Terms of Use

1. Effective Date and Date Last Modified

April 3, 2017

2. Welcome

Welcome to the website https://ws.frankefs.com/b2c.  PLEASE READ THESE TERMS OF USE CAREFULLY.  BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST EXIT THIS WEBSITE IMMEDIATELY AND DISCONTINUE ANY USE OF THIS WEBSITE.

3. Changes to Terms of Use

These Terms of Use between you and Franke Kitchen Systems, LLC ("Company") govern your access to this website ("Site"), and to the information, Services (defined below) and  Products (defined below) available at the Site.  Your use of the Site or the information, Products or Services available at the Site signifies your acceptance of these Terms of Use, and constitutes a legally binding agreement between you and Company.  For purposes of these Terms of Use, "Services" means, collectively, [insert description] and other services provided by Company or its third party service providers through the Site; and "Products" means, collectively, the products offered through the Site and other materials and products provided by Company or its third party product suppliers through the Site.  Also, you are subject to any additional terms and conditions posted in connection with particular information, Products or Services (collectively, "Additional Terms") available through this Site. “Terms of Use” shall be understood to include “Additional Terms.”  Company may modify these Terms of Use at any time, and will post the modified Terms of Use on this Site.  Any modification is effective immediately upon posting.  Your continued use of the Site or the information, Products or Services available at the Site, will be conclusively deemed to signify your acceptance of such modifications

4. Prices and Orders

Prices and other terms pertaining to orders are as stated on the Site at the time of purchase.

5. Trademarks

FRANKE® is a registered trademark of Franke Technology and Trademark LTD ("Company Mark"). All other trademarks or registered trademarks appearing on the Site are the property of their respective owners. The Company Mark may be used only with permission and may not be used in connection with any product or service other than those of the Company, and may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company or the Site. You gain no right to use the Company Mark or any other Company marks or those of any other entity by virtue of your use of this Site.

6. Site Access and User Accounts

If you choose to register with the Site, you will be asked to provide certain information, including certain personally identifiable information (“Personal Information”). You agree that the information you provide shall be truthful, you will not submit information which is false and you will not impersonate any third party in providing such information. We will handle any Personal Information which you provide to us in accordance with the terms of our Privacy Policy. You are not required to provide any Personal Information to us, but that may limit your ability to access and use certain resources available on our Site.

If you choose, or are provided with, a user name, password, or any other security codes or questions (“User Codes”) as part of our security procedures, you agree to keep the User Codes strictly confidential and not to disclose the User Codes to any other person. We ask that you immediately notify us if you become aware of any unauthorized access to or use of your User Codes or any other actual or potential breach of security. You should use particular caution when accessing your account from a public or shared electronic device so that others may not view or record your User Codes or Personal Information. We reserve the right to suspend or terminate any User Codes at any time in our sole discretion and for any reason, including for any violation of these Terms of Use.

7. Ownership and Use of Content

This Site contains copyrighted material, trademarks and other proprietary material belonging to Company, its licensors and others, including, but not limited to, text, data, photos, graphics and other images, software, specifications, audio and video files, and the Products and the Services (collectively, “Proprietary Material”) that are protected by patent, copyright, trademark and other intellectual property laws.  You should assume that everything you see or read and everything available on this Site is Proprietary Material owned by Company and protected by these laws. 

You shall not use, copy, reproduce, distribute, modify, adapt, create derivative works of, display, publicly perform, transmit, broadcast, sell, license or in any way exploit the Proprietary Material, in whole or in part, without the advance written consent of Company. 

8. Third Party Content

Company does not endorse or guarantee the accuracy, reliability or appropriateness of any opinion, statement, information or material displayed or distributed through this Site by third parties.  You acknowledge that by using this Site you may be exposed to information that is inaccurate or unreliable or material you find objectionable, and in this respect your use of the Site and your reliance upon any such third party material is at your own risk.  Company will have no responsibility for the conduct, on-line or off-line, of any user of this Site and no obligation to monitor use of the Site.  However, we reserve the right to review any User Content, and remove, delete, redact or otherwise modify such User Content in our sole discretion, at any time, without notice or other obligation to you.  Company reserves the right to disclose, at any time, any User Content that Company deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute resolution process or government request.

