Framkat LP/Framesi North America (“Framesi” or “we” or “our”) owns and operates the framesiprofessional.com site (“Site”) as well the Framesi Professional mobile application (“App”). The following Terms of Use/Legal Notice/Agreement (“TOU”) govern your use of the Site and App. Other sites or content owned or controlled by Framesi may have their own terms of use and should be reviewed.
By using the Site and/or App, including but not limited to, setting up a user account for the Site or App, you agree to be bound by these TOU. If you do not agree to be so bound, you are not authorized to use the Site or App. These TOU are a legal contract between you and Framesi and govern your access to and use of the Site and/or App together with any goods or services offered through the Site and/or App. Your right to use the Site and/or App are limited by applicable federal, state, and local laws and regulations.
Framesi may also offer promotions, sweepstakes, contests, services or features that have their own terms, and to the extent any portion of those special terms conflict with these TOU, the special terms will govern for that specific portion unless otherwise stated. The Site and App are intended for adults 18 years of age or older. By accessing the Site or App, you represent that you are 18 years of age or older.
In accordance with 47 U.S.C. § 230, parents should be aware that there are parental control protections (such as computer hardware, software, or filtering services) that are commercially available and may assist them in limiting access to material that is harmful to minors. Please note that Framesi in no way endorses or is responsible for these services.
The Framesiprofessional.com Site —
The purpose of the Site and App is to provide users with information on Framesi’s products. Other information and services may also be provided on the Site and/or App. There are also areas on the Site where you can sign up for Framesi product update emails, enter sweepstakes, and request free samples of Framesi products.
Information contained on the Site and App is provided for purchasing and informational purposes only. You agree that you will only use the Site and/or App for their intended purposes, and not for other commercial ventures without first seeking approval from Framesi.
By using the Site and/or App, you may need to interact with other users. You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectable, and consistent with these TOU. Framesi is not responsible for the conduct of any other user who may interact with you, regardless of whether or not it is done through the Site and/or App.
Any and all goods and services provided on or through the Site or App are subject to availability. Framesi has no direct control over any user generated content supplied by users of the Site or App, and therefore Framesi is not liable to you or anyone else for any harm or damages you may experience in using and/or relying on any user generated content. While Framesi will try its best to make the content of the Site and/or App useful, Framesi does not warrant that any content on the Site or App will be useful or reliable.
License —
Framesi hereby grants you a revocable and non-exclusive right and license to use and access the Site and/or App (including any underlying software) in a manner that is consistent with the other terms in these TOU and the Site’s or App’s intended purposes. Framesi reserves the right to terminate this license for any or no reason and at any time without notice to you, including, but not limited to, for breach of any term contained in these TOU.
TOU Changes —
Framesi reserves the right to modify these TOU at any time without prior notice. You should visit the Site to review the current TOU from time to time. By using the Site or App subsequent to any modification of these TOU, you agree to be bound by such modification(s). Framesi will highlight any change to these TOU for 30 days after such change(s) is/are made.
Framesi does not represent that any of the content on the Site or App is completely accurate, and therefore any reliance on the Site or App is done at your own risk.
User Generated Content —
The Site and App may allow you to upload, in certain areas, your own user generated content that may include, among other things, photos, audio clips, text, videos, and graphics (“UGC”).
Any UGC you upload/post to the Site and/or App is done on a non-proprietary and non-confidential basis, and you agree that Framesi has a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any UGC for the purpose of operating and/or marketing the Site and/or App or any related goods or services offered on or through the Site and/or App. This license includes any right of publicity rights that may be present in the UGC.
Framesi is not required to treat any UGC as confidential.
You further agree that you will not upload/post to the Site and/or App any UGC that infringes the rights, including but not limited to, intellectual property, privacy, publicity, or contract of some other person or entity. You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any UGC you upload/post.
You further represent and warrant that: (i) you own all right, title, and interest, including the intellectual property rights, to any UGC uploaded/posted by you to the Site and/or App or you have been granted the right by the respective owner to upload/post the UGC; and (ii) your UGC does not violate the intellectual property rights, privacy rights, publicity rights, contract rights or any other rights of any person or entity.
Framesi reserves the right to comply and cooperate with any and all legal requirements, legal authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your UGC. You waive and hold harmless Framesi from any claims resulting from any action taken by Framesi during or as a result of Framesi’s investigation and/or from any actions taken as a consequence of investigations by either Framesi or law enforcement.
Framesi reserves the right to refuse, delete or edit any UGC without cause and without notice for any or no reason including, but not limited to, for any action that Framesi determines is inappropriate or disruptive to the Site and/or App or to any other user of the Site and/or App.
