Agreement between
User and Blog.FranklinGlobalCapital.com
Welcome to Blog.FranklinGlobalCapital.com. The
Blog.FranklinGlobalCapital.com website (the "Site") is comprised of
various web pages operated by Franklin Global Capital LLC aka FG Capital, LLC ("FG Capital LLC", “FGC”, “FGC Trading”).
Blog.FranklinGlobalCapital.com is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein
(the "Terms"). Your use of Blog.FranklinGlobalCapital.com constitutes
your agreement to all such Terms. Please read these terms carefully, and keep a
copy of them for your reference.
Blog.FranklinGlobalCapital.com is a Blog Site.
Primarily Financial Markets Blogger/Blog/Affiliate
website- The majority of the Content/articles focus on Forex, Futures, Cryptocurrency and Equities.
Privacy
Your use of Blog.FranklinGlobalCapital.com is subject
to FGC's Privacy Policy. Please review our Privacy Policy, which also governs
the Site and informs users of our data collection practices.
Electronic
Communications
Visiting Blog.FranklinGlobalCapital.com or sending
emails to FGC constitutes electronic communications. You consent to receive
electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communications
be in writing.
Your Account
If you use this site, you are responsible for
maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or
otherwise transfer your account to any other person or entity. You acknowledge
that FGC is not responsible for third party access to your account that results
from theft or misappropriation of your account. FGC and its associates reserve
the right to refuse or cancel service, terminate accounts, or remove or edit
content in our sole discretion.
Children Under
Thirteen
FGC does not knowingly collect, either online or
offline, personal information from persons under the age of thirteen. If you
are under 18, you may use Blog.FranklinGlobalCapital.com only with permission
of a parent or guardian.
Links to Third
Party Sites/Third Party Services
Blog.FranklinGlobalCapital.com may contain links to
other websites ("Linked Sites"). The Linked Sites are not under the
control of FGC and FGC is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. FGC is providing these links to you
only as a convenience, and the inclusion of any link
does not imply endorsement by FGC of the site or any association with its
operators.
Certain
services made available via Blog.FranklinGlobalCapital.com are delivered by
third party sites and organizations. By using any product, service or
functionality originating from the Blog.FranklinGlobalCapital.com domain, you
hereby acknowledge and consent that FGC may share such information and data
with any third party with whom FGC has a contractual relationship to provide
the requested product, service or functionality on behalf of
Blog.FranklinGlobalCapital.com users and customers.
Potential Bias
Opinions expressed by the owners of this website may
be partially formed because the owner may have a material connection and may
receive some form of compensation for the product or services referenced.
However, there may be instances where the owner does not have a material
connection and no compensation will be received from recommending a product or
service.
You
should assume that the owners have some material connection to the products and
services referenced on this website or any other 3rd party website on the
internet.
Compensation
Compensation may vary from receiving payments to
complimentary products and services. It should be assumed that the owner of
this website will receive compensation from the referenced product or service
owner after you click any affiliate link displayed. This also applies to email
sent from the owner of this website.
No Unlawful or
Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable,
revocable license to access and use Blog.FranklinGlobalCapital.com strictly in
accordance with these terms of use. As a condition of your use of the Site, you
warrant to FGC that you will not use the Site for any purpose that is unlawful
or prohibited by these Terms. You may not use the Site in any manner which
could damage, disable, overburden, or impair the Site or interfere with any
other party's use and enjoyment of the Site. You may not obtain or attempt to
obtain any materials or information through any means not intentionally made
available or provided for through the Site.
All content included as part of the Service, such as
text, graphics, logos, images, as well as the compilation thereof, and any
software used on the Site, is the property of FGC or its suppliers and
protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other
proprietary notices, legends or other restrictions contained in any such
content and will not make any changes thereto.
You will not modify, publish, transmit, reverse
engineer, participate in the transfer or sale,
create derivative works, or in any way exploit any of the content, in
whole or in part, found on the Site. FGC content is not for resale. Your use of
the Site does not entitle you to make any
unauthorized use of any protected content, and in
particular you will not delete or alter any proprietary rights or attribution
notices in any content. You will use protected content solely for your personal
use, and will make no other use of the content without the express written
permission of FGC and the copyright owner. You agree that you do not acquire
any ownership rights in any protected content. We do not grant you any
licenses, express or implied, to the intellectual property of FGC or our
licensors except as expressly authorized by these Terms.
Use of
Communication Services
The Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars, and/or
other message or communication facilities designed to enable you to communicate
with the public at large or with a group (collectively, "Communication
Services"). You agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the particular
Communication Service.
By way of example, and not as a limitation, you agree
that when using a Communication Service, you will not: defame, abuse, harass,
stalk, threaten or otherwise violate the legal rights (such as rights of
privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information; upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you
own or control the rights thereto or have received all necessary consents;
upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer;
advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages;
conduct or forward surveys, contests, pyramid schemes or chain letters;
download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded; restrict or inhibit any other
user from using and enjoying the Communication Services; violate any code of
conduct or other guidelines which may be applicable for any particular
Communication Service; harvest or otherwise collect information about others,
including e-mail addresses, without their consent; violate any applicable laws or
regulations.
