Terms & Conditions
Last Revised 11/14/2024
These Terms and Conditions (“Terms”) apply to your access to and use of the websites and other online services (collectively, the “Services”) provided by Frankman for Florida (“CLIENT”, “we” or “us”). By accessing and using the Services, you agree to these Terms. If you do not agree to these Terms, do not use the Services.
We may provide additional or different terms and conditions with respect to some of the Services (“Additional Terms”). If you use any Services with Additional Terms, the Additional Terms will apply to your use of such Services. If there is any conflict between these Terms and any Additional Terms, the Additional Terms will control to the extent of such conflict.
We may update these Terms from time to time. If we make any changes to these Terms, we will notify you by revising the “Last Revised” date at the top of these Terms, and, in some cases, we may provide you with additional notice (such as by adding a statement to our website homepage or by sending you a notification).
Unless otherwise indicated in our notice to you, any changes to these Terms will be effective immediately, and your continued use of the Services following our provision of such notice will confirm your acceptance of such changes. If you do not agree to any changes to these Terms, you must stop using the Services.
If you have any questions regarding these Terms or the Services, please contact us at media@frankmanforflorida.com.
Privacy Policy
For information about how we collect, use, and share information about you, please see our Privacy Policy.
Mobile Communications
If you subscribe to receive updates or other information from us through our SMS text messaging program, you consent to receive automated text messages from us via your mobile device. Subscribers may receive multiple messages a week from CLIENT.
We do not charge for these services. However, your carrier’s normal messaging, data, and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. At any time, you may text STOP to cancel or HELP for customer support information. For all questions about the services provided, you can send an email to media@frankmanforflorida.com.
Carriers are not liable for delayed or undelivered messages.
By entering your phone number and selecting to opt in, you consent to join a recurring SMS/MMS text messaging program that will provide alerts, donation requests, updates, and other important information. By participating, you agree to the terms & privacy policy for auto dialed messages from CLIENT to the phone number you provide. No consent is required to buy. Msg&data rates may apply. Reply HELP for help or STOP to opt-out at any time. SMS information is not rented, sold, or shared. Privacy Policy and Terms and Conditions.
Ownership and Limited License
The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by CLIENT or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, informational, and noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.
Trademarks
Frankman for Florida (CLIENT) and our logos, our slogans, our product or service names, and the look and feel of the Services are trademarks of CLIENT and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product or service names, and company names or logos mentioned on or included in the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
Feedback
You may voluntarily submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about CLIENT or the Services (collectively, “Feedback”). You understand that we may use Feedback for any purpose, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in our sole discretion. You understand that CLIENT may treat Feedback as nonconfidential.
Third-Party Content
We may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the applicable third party. CLIENT does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content. Your access to and use of Third-Party Content is at your own risk.
Prohibited Content and Conduct
You will not violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort, and you are solely responsible for your conduct while using the Services. You will not:
engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
impersonate, submit, or post on behalf of any person or entity, or otherwise misrepresent your affiliation with a person or entity;
sell, resell, or commercially use the Services;
copy, reproduce, distribute, publicly perform, or publicly display all or portions of the Services, except as expressly permitted by us or our licensors;
modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon the Services without our prior written consent;
use the Services other than for their intended purpose or in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
reverse engineer any aspect of the Services or do anything that might discover source code or that might bypass or circumvent measures employed to prevent or limit access to any part of the Services;
use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from the Services;
develop or use any applications that interact with the Services without our prior written consent;
send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
bypass or ignore instructions contained in our robots.txt file; or
use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
This Section 7 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
Indemnification
To the fullest extent permitted by applicable law, you will defend, indemnify, and hold harmless CLIENT and its officers, directors, employees, volunteers and agents (individually and collectively, the “CLIENT Parties”), from and against any claims, damages, costs, liabilities, and expenses (including reasonable attorneys’ fees) (“Claims”) arising out of or related to (a) your access to and use of the Services; (b) your Feedback; (c) your violation of these Terms; (d) your conduct in connection with the Services; or (e) your violation, misappropriation, or infringement of any rights of any third party (including intellectual property or privacy rights).
Disclaimer
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITING BY CLIENT, THE SERVICES AND ANY CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, CLIENT DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY CONTENT THEREIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
WHILE CLIENT ATTEMPTS TO MAKE YOUR USE OF THE SERVICES AND ANY CONTENT THEREIN SAFE, CLIENT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY CONTENT THEREIN OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CLIENT OR ANY OTHER CLIENT PARTIES BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE) FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, EVEN IF CLIENT OR ANY OTHER CLIENT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF CLIENT AND THE OTHER CLIENT PARTIES FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF THE ACTION, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CLIENT FOR ACCESS TO OR USE OF THE SERVICES.
THE LIMITATIONS SET FORTH IN THIS SECTION 10 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF CLIENT OR ANY OTHER CLIENT PARTIES OR FOR ANY OTHER MATTERS FOR WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN ADDITION, PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Transfer and Processing of Data
In order for us to provide the Services, you agree that we may process, transfer, and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
Applicable Law and Venue
Any dispute arising out of or related to these Terms or your use of the Services will be governed by and construed and enforced in accordance with the laws of the District of Columbia applicable to agreements made and to be entirely performed within the District of Columbia, without regard to its conflict of law provisions. Each party irrevocably consents to the exclusive jurisdiction and venue of the state and federal courts located in the District of Columbia for all disputes arising out of or related to these Terms or your use of the Services.
Modification or Termination of the Services
We reserve the right to modify the Services or to suspend or stop providing all or portions of the Services at any time and without prior notice to you. We are not responsible for any loss or harm related to your inability to access or use the Services.
Severability
If any provision or portion of a provision of these Terms is deemed to be unlawful, void or unenforceable, that provision or portion thereof is deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Miscellaneous
Any failure by CLIENT to enforce any provision of these Terms will not be deemed a waiver of future enforcement of that or any other provision of these Terms, unless expressly waived in writing by CLIENT. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided in these Terms, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.