Framesi is under no duty to, and does not represent it will, monitor, edit and/or remove any UGC.
Framesi does not accept unsolicited content or ideas you may attempt to transmit to Framesi directly. As such, we take no responsibility for such transmitted content or ideas. If you do send Framesi unsolicited content or ideas, you agree that Framesi may use such content and ideas in any way Framesi wishes without any compensation to you.
Intellectual and Other Property —
Other than the exceptions referenced in these TOU or noted elsewhere, the major exception being UGC uploaded/posted by Site users which remains the property of the users, all other content on the Site and App is the property of Framesi including, but not limited to, all marks, logos, names, text, data, documents, messages, pictures, images, video, audio, graphics, links, software and its underlying code, domain name, or any other electronic content or files (collectively referred hereafter as “Framesi Content”).
Certain elements of the Site and App, including but not limited to, text, graphics, photos, images, video, audio, color selections and/or website organization and layout, are copyright protected under United States and international copyright laws and treaty provisions. Any Framesi Content protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered without permission, except that you may print out one copy of each Site page solely for non-commercial personal or educational use. No right, title, or interest in any Framesi Content is transferred to you as a result of you accessing, downloading, or printing such Framesi Content from the Site and/or App. Any use of Framesi Content must display the appropriate copyright, trademark and other proprietary notices.
You acknowledge that you have no right, title or interest in or to the Site, App and/or Framesi Content.
FRAMESI PROFESSIONAL and FRAMESI are marks owned by Framesi’s related company, Framesi S.p.A. Other marks, names and logos on the Site and/or App are the property of their respective owners.
There may be other content located on the Site and/or App not owned by Framesi, and you should respect those property rights as well. All rights not expressly granted herein are reserved to Framesi.
Copyright Infringement Notification —
If you believe that any content on the Site or App infringes your copyright and you want the content removed from the Site or App, please send a detailed message (under the Digital Millennium Copyright Act, the following information must be included in the message) to Framesi’s designated agent for notice of claims of copyright infringement:
(i). A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii). Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii). Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Framesi to locate the material.
(iv). Information reasonably sufficient to permit Framesi to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v). A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi). A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Framesi’s Designated Agent can be contacted at :
NAME: Designated Agent
EMAIL: customerservice@framesi-na.com; or
PHONE: 412-269-2950; or
MAIL: Framesi North America / 17 Avenue A / Leetsdale, PA 15056
Framesi takes copyright and other intellectual property issues seriously, and will terminate any accounts for users of the Site or App and related accounts that are connected to valid and repeat copyright infringement complaints.
If you believe that any content on the Site or App violates or infringes your intellectual property rights, other than those related to copyright, please send a detailed email to rgartrell@framesi-na.com detailing your allegation. Framesi takes infringement of intellectual property rights seriously and will investigate the matter.
Product and Service Availability —
The Site and App contain information about Framesi products and other related services. Availability of such products and services may be limited, and therefore no representations or warranties are made by Framesi with respect to the availability of such products or services.
Links to Third Party Sites/Other Site Interaction —
The Site and/or App may contain web links to external sites not controlled and/or affiliated with Framesi. If you use these links, you will leave the Site and/or App. Framesi provides these links to you only as a convenience. Framesi is not responsible for the content at the linked sites, including, without limitation, links displayed on such sites. You access any linked sites at your own risk.
The display of links are not meant to imply that Framesi guarantees, approves, recommends, or endorses the linked sites or any information, content, and/or products/services available on those linked sites. The links are not meant to indicate any association with Framesi. Framesi is not responsible or liable for any linked site nor does Framesi warrant that the linked sites or any goods, services or information on the linked sites are current, accurate or error-free. If you access the linked sites, you will be subject to the terms of use, privacy policies and other policies applicable to those sites. You visit these sites at your own risk and should consult the sites’ policies.
Framesi may also allow interaction between the Site and App and other third party sites such as Facebook, Twitter and other social media sites. This may include “Like” buttons or other interactions through third party buttons or plugins on the Site and/or App that when used, may allow you to share content from the Site and/or App or other content with other persons on or through the third party sites or elsewhere. Please consult the privacy policies of these third party sites to make sure you are comfortable with the level of sharing. Framesi has no control over these third party sites and you use these interaction functions at your own risk. Framesi is in no way liable for any harm to you as a result of using one of these interaction functions.
Other Prohibited Conduct —
In connection with your access and/or use of the Site and/or App, you agree not to:
– Violate (or promote others to violate) any federal, state, or local laws or regulations.
– Upload/post anything that imposes an unreasonable or disproportionately large strain on Framesi’s network or computer infrastructure.
– Upload/post any inappropriate or offensive content or language.
