FranklinWH Shop Terms of Us

Terms of Us

PLEASE READ THESE TERMS OF USE (THE "TERMS OF USE") CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS WEBSITE.

AGREEMENT TO TERMS OF USE

These Terms of Use apply with respect to your access and/or use of shop.franklinwh.com (individually and collectively, the “Site”), as well as any mobile application/s or digitally delivered products or services of FranklinWH Energy Storage Inc. or any affiliates of the foregoing (collectively, “FranklinWH”). All of such services are hereinafter collectively referred to as the "Services"). The following is important information regarding this Site, our copyright to its contents and the terms for your use of the Site as a visitor to or registered member of the shop.franklinwh.com community. These Terms of Use govern your use of the Site. Registration and certain other information submitted by you are subject to our applicable Privacy Policy, the terms and conditions of which are expressly incorporated herein by this reference. For more information, see our full Privacy Policy at shop.franklinwh.com/privacy You understand that through your use of this Site, you consent to the collection and use (as set forth in the applicable Privacy Policy) of this information, including the transfer of this information for storage, processing and use by the FranklinWH and its affiliates.

By using this Site you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site, or to products and services that we make available to you through the Site (all of which are deemed part of these Terms of Use). Accessing the Site, in any manner, whether automated or otherwise constitutes use of the Site and your agreement to be bound by these Terms of Use.

We reserve the right to change these Terms of Use or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Use on this Site and update the "Last Updated" date above to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified.

We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes the rights of others.

CHANGES TO TERMS OF USE

These Terms of Use may be changed without notice. Your continued use of this Site after the Terms of Use are changed will constitute your acceptance of those new Terms of Use. If you do not agree to the new Terms of Use, then discontinue your use of this Site.

LIMITATION ON ACCESS OR USAGE OF SITE

FranklinWH may limit your access to any part of this Site without notice to you. FranklinWH may terminate your use of this Site at any time without prior notice.

SITE REGISTRATION PROCESS

To access certain features of our Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as discussion forums, blogs, photo- and video-sharing pages or social networking features, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and e-mail address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

RESPONSIBILITY FOR YOUR USER NAME AND PASSWORD

To use certain features of our Site, you will need a user name and password, which you will receive through the Site’s registration process or through your purchase of a subscription to access certain features or content. We reserve the right to reject or terminate the use of any user name that we deem offensive or inappropriate. It is a violation of these Terms of Use to share this user name or password with any other person. In addition, we also reserve the right to terminate the use of any user name or account, or to deny access to the Site or any features of the Site, to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

YOUR LIMITED RIGHT TO USE SITE MATERIALS

This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or those of our affiliates or licensors or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Information about requesting permission to reproduce or distribute materials from the Site can be found here.

OUR RIGHT TO USE MATERIALS YOU SUBMIT OR POST

When you submit or post any material (including any photos or videos) via the Site, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, e-mail address or screen name, as we deem appropriate. The FranklinWH has no obligation of any kind with respect to such content, materials or information and is free to reproduce, use, disclose and distribute any portion of the submissions, including any ideas or information contained in the submissions for any purpose whatsoever. You understand that the technical processing and transmission of the Site, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you.

SURPRISE AND DELIGHT REWARDS

By creating a fan profile on one of our Services, you may receive rewards separate from any FranklinWH-sponsored contests, games, raffles, sweepstakes, or similar offers (“Surprise Rewards”). Surprise Rewards are not earned based on your purchases, but granted at the sole and absolute discretion of FranklinWH. Surprise Rewards cannot be transferred, redeemed for cash or substituted for a different reward.

ONLINE COMMERCE

Certain sections of this Site may allow you to purchase different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on our Site, or on a third-party website that you have accessed via a link on our Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or any of our affiliates, arising from your purchase or use of any products or services made available by third parties through the Site.

RESPONSIBILITY FOR USER-PROVIDED CONTENT

This Site may include a variety of features, such as discussion forums, blogs, photo- and video-sharing pages, e-mail services and social networking features that allow feedback to us and allow users to interact with each other on the Site and post content and materials for display on the Site. This Site also may include other features, such as personalized home pages and e-mail services, that allow users to communicate with third parties. By accessing and using any such features, you represent and agree: (i) that you have read and agree to abide by our Community Rules (described below); (ii) that you are the owner of any material you post or submit, or are making your posting or submission with the express consent of the owner of the material; (iii) that you are making your posting or submission with the express consent of anyone pictured in any material you post or submit, (iv) that you are 13 years of age or older; (v) that the materials will not violate the rights of, or cause injury to, any person or entity; and (vi) that you will indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of or related to any content or materials displayed on or submitted via the Site by you or by others using your username and password. You also grant us a license to use the materials you post or submit via such features, as described above under the header “Our Right to Use Materials You Submit or Post.”

