1. LICENSE. If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access The Franklin Archive in compliance with these TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from The Franklin Archive, excluding content you create and sharing with friends/family.
2 USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with The Franklin Archive, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users' personal and/or contact information ("PI"). Notwithstanding the provisions of this section, crawlers from the following search engines are approved to crawl The Franklin Archive: Google, Yahoo, Microsoft Bing, Yandex, and DuckDuckGo.
You agree to pay us for breaching or inducing others to breach this "USE" section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.
3. DISCLAIMER OF WARRANTY. THE INFORMATION AND CONTENT ON THIS SITE IS PROVIDED "AS IS," WITH "ALL FAULTS," WITH NO WARRANTIES OR GUARANTEES. THE FRANKLIN ARCHIVE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND ANY GUARANTEE OR WARRANTY THAT TECHNICAL INFORMATION IS COMPLETE OR ACCURATE.
4. LIMITATION AND WAIVER OF LIABILITY. THE FRANKLIN ARCHIVE WILL NOT BE LIABLE TO ANYONE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE RELATED TO OR ARISING FROM USE OF THIS WEB SITE OR INFORMATION OR LINKS CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, AND THE LIKE, EVEN IF THE FRANKLIN ARCHIVE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE MAY THE FRANKLIN ARCHIVE'S TOTAL LIABILITY TO YOU ARISING FROM USE OF THIS WEB SITE OR INFORMATION OR LINKS CONTAINED THEREIN, UNDER ANY LEGAL THEORY OR CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING UNDER TORT, CONTRACT, BREACH OF WARRANTY, OR PATENT LAW), EXCEED FIFTY US DOLLARS ($50) OR THE AMOUNT PAID BY YOU TO THE FRANKLIN ARCHIVE FOR THE FRANKLIN ARCHIVE'S PRODUCTS OR SERVICES DURING THE ONE (1) YEAR PERIOD PRIOR TO THE FILING OF THE CLAIM.
All disclaimers of warranties in this section shall also apply to officers, directors, employees, authorized resellers, agents, affiliates, the parent company or companies, and suppliers of The Franklin Archive, and, to the extent permitted by applicable law, all such parties shall have no liability whatsoever to you for any of the causes of action covered by this section, and you further agree not to seek indemnification or damages from any such parties.
5. THIRD-PARTY LISTINGS AND LINKS. This site contains links to other Internet sites and listings of third-party organizations. These links and listings are provided solely as a convenience to The Franklin Archive customers and web site visitors, and are not endorsements of any products or services in such sites, and no statements or information in such sites have been endorsed or approved by The Franklin Archive. The Franklin Archive is not responsible for the content of any third-party sites linked from this web site.
6. DISPUTE RESOLUTION. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
(a) Except for either party’s claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret, any and all disputes between you and The Franklin Archive arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the The Franklin Archive.
(b) YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND THE FRANKLIN ARCHIVE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND THE FRANKLIN ARCHIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
(c) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA"), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you, and The Franklin Archive must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in your choice of either Grand Rapids, Michigan, or Phoenix, Arizona. The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Grand Rapids, Michigan. Claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in Grand Rapids, Michigan.
(d) This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of Michigan, USA without giving effect to any law that would result in the application of the law of another jurisdiction.
7. VENUE. In the event that for any reason an action is brought (notwithstanding the arbitration remedies set forth above) relating to this agreement or use of this web site or any related matter between the parties, the venue for such action shall be the court with jurisdiction over the matter that is located in Kent County in the State of Michigan. You irrevocably consent to the jurisdiction of such court with respect to such matter, waive any objection to venue in such court, and agree that you will not bring any action relating to such matter in any other court. Notwithstanding the venue and arbitrations provisions of this Agreement, we may bring an action for injunctive relief anywhere it is appropriate.