Welcome to Franco Blueprint, operated by Franco Blueprint Inc. (“Franco Blueprint,” “we,” or “our”).
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION AND CLASS ACTION WAIVER CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
- Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
- Commercial Use of Service. If you are using and/or accessing the Service on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
- Your Use of the Service
a. You must not copy, capture, or attempt to copy or capture any content from the Website or Service, unless given express permission by Franco Blueprint.
b. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or from the Website and/or Service.
c. You must not use any content in any way that is designed to create a separate service or that replicates any part of the offering of the Service.
d. You must not employ scraping or similar techniques to aggregate, repurpose, republish, or otherwise make use of any content.
e. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent your activity on the Service, including without limitation using bots, botnets, scripts, apps, plugins, extensions, or other automated means to register accounts, log in, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Service.
f. You must not alter, remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Website or any content appearing on the Website.
g. You must not permit any third party to copy or adapt the object code of the Website, or reverse engineer, reverse assemble, decompile, modify, or attempt to discover any source or object code of any part of the Website, circumvent or attempt to circumvent, copy any copy protection mechanism, or access any rights management information pertaining to content on the Website.
h. You must not engage in, solicit, or promote any conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation.
i. You must not rent, sell, or lease access to the Service, or any content on the Website.
j. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. For example, by registering an account in the name of another person or company or sending messages or making comments using the name of another person.
k. You must not stalk, exploit, threaten, abuse, or otherwise harass another user, or any Franco Blueprint employee. If Franco Blueprint determines that any user has threatened, stalked, harassed, or verbally abused any Franco Blueprint employee or another Franco Blueprint user, Franco Blueprint reserves the right to immediately terminate that user’s access to the Service.
l. You must not sell, transfer, offer to sell, or offer to transfer any Franco Blueprint account to any third party without the prior written approval of Franco Blueprint.
m. You must not collect or attempt to collect personal data or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
- Membership; Pricing; Charges on Your Account.
b. Billing. Franco Blueprint bills you through an online account (your “Billing Account”) for use of the Service. You agree to pay Franco Blueprint all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Franco Blueprint to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. Franco Blueprint reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
c. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
d. Recurring Billing. Our subscription plans to the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. Franco Blueprint may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (confirmed in writing by Franco Blueprint) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Franco Blueprint could act. You may change your payment method or cancel your paid membership in your account settings on the Websites. (Cancellation will take effect 30 days after you cancel on the Websites.) For your convenience, we take your payment information so that your Franco Blueprint membership will not be interrupted. We auto-renew your membership at the level you selected. Your Franco Blueprint subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate (if applicable). Please note that you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
e. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY FRANCO BLUEPRINT IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE FRANCO BLUEPRINT ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT FRANCO BLUEPRINT
MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY FRANCO BLUEPRINT).
f. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
g. Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Franco Blueprint is authorized to charge your Payment Method. Franco Blueprint may submit those charges for payment, and you will be responsible for such charges. This does not waive Franco Blueprint’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
- Modifications to Service, Termination of Service. Franco Blueprint reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Franco Blueprint shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
- Blocking of IP Addresses. In order to protect the integrity of the Services, Franco Blueprint reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website and/or Service.
- Geographic Restrictions. Franco Blueprint does not warrant or guarantee that the Service, or any of its content, is or will be accessible and/or legally permissible outside of the United States. Access to the Service, or certain parts thereof, may not be legal by certain persons or in certain countries. You acknowledge and agree that if you choose to access the Service from outside the United States, you do so entirely on your own
initiative and at your own risk, and that you are solely responsible for compliance with local laws.
