TERMS & CONDITIONS

Terms and Conditions 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. Your use of franklinenclosures.ca (the “Site”) is expressly conditioned on your acceptance without modification of the following terms and conditions (the “Terms and Conditions”).  By using this Site, you signify your acceptance of these Terms and Conditions. 

Franklin Enclosures may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on this Site. Your continued use of this Site signifies your acceptance of such revised Terms and Conditions, so check back frequently to read the most recent version. 

Ownership 

Unless otherwise noted, all materials, including images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips and written and other materials that are part of the Site (collectively, the “Contents”) are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trade-marks, owned by or licensed to Franklin Enclosures, and/or its various subsidiaries, affiliates, associate dealers, third party providers and distributors (“Third Parties”), and are protected by Canadian, U.S. and international intellectual property laws. 

Franklin Enclosures and Third Parties, including without limiting the generality of the foregoing, its suppliers and licensors, expressly reserve all intellectual property rights in all Contents, products, processes, technology, tools and other materials that appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Franklin Enclosures’ or any Third Party’s intellectual property rights. 

The Franklin Enclosures names and logos and all related product and service names, design marks and slogans are the trade-marks or service marks of Franklin Enclosures and are used in Canada and the U.S. under exclusive license by Franklin Enclosures. All other Contents are the property of their respective owners. No trade-mark or service mark license is granted in connection with the materials contained on this Site. 

Use of Site

Neither this Site nor the Contents may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Franklin Enclosures, except that you may download, display and print the content presented on this Site for your personal, non-commercial use only. Unauthorized use of this Site and/or the Contents may violate applicable copyright and trademark notices, including any other proprietary notices, contained within the Contents. The use of the Contents on any other web site or in any environment of networked computers is prohibited. 

You are prohibited from contributing, posting or transmitting to this Site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. 

This Site is not intended for use by individuals under the age of 18. Use of this Site is void where prohibited by applicable law. 

In its sole discretion, in addition to any other rights or remedies available to Franklin Enclosures and without any liability whatsoever, Franklin Enclosures at any time and without notice may terminate or restrict your access to any component of this Site. 

User Name and Password

Your franklinenclosures.ca web site account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Franklin Enclosures representative. Franklin Enclosures recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session. 

All login names and passwords remain the property of Franklin Enclosures, and may be cancelled or suspended at any time by Franklin Enclosures without any notice or liability to you or any other person. Franklin Enclosures is not under any obligation to verify the actual identity or authority of the use of any login name or password. 

You must immediately notify Franklin Enclosures of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised. 

User Comments, Feedback, Postcards and Other Submissions

For all review, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Franklin Enclosures on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) you grant Franklin Enclosures a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub-licensable right and license to use the Comments however Franklin Enclosures desires, including without limitation, to use, copy, reproduce, disclose, modify, delete in its entirety, adapt, publish, display, translate, create derivative works from and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world and for any purpose without restriction and without compensating you in any way. 

For this reason, we ask that you not send Franklin Enclosures any comments that you do not wish to license to Franklin Enclosures as described above, including any confidential information or any original creative materials such as stories, product ideas, computer code or original art work. Franklin Enclosures is not and shall not be under any obligation: (1) to display, maintain or use Comments in any way; (2) to maintain any Comments in confidence; (3) to pay to use any compensation for any Comments; or (4) to respond to any user Comments. You represent and warrant that any Comments submitted by you to this Site will not violate the terms and conditions of this Agreement or any right of any third party, including without limitation, copyright, trademark, publicity, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity and will not contain any personal information of any third party. You further represent and warrant that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, defamatory, abusive or obscene material, or contain software viruses, disabling mechanisms, harmful content, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You will not impersonate any person or entity or misrepresent your affiliation to a person or entity. You are and shall remain solely responsible for the content of any Comments you make. 

You represent and warrant that you have the right to distribute and reproduce the Comments and to grant the license that you have granted above. You hereby waive all your moral rights in the Comments for the benefit of Franklin Enclosures and its successors, assigns and licensees. 

Franklin Enclosures does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to this Site. You grant Franklin Enclosures the right to use the name that you submit in connection with any comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Franklin Enclosures and its affiliates for all claims resulting from or relating to any Comments you submit. 

Franklin Enclosures and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party. 

Objectionable Content 

You understand that by using this Site or any services provided on this Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use this Site and any service at your sole risk and that Franklin Enclosures and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent or objectionable. 

Informational Purposes

Some product and/or service descriptions, representations, warranties, guarantees, performance claims, and other Content provided on this Site are provided by Third Parties, including without limiting the generality of the foregoing, Franklin Enclosures vendors and partners, and are not independently verified by Franklin Enclosures. The accuracy of such service descriptions, representations, warranties, guarantees, performance claims and other Content, is the sole responsibility of the Third Parties. While this Site attempts to be accurate in its product and/or service descriptions, Franklin Enclosures does not represent or warrant that the product and/or service descriptions or other Content on the Site are accurate, complete, reliable, current, or error-free. If you find a product and/or service you purchase is not as described, your sole remedy is to return the product in accordance with Franklin Enclosures’s Return Policy, or cancel the service in accordance with the applicable service agreement. 

Franklin Enclosures and/or Third Parties may also provide tips, instructions and other information on this Site for your general information only. Because various aspects of products and services can change at any time, you should always be sure to read and follow the labels and instructions that accompany any products or services you use or purchase from Franklin Enclosures. No tips, instructions or other information is intended to substitute the advice of a qualified professional. This information does not cover all possible uses, precautions, and interactions and should not be construed to indicated that any product or service is safe for your intended purposes. You should carefully read all the information provided by the manufacturer of the product or service on or in the product or service packaging and labels and consult appropriate professionals to ensure the same are appropriate for your intended use. 

Franklin Enclosures, ITS AFFILIATES AND THEIR RESPECTIVE AGENTS ASSUME NO RESPONSIBILITY FOR ANY INJURY, DAMAGE OR OTHER CONSEQUENCE CAUSED BY OR OTHERWISE RELATED (DIRECTLY OR INDIRECTLY) TO ANY ACTION OR INACTION YOU TAKE BASED ON THE TIPS, INSTRUCTORS AND OTHER INFORMATION AND RESOURCES AVAILABLE ON THIS SITE. 

Site Security 

Users of this Site are prohibited from violating or attempting to violate the security of this Site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any header, including any email or TCP/IP packet header. Violations of system or network security may result in civil or criminal liability. Franklin Enclosures will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to scrape, navigate or search this Site and other than search engine and search agents available on this Site and other than generally available third party web browsers (e.g. Microsoft Explorer, Firefox, Chrome).