Responsibility for what is posted on discussion forums, blogs, photo- and video-sharing pages, and other areas on the Site through which users can supply information or material, or sent via any e-mail services that are made available via the Site, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may transmit, post or otherwise provide on or through the Site.

You understand that we have no obligation to monitor any discussion forums, blogs, photo- or video-sharing pages, or other areas of the Site through which users can supply information or material. However, we reserve the right at all times, in our sole discretion, to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Use or is otherwise unacceptable or inappropriate, whether for legal or other reasons.

You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of our Site, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.

COMMUNITY GUIDELINES

• Restrict or inhibit any other user from using and enjoying the Site;

· Encourage violence or attack anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, or disease;

• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

• Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site;

• Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;

• Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means;

• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site;

• Use the Site to post or 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;

• Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;

• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component;

• Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;

• Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval;

• Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the Site;

• Contact anyone who has asked not to be contacted;

• Gather for the purpose of spamming e-mail addresses that have been posted by other users of the Site or otherwise engage in any acts that would constitute a violation of the CAN-SPAM Act of 2003, 15 U.S.C. §7701, et seq., the Canadian Anti-SPAM law, or any state law prohibiting or regulating unsolicited commercial e-mails;

• Engage in personal attacks, harass or threaten, question the motives behind others’ posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other users;

• Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

• Take or cause to be taken any action that disrupts the normal flow of postings and dialogue on our Site (such as submitting an excessive number of messages – i.e. a flooding attack), or that otherwise negatively affects other users’ ability to use the Site and/or services; or

• Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from our Site. Exception is made for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our Terms of Use.

The Site may contain an open forum that allows for the posting of messages. Please remember that the Site may be widely accessed so do not post any personal information (such as name, address, telephone numbers, email addresses, etc.) that you do not wish to become public, as the FranklinWH cannot control how such personal information may be used by a visitor to the Site.

Please keep in mind that due to the diversity of our community, something that might be disagreeable or disputable to you may not violate our Community Guidelines.

We reserve the right to deny access to the Site or any features of the Site to anyone who violates these Community Guidelines or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.

LINKS TO AND FROM OTHER WEBSITES

You may gain access to other websites via links on this Site. These Terms of Use apply to this Site only and do not apply to other parties' websites. Similarly, you may have come to this Site via a link from another website. The terms of use of other websites do not apply to this Site. Only these Terms of Use apply to this Site. FranklinWH assume no responsibility for any terms of use or material outside this Site accessed via any link. You are free to establish a hypertext link to our Site so long as the link does not state or imply any sponsorship of your website or service by FranklinWH or the Site. However, you may not, without our prior written permission, frame or inline link any of the content of our Site, or incorporate into another website or other service any of our material, content or intellectual property.

OWNERSHIP OF THIRD PARTY CONTENT

FranklinWH may display on the Site content supplied by visitors and other third parties on its Site (“Third Party Content”). FranklinWH have no editorial control over this Third Party Content. The content supplied by visitors and other third parties belongs to the respective owners of that Content.

FranklinWH, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY THIRD PARTY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.

FranklinWH DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY THIRD PARTY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.

FranklinWH shall not, under any circumstances, be liable for any losses, damages or harm caused by you or anyone else's reliance on Third Party Content available on this Site that is the property of visitors or third parties. You are solely responsible for evaluating and acting on any Third Party Content available on this Site.

PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT UNDER DIGITAL MILLENNIUM COPYRIGHT ACT

FranklinWH will respond to alleged copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The Privacy Policy does not protect information that FranklinWH may provide to third parties at its discretion or as required by law through copies of notices referenced below.

A. If you are a copyright owner or an agent thereof and believe that any Third Party Content infringes upon your copyrights, you may submit a written notification pursuant to DMCA by providing FranklinWH with the following:

1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3) Identification of the Third Party Content 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 FranklinWH to locate the material;

4) Information reasonably sufficient to permit FranklinWH to contact you, such as an address, telephone number, and, if available, an electronic mail address;

5) A statement that you have a good faith belief that use of the Third Party Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6) 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 owner of an exclusive right that is allegedly infringed.