- Third Party Content. Franco Blueprint may provide third party content on the Website and/or Service and may provide links to webpages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. Franco Blueprint does not control, endorse, or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that Franco Blueprint does not create Third-Party Content, nor does Franco Blueprint update or monitor it. Franco Blueprint is therefore not responsible for any Third-Party Content on the Service. Users use such Third-Party Content at their own risk. The Service may include links or references to other web sites or services solely as a convenience to Franco Blueprint users (collectively, the “Reference Sites”). Franco Blueprint does not endorse any Reference Sites, or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and the relevant advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
- Intellectual Property. Franco Blueprint, the Franco Blueprint logos and any other product or service name or slogan contained in the Service are trademarks of Franco Blueprint or our suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Franco Blueprint or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that Franco Blueprint may provide you from time to time.Franco Blueprint retains all proprietary rights on the Website and the Service, except where otherwise noted. The Website contain the copyrighted material, trademarks, and other proprietary information of Franco Blueprint, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on Franco Blueprint is proprietary. Except where otherwise specified in this Agreement, all content is copyrighted material of Franco Blueprint and for Franco Blueprint users’ use only. Distribution of content to others is prohibited. You agree that Franco Blueprint would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Franco Blueprint shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website or Service, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
• You may store files that are automatically cached by your Web browser for display enhancement purposes;
• You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
• Modify any materials on the Service, or any copies thereof;
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or Service or any services or materials available through the Website or Service.
The Service is owned and operated by Franco Blueprint. Unless otherwise indicated, all content and other materials on the Service, including, without limitation, Franco Blueprint’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).
- Limitation of Liability. In no event shall Franco Blueprint be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Website or Service, or use thereof. Nothing contained on the Website or Service or in any written or oral communications from Franco Blueprint or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.The content and functionality on the Website and Service, along with the services provided by employees of the Website and Service, are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Franco Blueprint makes no warranties, express or implied, as to the ownership, accuracy, completeness, or adequacy of the Website’s content or that the functionality of the Website or Service will be uninterrupted or error-free or free from virus or third-party attack. You hereby acknowledge that your use of the Website and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL FRANCO BLUEPRINT, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE OR SERVICE, EVEN IF FRANCO BLUEPRINT HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL FRANCO BLUEPRINT HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITE OR THE SERVICE, OR YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO PHYSICAL INJURY, DEATH, EMOTIONAL DISTRESS, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF FRANCO BLUEPRINT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT FRANCO BLUEPRINT SHALL HAVE NO LIABILITY FOR DAMAGES ARISING FROM ANY DISPUTE BETWEEN YOURSELF AND ANOTHER USER OF THE SERVICE.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Franco Blueprint and sole remedy available to any user in any case in any way arising out of or relating to the Agreement, Website or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the user to Franco Blueprint during the six months prior to notice to Franco Blueprint of the dispute for which the remedy is sought.
- Reliance on Information Posted. The information presented on or through the Website and/or Service is made available solely for general information purposes. Franco Blueprint does not warrant the accuracy, completeness, or usefulness of any such information. Any reliance you place on such information is strictly at your own risk. Franco Blueprint disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.This Service may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, content creators, aggregators and/or reporting services. All statements and/or opinions expressed in such materials, and all articles and responses to questions and/or other content, other than content provided by Franco Blueprint, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Franco Blueprint, and Franco Blueprint is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- Parental or Guardian Permission. Some of the content on the Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE WEBSITE AND/OR SERVICE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE FRANCO BLUEPRINT THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
- Communications from Franco Blueprint. Franco Blueprint may, at its sole discretion, provide you with notices, including without limitation notices regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including without limitation by email, regular mail, SMS, MMS, text message or postings on the Service. By using or accessing the Service, you expressly consent to receive such communications. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You acknowledge and agree that you are deemed to have received all notices that would have been delivered had you accessed the Service in an authorized manner.
- Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the Website and/or the Service, by using the Website and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Florida, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Florida with the same force and effect as if such service had been made within the State of Florida. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been affected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
- Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of using the Website and/or Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Website and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Florida, County of Broward, or the United States District Court for the Southern District
of Florida. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Florida, County of Broward, or the United States District Court for the Southern District of Florida.
- Amendment. Franco Blueprint may make changes to these Terms at any time. Any revised terms will be effective upon posting on the Website; your use of the Website and/or Service after these updated Terms have been posted will constitute your express acceptance of the revised Terms.
Please contact us with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.