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TERMS OF USE
The BOBFRANKLIN.COM Web Site (the "Site") is an
online information service provided by BOBFRANKLIN.COM and is subject to your
compliance with the terms and conditions set forth below. PLEASE READ THIS
DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING
THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT
ACCESS OR USE THE SITE. BOBFRANKLIN.COM MAY MODIFY THIS AGREEMENT AT ANY
TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF
THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR
USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1. Use of the Site. You understand that, except for
information, products or services clearly identified as being supplied by
BobFranklin.com, BobFranklin.com does not operate, control or endorse any
information, products or services on the Internet in any way. Except for
BobFranklin.com identified information, products or services, all
information, products and services offered through the Site or on the
Internet generally are offered by third parties, that are not affiliated with
BobFranklin.com a. You also understand that BobFranklin.com cannot and does
not guarantee or warrant that files available for downloading through the
Site will be free of infection or viruses, worms, Trojan horses or other code
that manifest contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to the Site for the reconstruction of any lost
data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK
FOR YOUR USE OF THE SITE AND THE INTERNET. BOBFRANKLIN.COM PROVIDES THE SITE
AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND BOBFRANKLIN.COM SHALL
NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. BOBFRANKLIN.COM DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE
OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR
RISK. BOBFRANKLIN.COM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS. LIMITATION OF LIABILITY IN NO EVENT WILL BOBFRANKLIN.COM BE LIABLE
FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE
SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR
SERVICE. EVEN IF BOBFRANKLIN.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
BOBFRANKLIN.COM LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. BobFranklin.com makes no representations
whatsoever about any other web site which you may access through this one or
which may link to this Site. When you access a non-BobFranklin.com web site,
please understand that it is independent from BobFranklin.com, and that
BobFranklin.com has no control over the content on that web site. In
addition, a link to a BobFranklin.com web site does not mean that
BobFranklin.com endorses or accepts any responsibility for the content, or
the use, of such web site. 2. Indemnification. You agree to indemnify, defend and hold
harmless BobFranklin.com, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers to the Service
from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or any other person
accessing the Service. 3. Third Party Rights. The provisions of paragraphs 2 (Use of the
Service), and 3 (Indemnification) are for the benefit of BobFranklin.com and
its officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these individuals
or entities shall have the right to assert and enforce those provisions directly
against you on its own behalf. 4.Term; Termination. This Agreement may be terminated by either
party without notice at any time for any reason. The provisions of paragraphs
1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive
any termination of this Agreement. 5.Miscellaneous. This Agreement shall all be governed and
construed in accordance with the laws of the United States of America
applicable to agreements made and to be performed in the United States of
America. You agree that any legal action or proceeding between
BobFranklin.com and you for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought exclusively in a federal or
state court of competent jurisdiction sitting in the United States of
America. Any cause of action or claim you may have with respect to the
Service must be commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred. BobFranklin.com's
failure 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.
Neither the course of conduct between the parties nor trade practice shall
act to modify any provision of this Agreement. BobFranklin.com may assign its
rights and duties under this Agreement to any party at any time without
notice to you. Any rights not expressly granted herein are reserved. |
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