FGC has no obligation to monitor the Communication
Services. However, FGC reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion. FGC
reserves the right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
FGC reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in FGC's sole discretion.
Always use caution when giving out any personally
identifying information about yourself or your children in any Communication
Service. FGC does not control or endorse the content, messages or information
found in any Communication Service and, therefore, FGC specifically disclaims
any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Managers and
hosts are not authorized FGC spokespersons, and their views do not necessarily
reflect those of FGC.
Materials
uploaded to a Communication Service may be subject to posted limitations on
usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you upload the materials.
Materials
Provided to Blog.FranklinGlobalCapital.com or Posted on Any FGC Web Page
FGC does not claim ownership of the materials you
provide to Blog.FranklinGlobalCapital.com (including feedback and suggestions)
or post, upload, input or submit to any FGC Site or our associated services
(collectively "Submissions").
However, by posting, uploading, inputting, providing
or submitting your Submission you are granting FGC, our affiliated companies
and necessary sublicensees permission to use your Submission in connection with
the operation of their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and to publish your
name in connection with your Submission.
No compensation will be paid with respect to the use
of your Submission, as provided herein. FGC is under no obligation to post or
use any Submission you may provide and may remove any Submission at any time in
FGC's sole discretion.
By posting, uploading, inputting, providing or
submitting your Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in this section
including, without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submissions.
Third Party
Accounts
You will be able to connect your FGC account to third
party accounts. By connecting your FGC account to your third party account, you
acknowledge and agree that you are consenting to the continuous release of
information about you to others (in accordance with your privacy settings on
those third party sites). If you do not want information about you to be shared
in this manner, do not use this feature.
International
Users
The
Service is controlled, operated and administered by FGC from our offices within
the USA. If you access the Service from a location outside the USA, you are
responsible for compliance with all local laws. You agree that you will not use
the FGC Content accessed through Blog.FranklinGlobalCapital.com in any country
or in any manner prohibited by any applicable laws, restrictions or
regulations.
Indemnification
You
agree to indemnify, defend and hold harmless FGC, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and
expenses (including reasonable attorney's fees) relating to or arising out of
your use of or inability to use the Site or services, any user postings made by
you, your violation of any terms of this Agreement or your violation of any
rights of a third party, or your violation of any applicable laws, rules or
regulations. FGC reserves the right, at its own cost, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in which
event you will fully cooperate with FGC in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any
dispute between them arising out of or concerning these Terms and Conditions,
or any provisions hereof, whether in contract, tort, or otherwise at law or in
equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single neutral arbitrator and administered by the American
Arbitration Association, or a similar arbitration service selected by the
parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or
arbitration arises out of or concerns these Terms and Conditions, the
prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and Conditions or any disputes arising as a result of
these Terms and Conditions, whether directly or indirectly, including Tort
claims that are a result of these Terms and Conditions. The parties agree that
the Federal Arbitration Act governs the interpretation and enforcement of this
provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration
provision shall survive the termination of these Terms and Conditions.
Class Action
Waiver
Any arbitration under these Terms and Conditions will
take place on an individual basis; class arbitrations and
class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE
AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY
GENERAL ACTION AGAINST THE
OTHER.
Further, unless both you and FGC agree otherwise, the arbitrator may not
consolidate more than one person's claims, and may not otherwise preside over
any form of a representative or class proceeding.
Liability
Disclaimer
THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. FRANKLIN GLOBAL CAPITAL LLC
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY
TIME.
FRANKLIN GLOBAL CAPITAL LLC AND/OR ITS SUPPLIERS MAKE
NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FRANKLIN GLOBAL CAPITAL
LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL FRANKLIN GLOBAL CAPITAL LLC AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FRANKLIN
GLOBAL CAPITAL LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE SITE.
Termination/Access
Restriction
FGC reserves the right, in its sole discretion, to
terminate your access to the Site and the related services or any portion
thereof at any time, without notice. To the maximum extent permitted by law,
this agreement is governed by the laws of the State of Michigan and you hereby
consent to the exclusive jurisdiction and venue of courts in Michigan in all
disputes arising out of or relating to the use of the Site. Use of the Site is
unauthorized in any jurisdiction that does not give effect to all provisions of
these Terms, including, without limitation, this section.
You agree that no joint venture, partnership,
employment, or agency relationship exists between you and FGC as a result of
this agreement or use of the Site. FGC's performance of this agreement is
subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of FGC's right to comply with
governmental, court and law enforcement requests or
requirements relating to your use of the Site or information provided to or
gathered by FGC with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement shall
continue in effect.
Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and FGC with respect to the
Site and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and FGC with
respect to the Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form. It is the express wish to
the parties that this agreement and all related documents be written in
English.
Changes to Terms
FGC reserves the right, in its sole discretion, to
change the Terms under which Blog.FranklinGlobalCapital.com is offered. The
most current version of the Terms will supersede all previous versions. FGC
encourages you to periodically review the Terms to stay informed of our
updates.
Contact Us
FGC
welcomes your questions or comments regarding the Terms:
Franklin Global Capital LLC Michigan
Email
Address: ClientSupport@FranklinGlobalCapital.com
Effective
as of May 29, 2020