– Engage in any behavior that is designed to hack into or gain unauthorized access to protected areas of the Site and/or App, Framesi’s computers, servers or networks, and/or any computers or systems used by other users of the Site and/or App.
– Discuss, incite or promote illegal activity.
– Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Site or App.
– Upload/post anything or otherwise use the Site and/or App in a manner that could destroy, damage or impair any portion of the Site, App or any computers, systems, hardware, or software used by Framesi or other users of the Site or App.
– Make unauthorized attempts to modify any information stored on the Site and/or App or any computers, systems, hardware, or software used by Framesi.
– Make attempts to defeat or circumvent security features, or to utilize the Site or App for any purpose other than their intended purposes.
– Upload/post any unsolicited or unauthorized advertising or promotional materials, spam emails, chain letters or communications, pyramid schemes, or any other form of such solicitations.
– Provide false or misleading information when signing up for a Site or App account or otherwise upload/post any false or misleading information or content through the Site or App.
– Use the Site and/or App to send spam or unsolicited bulk email.
The previous list of prohibitions is not exclusive. Framesi reserves the right to terminate your access to the Site, App, and/or any related services for any reason.
By accepting these TOU, you waive and hold harmless Framesi from any claims resulting from any action taken by Framesi during or as a result of Framesi’s investigation and/or from any actions taken as a consequence of investigations by either Framesi or law enforcement related to your use of the Site or App.
Indemnity —
You agree to indemnify, defend and hold harmless Framesi, including its officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners (“Indemnified Parties”), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) Framesi or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party related to your use of the Site and/or App, your use of any goods or services offered through the Site and/or App, the use of the Site and/or App by any person using your password, your breach of these TOU, or any violation of applicable law or regulation by you. Your indemnification obligation shall survive the termination of these TOU.
Password/Username Protection —
In order to perform certain actions on the Site and/or App, you may be required to set up a user account with a user name and password. You are responsible for maintaining the confidentiality of your password and user name, and agree to notify Framesi if your password is lost, stolen, disclosed to an unauthorized party, or otherwise may have been compromised. You are responsible for all activities that occur under your user account. You may only set up one user account, and must do so in your own name. You agree to immediately notify Framesi at 412-269-2950 of any unauthorized use of your user account or any other breach of security in relation to the Site or App known to you. If Framesi suspends or terminates your user account under these TOU, you acknowledge that all information and content associated with such account will no longer be available to you.
You may cancel your user account at any time by calling us at 412-269-2950.
Disclaimer of Warranties/Limitation of Liability —
YOUR USE OF THE SITE AND/OR APP ARE AT YOUR OWN RISK.
TO THE EXTENT PERMITTED BY LAW, FRAMESI AND/OR ITS AFFILIATES MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, APP, OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE OR APP.
TO THE EXTENT PERMITTED BY LAW, FRAMESI AND/OR ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SECURITY, COMPLETENESS, TIMELINESS, APPROPRIATENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUSES, TITLE, AND NON-INFRINGEMENT.
TO THE EXTENT PERMITTED BY LAW, THE DISCLAIMER OF WARRANTIES APPLIES TO THE SITE AND APP, THEIR CONTENT, AND ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE OR APP. FRAMESI AND/OR ITS AFFILIATES DO NOT WARRANT THAT THE SITE OR APP FUNCTION CORRECTLY OR THAT CONTENT WILL BE UNINTERRUPTED, TIMELY, OR SECURE.
TO THE EXTENT PERMITTED BY LAW, FRAMESI AND/OR ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE AND/OR APP. TO THE EXTENT PERMITTED BY LAW, FRAMESI AND/OR ITS AFFILIATES DO NOT WARRANT THAT THE SITE AND/OR APP WILL BE ERROR-FREE, THAT ANY ERRORS ON THE SITE OR APP WILL BE CORRECTED, OR THAT THE SITE/SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE EXTENT PERMITTED BY LAW, THE SITE, APP AND RELATED CONTENT, INCLUDING ANY GOODS, SERVICES, OR INFORMATION PROVIDED ON OR THROUGH THE SITE AND/OR APP, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE EXTENT PERMITTED BY LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE, APP OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE AND/OR APP. TO THE EXTENT PERMITTED BY LAW, FRAMESI AND/OR ITS AFFILIATES MAKE NO WARRANTIES THAT YOUR USE OF THE SITE OR APP WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY FOR SUCH INFRINGEMENT.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL FRAMESI OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND/OR BUSINESS PARTNERS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE AND/OR APP, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF FRAMESI AND/OR ANY OF THE AFOREMENTIONED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: (1) THE USE OR INABILITY TO USE THE SITE OR APP OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE OR APP; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE OR APP; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES ON THE SITE OR APP; AND/OR (4) ANY OTHER MATTER RELATING TO THE SITE, APP, OR ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITE, APP AND/OR ANY LINKS ON THE SITE OR APP.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF FRAMESI OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND/OR BUSINESS PARTNERS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE OR APP, TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU PAID TO FRAMESI AND/OR THE AFOREMENTIONED PARTIES FOR THE APPLICABLE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE.
