBSIDIARY AND PARENT
COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, THE FRAN EXPORT
SERVICE WEB SITE, OR ANY INTERNET SITE LINKED TO OR FROM THE FRAN EXPORT SERVICE
WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR
UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR
DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE,
BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR
THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL THE
FRAN EXPORT SERVICE, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR
LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR
ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THE FRAN EXPORT
SERVICE WEB SITE OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR
FROM THE FRAN EXPORT SERVICE WEB SITE. THE CONTENT WITHIN THE FRAN EXPORT
SERVICE WEB SITE AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM
THE FRAN EXPORT SERVICE WEB SITE MAY INCLUDE TECHNICAL OR OTHER
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF THE FRAN
EXPORT SERVICE WEB SITE AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT.
THE FRAN EXPORT SERVICE WEB SITE AND ITS CONTRIBUTORS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND
AGREE THAT THE FRAN EXPORT SERVICES NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE,
FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED
WITH ANY FRAN EXPORT SERVICE WEB SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF
THE FRAN EXPORT SERVICE WEB SITE IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE FRAN EXPORT SERVICE WEB SITE.
6. Indemnity
You agree to indemnify and hold
the Fran Export Service, its parent or subsidiary companies and their
affiliates, and their respective directors, officers, employees, and agents from
any and all liabilities, claims and expenses, including reasonable attorneys
fees, arising from breach of this Agreement, any other policy, your use or
access of the Fran Export Service web site or any Internet site linked to or
from the Fran Export Service, or in connection with the transmission of any
Content on the Fran Export Service.
7. Miscellaneous
This Agreement
comprises the entire agreement between the Fran Export Service and you, and
supersedes any prior agreements with respect to the subject matter herein. Fran
Export Service may revise this Agreement or any other policy at any time
and from time to time, and such revision shall be effective two (2) days upon
posting notice of such revision prominently on the Fran Export Service. You
agree to review this Agreement periodically to be aware of such revisions. If
any such revision is unacceptable to you, you must discontinue accessing the
Fran Export Service. Your continued accessing and use of the Fran Export Service
following notice of any such revision shall conclusively be deemed acceptance of
all such revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6
and 7 shall survive the termination or expiration of this Agreement. If any
provision of this Agreement or any other policy be held invalid or
unenforceable, that portion shall be construed in accordance with applicable law
as nearly as possible to reflect the original intention of the parties and the
remaining portions will continue in full force and effect. The failure of Fran
Export Service to insist upon or enforce strict performance of any provision of
this Agreement shall not be construed as a waiver of any provision or right.
This Agreement shall be governed by the laws of the state or province of
domicile of the Fran Export Service, excluding its conflict of laws rules, and
you and the Fran Export Service each submit to the exclusive jurisdiction of the
courts of that state or province. This Agreement is personal to you and you may
not assign your rights or obligations there under to anyone. All logos, brand
names, products, trademarks and service marks appearing herein may be the
trademarks or service marks of their respective owners. References to any
trademark, service mark and links to or from the Fran Export Service web site
have been done strictly for clarification and identification and does not
constitute endorsement by the Fran Export Service of the products, services
or information offered by the owner of such trademark, service mark or link or
endorsement.