9. User Submissions

By submitting, uploading or transmitting any articles, survey or poll responses, curricula, lesson plans, programs, ideas, feedback or other posts, information, questions, suggestions, submissions or other materials (“User Content”) to the Site, you represent and warrant that you own or have all rights necessary to submit, upload or transmit such User Content and otherwise use it for your intended purpose.  You hereby grant Company a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, unrestricted license to use, copy, reproduce, distribute, sub-license, modify, edit, adapt, translate, create derivative works of, publicly perform or display, transmit, broadcast or otherwise exploit all or any portion of your User Content, for any purpose, in any and all media now known or later developed, and to publish your screen name in connection with your User Content.  You waive all rights to any claim against Company for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights and rights of attribution in connection with the User Content, and you acknowledge and agree that you are not entitled to receive any compensation for any User Content you submit, upload or transmit in connection with this Site.

10. Posting on the Site

Users are prohibited from:

Posting or transmitting to or from this Site any unlawful, fraudulent, threatening, libelous, defamatory, obscene, scandalous, inflammatory, objectionable, abusive, pornographic, or profane content, or any other content that could give rise to any civil or criminal liability as determined in the sole discretion of Company.

Posting any content that is confidential, proprietary, invades the privacy or publicity rights of others or violates the Intellectual Property Rights of any third party. You agree to indemnify the Company for any and all damages resulting from your User Submissions that violate these Terms of Use. The Company reserves the right to prohibit further User Submissions by any user for violation of these Terms of Use. 

11. Prohibited Uses of the Site

The Site is provided solely as a convenience to you.  You agree that you will not:

a.         access or attempt to access any systems or servers on which the Site is hosted, or modify or alter the Site in any way;

b.         submit, display or transmit any images, photographs, graphics, links, audio files, video files or similar User Content with the intent to interrupt, limit or otherwise impact the performance of the Site;

c.         submit, display or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters or pyramid schemes;

d.         forge headers, misrepresent your identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Content transmitted to or via the Site;

e.         use the Site or the Services to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including, without limitation, rights of privacy or publicity;

f.          publish, post, display or disseminate any User Content that is, or offer, sell, broker, purchase or seek any products or services that are, profane, obscene, pornographic, indecent, unlawful, threatening, or that promote racism, bigotry, hatred or physical harm of any kind against any group or individual, or are otherwise offensive or objectionable;

g.         collect, store, publish, post, sell, transmit or disclose personal data about other  users of the Site unless expressly authorized by such other users to do so;

h.         upload or otherwise transmit files that contain viruses, worms, Trojan horses, spyware, adware, sniffers, corrupted files or other computer code designed to interrupt, destroy or limit the functionality of any computer hardware, software or telecommunications equipment;

i.          restrict or prevent any other user of the Site from using the Site; or

j.          violate any applicable state, national or international law or regulation.

12. Copyright Law Violations

We expect users of this Site to respect the intellectual property rights of others.  We may remove material that appears in our sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer.  If you believe a work protected by a U.S. copyright you own has been posted on this Site without authorization, you may notify our copyright agent, and provide the following information: 

a.         A physical or electronic signature of the person authorized to act on behalf of the copyright owner;

b.         Identification of the copyrighted work or works claimed to have been infringed;

c.         A detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears;

d.         Your name, mailing address, telephone number and e-mail address;

e.         A statement by you that you believe in good faith that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law; and

f.          A statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.

To notify Company of claimed copyright infringement, please contact: 

KS.Marketingservices.US@Franke.com

13. Links To Other Web Sites

This Site may contain links to websites operated by others.  Such links are provided solely as a convenience to you.  Company does not control such websites and is not responsible for the content, products or services offered through such websites.  Company's inclusion of links to websites operated by others does not imply sponsorship, affiliation or endorsement of such websites, or the content, products or services offered through such websites, or of any company or person.  If you link to another website, you do so at your own risk, and you will be subject to the terms of use and the privacy policy of such website.

