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Conditions of Use

Welcome to Francoliusa.com. Services to you are subject to the following conditions. If you visit or shop at  Francoliusa.com, you accept these conditions. Please read them carefully.


ELECTRONIC COMMUNICATIONS

When you visit Francoliusa.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically 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.  Francoliusa.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other communications; and submit suggestions, ideas, comments, questions, or other information. However, as long the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties. Other restrictions include content that is objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Francoliusa.com reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

 
If you do post content or submit material, and unless we indicate otherwise. You grant Francoliusa.com a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Francoliusa.com and its affiliates and sub-licensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post.  That the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Francoliusa.com for all claims resulting from content you supply. Francoliusa.com has the right but not the obligation to monitor and edit or remove any activity or content. Francoliusa.com takes no responsibility and assumes no liability for any content posted by you or any third party.

 

PRODUCT DESCRIPTIONS

Francoliusa.com and its affiliates attempt to be as accurate as possible. However, Francoliusa.com does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product listed itself is not as described, your sole remedy is to return it in unused condition.


OTHER BUSINESSES

Parties other than Francoliusa.com and its distributors, provide services or sell product lines on other sites. Also, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Francoliusa.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.


DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site is provided by francoliusa.com on an "as is" and "as available" basis. Francoliusa.com makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, francoliusa.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Francoliusa.com does not warrant that this site, its servers, or e-mail sent from francoliusa.com are free of viruses or other harmful components. Francoliusa.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

 

Indemnification:

Buyer agrees to indemnify, defend, and hold harmless Francoliusa.com, and its affiliated companies, their officers, directors, employees, agents, and their successors and assigns, from all claims, demands, expenses (including reasonable attorneys’ and consultants’ fees), liabilities, penalties, costs, causes of action, enforcement procedures, and suits of any kind or nature (hereinafter “Claims”), of which Francoliusa may from now on incur as a result of Buyer’s breach of this Agreement, or performance of its obligations under the Agreement, or its or non-compliance with any laws and regulations applicable to the transportation of Francoliusa’s shipments, whether such action brought by a governmental agency or other person or entity.

 

APPLICABLE LAW

By visiting Francoliusa.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Francoliusa.com.

 

DISPUTES

Any dispute relating in any way to your visit to Francoliusa.com, shall be submitted to confidential arbitration in Orange County, California, except that, to the extent you have in any manner violated or threatened to violate Francoliusa.com's intellectual property rights, Francoliusa.com may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue of such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

These policies also govern your visit to Francoliusa.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.