IF YOU ARE DISSATISFIED WITH THE SITE, APP, OR THESE TOU, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR APP.
IF YOU ARE DISSATISFIED WITH ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITE OR APP, TO THE EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR APP.
ALL PROVISIONS IN THESE TOU ARE APPLICABLE TO THE EXTENT PERMITTED BY LAW.
Geographic Limitation —
Framesi operates the Site and App from its headquarters in the United States. The Site and App are intended only for users within the United States. If you use the Site and/or App outside the United States, you are responsible for following your applicable local laws and determining, among other things, whether your use of the Site and/or App violates any of those local laws. By using the Site and/or App, you agree and acknowledge that information about you, including personally identifiable information, may be transmitted to, processed in, and stored in the United States.
Comments & Feedback —
In compliance with your rights under California Civil Code § 1789.3, you have the right to contact Framesi with any complaints or to seek additional information. You may email Framesi at customerservice@framesi-na.com. You may also call 412-269-2950. For any physical documents, you may send mail to Framesi North America / 17 Avenue A / Leetsdale, Pa 15056.
If California users have any questions or complaints about Framesi, they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs through writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired persons may call (916) 928-1227 or (800) 326-2297 via TTY device.
Site Privacy Policy —
Your use of the Site and/or App are also governed by the Site Privacy Policy located at https://www.framesiprofessional.com/privacy-policy/. The Site Privacy Policy is incorporated by reference into these TOU.
Miscellaneous —
You acknowledge that the opinions, recommendations and other content contained on the Site or App are not necessarily those of Framesi nor endorsed by Framesi. ANY RELIANCE ON ANY OPINIONS, RECOMMENDATIONS OR OTHER CONTENT IS DONE AT YOUR OWN RISK.
Framesi is not responsible for any harm or damages of any kind that may occur to you due to any glitches, hacks, breaches or any other unauthorized access to Framesi’s computer or network systems, including any Framesi hardware or devices, that may or may not result in the disclosure of your personal information that you provided to us.
Framesi does not guarantee or promise that any content on the Site or App is completely accurate or helpful to any issue you may have.
YOU AGREE THAT FRAMESI IS NOT LIABLE to you or anyone else for any harm that might arise as a result of using and/or implementing in any manner any of the opinions or recommendations found on the Site or App.
YOU AGREE THAT any and all disputes relating to these TOU, the Site, App, and/or any goods or services offered on or through the Site or App, are governed by, and will be interpreted in accordance with, the laws of the Commonwealth of Pennsylvania, without regard to any conflict of laws provisions.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT TO submit to the exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania (USA) for any litigation arising out of or relating to these TOU or the use of the Site or App.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT TO waive any objection to the venue of any such litigation in the Commonwealth of Pennsylvania courts.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE not to plead or claim in any Commonwealth of Pennsylvania court that such litigation brought therein has been brought in an inconvenient forum.
If any part of these TOU is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these TOU, all of which will remain in full force and effect to the extent permitted by law.
Unless otherwise noted, these TOU constitute the entire agreement of the parties with respect to the Site and App and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and Framesi with respect to the Site and App.
If you violate any portion of these TOU, Framesi reserves the right, without an obligation to do so, to deny you access to the Site or App and/or remove any UGC you may have posted/uploaded on the Site or App. If Framesi terminates your access to the Site or App, Framesi may also delete your user account. Framesi has the right to terminate any password-restricted account for any reason.
Framesi’s failure to enforce any portion of these TOU is not a waiver of such portion.
The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after this TOU/Agreement ends shall survive the termination of these TOU.
Framesi reserves the right, without notice and/or reason, to take down or terminate the Site or App or otherwise revoke any and all access granted to you related to the Site and/or App. You agree that Framesi is not liable to you or any other third party for this action.
Framesi does not assume any liability or responsibility for your use of the Internet or the Site or App, including, but not limited to, any change your computer or related systems may sustain as a result of accessing the Site or App.
Certain software elements of the Site or App may be subject to U.S. export laws and controls. As such, no software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.
If you need to contact Framesi for any reason not already specified in these TOU, please use the following contact information:
EMAIL: customerservice@framesi-na.com; or
PHONE: 412-269-2950; or
MAIL: Framesi North America / 17 Avenue A / Leetsdale, Pa 15056
