Terms of Service - Franteractive: Consulting, Technology, Outsourcing

1. ACCEPTANCE OF TERMS

Franteractive Inc. ("FRANTERACTIVE") welcomes you. FRANTERACTIVE provides its services through th following Internet domains and sub-domains thereof: http://www.franteractive.net, http://www.franteractive.com, and http://www.franconomics.com. FRANTERACTIVE provides its services to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without prior notice. You can review the most current version of the TOS at any time here at the URL http://www.franteractive.com/tos.html.

2. DESCRIPTION OF SERVICE

FRANTERACTIVE provides users with access to premiere content on political economy, global economy, economic analysis, public policy, political strategy, business strategy, marketing strategy, technology strategy, and product strategy, including basic and advanced frameworks, strategy concepts, solved strategy / business cases, books, CDs / DVDs, MRD - Marketing Requirements Document and PRD - Product Requirements Document templates; and weekly podcasts on technology strategy frameworks, Real-Estate Investments, and weekly Franconomics.com updates ("Service"). The Service may include advertisements which are necessary for FRANTERACTIVE to provide such content. You also understand and agree that the Service may include FRANTERACTIVE Newsletters and service announcements through email from time to time. You understand and agree that the Service is provided "AS-IS". You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service; including hardware with a browser and speakers; iTunes and PDF Reader, etc. If you have problems downloading our various podcasts, please bring it to our attention at info (at) franteractive.com. We shall email-you back a full version of any archived podcast.

3. FRANTERACTIVE PRIVACY POLICY
We may collect information about you when you order a Service, or when you communicate to us through an email. However, without your prior permission, we will never share such information with a third party. We take your privacy seriously and protect it at all costs.

4. NO REPRODUCTION / RESALE OF SERVICE WITHOUT PERMISSION

The Service comes from content-rich websites, which are the property of FRANTERACTIVE. All such content is protected by the Digital Millennium Copyright Act. Consequently, except where explicitly stated that you are allowed a free download, you may not print, save to your computer hard-drive, reproduce / copy / duplicate / distribute on other websites or through email, any of our web-pages, without our prior permission. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on FRANTERACTIVE's web-pages, in whole or in part. You agree not to access the Service by any means other than through the World Wide Web. Free downloads of files, templates, podcasts, etc., where explicitly stated that you can do so, are for your use only. These downloads, with the exception of the podcasts, may not be redistributed to others through email. Redistributing our podcasts in their entirety through e-mails to your friends and family is allowed and encouraged.

Linking to any of our web-pages from other websites is allowed / encouraged. If you own / operate a web site, please feel free to link to any of our web-pages, as appropriate. If you appreciate the content / knowledge provided for your benefit through FRANTERACTIVE's web-pages, please email the complete URLs --- http://www.franconomics.com, http://www.franteractive.net, and http://www.franteractive.com to your friends and family.

To print any of the articles / frameworks / solved cases for the dissemination of business education, please send an email to
print (at) franteractive (dot) net for more information.

5. MODIFICATIONS TO SERVICE

FRANTERACTIVE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FRANTERACTIVE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

6. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that FRANTERACTIVE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

7. LINKS

The Service may provide links to other World Wide Web sites or resources. Because FRANTERACTIVE has no control over such sites and resources, you acknowledge and agree that FRANTERACTIVE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that FRANTERACTIVE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

8. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FRANTERACTIVE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. FRANTERACTIVE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
c. MATERRIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FRANTERACTIVE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

9. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FRANTERACTIVE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FRANTERACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.

10. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 8 AND 9 MAY NOT APPLY TO YOU.

11. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock prices, investments or securities, please read the above Sections 8 and 9 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for educational / informational purposes only, and no Content included in the Service is intended for trading or investing purposes. FRANTERACTIVE and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.

12. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

13. NOTICE

FRANTERACTIVE may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.

14. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

FRANTERACTIVE respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please email copyright@franteractive.com the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

15. GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and FRANTERACTIVE and governs your use of the Service, superseding any prior agreements between you and FRANTERACTIVE with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other FRANTERACTIVE services, affiliate services, or third-party content.

Choice of Law and Forum. The TOS and the relationship between you and FRANTERACTIVE shall be governed by the laws of the State of Delaware in the United States of America.

Waiver and Severability of Terms. The failure of FRANTERACTIVE to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16. VIOLATIONS

Please report any violations of the TOS to tos (at) franteractive (dot) com.