14. "AS-IS" Content/Warranty Disclaimers

THE SITE AND ALL PRODUCTS AND SERVICES AVAILABLE AT THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY OF ANY KIND EXCEPT FOR THE LIMITED PRODUCT WARRANTIES DESCRIBED IN SECTION 15.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE AND THE PRODUCTS AND SERVICES AVAILABLE AT THIS SITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS OR OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE.  IN ADDITION, COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE IS COMPLETELY SECURE.

15. Product Warranties

A copy of applicable product warranties are provided online at the time of purchase and/or with delivery of purchased products. 

16. Limitation of Liability; Consequential Damages Exclusion

NEITHER COMPANY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR THIRD PARTY PARTNERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE, THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITE, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE, OR ANY LOSS, BUSINESS INTERRUPTION OR OTHER DAMAGE SUSTAINED IN CONNECTION WITH YOUR USE OF THE SITE OR THE PRODUCTS OR SERVICES AVAILABLE AT THE SITE.  WITHOUT LIMITING THE FOREGOING, COMPANY'S LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE OR THE PRODUCTS OR SERVICES AVAILABLE AT THE SITE SHALL BE LIMITED TO THE PURCHASE PRICE PAID BY YOU FOR THE PRODUCT(S) GIVING RISE TO LIABILITY. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY

17. Indemnification

You agree, at your expense, to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, suppliers, licensors and third party partners from and against all claims, losses, expenses, damages and costs (collectively, "Damages"), including reasonable attorneys' fees, arising out of your use of this Site, including, but not limited to, the unauthorized use of your id or password, material (including, without limitation, the User Content) you access, download, submit, post, transmit or make available through this Site, your violation of these Terms of Use, any business or other transaction between you and another Member of this Site and your violation of any rights of a third party.

18. Privacy Policy

For information on our data and information collection and use practices, please read our Privacy Policy located at https://www.franke.com/corporate/us/en/general/privacy-policy.html.   You acknowledge and understand that Company’s use of the data we collect and your personally identifiable information will be in accordance with the Privacy Policy.

19. Applicable Law

Except as provided in the second sentence of Section 20, all litigation, arbitration, mediation and other proceedings initiated in connection with the Site, the Products or Services will be venued exclusively in the State of Delaware, USA.  These Terms of Use and the relationship between you and Company will be governed by the laws of the State of Delaware, USA, without giving effect to principles of conflict of laws of any jurisdiction. 

20. Dispute Resolution

In the event of any controversy, dispute or claim arising out of or related to your use of the Site, the Products or Services, the dispute will be resolved exclusively by binding arbitration in accordance with the then-current Commercial Rules of the American Arbitration Association.  However, Company will have the right to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use of the Site or for any other matter where Company believes it is being or will be irreparably harmed by your act, error or omission.

In the event that you have a dispute with one or more users of the Site, you hereby irrevocably release Company and its directors, officers, employees, agents, affiliates, subsidiaries, successors and assigns from any claims, demands or damages, direct, indirect, consequential or otherwise, of any kind, known or unknown, disclosed and undisclosed, arising out of, related to or in connection with any such dispute. If you are a California resident, you hereby waive California Civil Code § 1542, which states that "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

21. General

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable under applicable law, then the invalid, illegal or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms of Use, or your use of the Site, the Products or the Services.  These Terms of Use, the Additional Terms and our Privacy Policy constitute the entire agreement between you and Company with respect to the Site, the Products and the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Site, the Products and the Services.  In the event of a conflict between these Terms of Use and the terms and conditions of any of the foregoing, the Additional Terms shall control with respect to their subject matter.  The Section titles in these Terms of Use are for convenience only and have no legal or contractual effect.  A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form