B. Counter-Notice. If you believe that your Third Party Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Third Party Content, you may send a counter-notice containing the following information to FranklinWH at the address set forth below:

1) Your physical or electronic signature;

2) Identification of the Third Party Content that has been removed or to which access has been disabled and the location at which the Third Party Content appeared before it was removed or disabled;

3) A statement that you have a good faith belief that the Third Party Content was removed or disabled as a result of mistake or a misidentification of the Third Party Content; and

4) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the Federal court in Seattle, Washington, USA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

5) If a counter-notice is received by FranklinWH, FranklinWH may send a copy of the counter-notice to the original complaining party informing that person that FranklinWH may replace the removed Third Party Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Third Party Content provider, member or user, the removed Third Party Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at FranklinWH’ sole discretion.

6) You acknowledge that if you fail to comply with all of the requirements of this Section 13, your DMCA notice may not be valid.

7) FranklinWH will only respond to DMCA Notices that it receives by mail, e-mail or facsimile at the addresses below:

By Mail: 1731 Technology Dr., Ste 530, San Jose, CA 95110

Attention: Administration Office

By E-Mail: info@franklinwh.com

It is often difficult to determine if your copyright has been infringed. FranklinWH may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and FranklinWH may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting FranklinWH’ other rights, FranklinWH may, in appropriate circumstances, terminate a repeat infringer's access to the Site and any other website owned or operated by FranklinWH.

You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

Site Copyright

All copyright rights to this Site, including rights to the work and designs provided by the FranklinWH are owned by the FranklinWH, © 2023, FranklinWH Energy Storage Inc. All rights reserved. You cannot re-transmit, print or photocopy the materials on this Site for re-distribution in any medium without the written permission of the FranklinWH.

Disclaimers

Throughout our Site, we have provided links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

Your interactions with companies, organizations and/or individuals found on or through our Site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this Site, or between a user and any third party, we are under no obligation to become involved, and you agree to release us and our affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or our Site.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE, OR OUR SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Indemnification

You agree to indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, that arise out of your use of the Site, violation of these Terms of Use by you or any other person using your account, or your violation of any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.

Suspension and Termination of Access

You agree that, in our sole discretion, we may suspend or terminate your password, account (or any part thereof) or use of the Site, or any part of the Site, and remove and discard any materials that you submit to the Site, at any time, for any reason, without notice. You agree that we will not be liable to you or any third-party for any suspension or termination of your password, account (or any part thereof) or use of the Site, or any removal of any materials that you have submitted to the Site. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

Notice of Modification/Changes at Will

This Site is provided as a service to its visitors. The FranklinWH reserves the right to delete, modify or supplement the content of this Site, or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. The FranklinWH reserves the right to terminate operation of this Site entirely at any time for any reason without prior notice. In addition, the FranklinWH may update and modify these Terms of Use at any time by posting such updates and/or modifications to this Site and any further use of this Site is subject to such updated and/or modified Terms of Use. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.

SEVERABILITY

If any provision of these terms of use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these terms of use.

SITUS, VENUE & JURISDICTION

This Site is controlled by FranklinWH from its offices within Pennsylvania. FranklinWH comply with all laws of Pennsylvania applicable to this Site and to the Internet. Visitors who choose to visit this Site from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with their local laws.

Claims relating to this Site, to the use of this Site, and to the information content, material, goods and services available through this Site are governed by the internal substantive laws of the Commonwealth of Pennsylvania, without regard to its conflicts of laws principles. You hereby unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction and venue of the courts, state and Federal, located in [cite, state] for any litigation concerning this Site, your use of this Site and any purchases made through this Site. You agree not to plead forum non-conveniens in any such action.

NO ASSIGNMENT; NO THIRD PARTY BENEFICIARIES

These Terms of Use are personal to you and you may not assign it to anyone. These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.

LIMITATION ON ACTIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or these Terms of Use must be filed by you within one year after such claim or cause of action arose or be forever barred.

ENTIRE AGREEMENT

These Terms of Use, and the Privacy Policy incorporated herein by this reference, constitutes the entire agreement between us and you with respect to the subject matter contained in these Terms of Use and supersedes all previous and contemporaneous agreements, proposals and communications, whether written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site. In the event of any conflict between any such third-party terms and conditions and these Terms of Use, these Terms of Use will govern.