Users of Frankel & Giles’ Site assume all risks. Frankel & Giles’ Site and its Contents may not be current, complete, accurate or adequate. Users should verify the accuracy, completeness, applicability and adequacy of all Contents contained in Frankel & Giles’ Site before relying on it. Frankel & Giles makes no warranties or representations as to Frankel & Giles’ Site Contents accuracy, unavailability, completeness or timeliness. Frankel & Giles specifically disclaims any liability or responsibility for any errors and/or omissions in the Contents on its Site. Frankel & Giles hereby disclaims any duty or obligation to provide any content updates.
Frankel & Giles will not accept any unsolicited proposals or work product. The submission or transmission of unsolicited concepts, ideas, artwork, creative, business or marketing strategies, or any other materials from Frankel & Giles’ Site Users will be considered non-confidential and non-proprietary. Frankel & Giles’ Site Users that send such unsolicited communication to Frankel & Giles consent that Frankel & Giles may use such communication materials for any and all commercial or non-commercial purposes without compensation, obligation or recognition of any kind to said User.
The User is prohibited from communicating with Frankel & Giles through a posting, email, form, submission or other transmission from or to Frankel & Giles’ Site in which any portion of the communication is unlawful, obscene, pornographic, libelous, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties.
Frankel & Giles’ Site users are further prohibited to communicating through a posting, email, form, submission or other transmission from or to Frankel & Giles’ Site in which any portion of the communication consists of or contains software viruses, chain letters, political campaigning, commercial solicitation, mass mailings, or any form of "spam." Users may not use a false e-mail address, impersonate any person or entity, or otherwise mislead Frankel & Giles as to the location of the communication or content.
No permission is hereby granted to any User to link from any other Web site to any portion of this Frankel & Giles Site or to frame any content contained on this Site without Frankel & Giles’ prior written permission.
INTELLECTUAL PROPERTY
Frankel & Giles’ Site text, graphics, images, logos, button icons, downloads, contact forms, screens, computer code, video, audio, animation, software, the overall design of this Site, selection, arrangement and presentation of all materials of whatever kind on the Frankel & Giles Site (the “Contents”) are owned and copyrighted by Frankel & Giles and/or other parties. The Frankel & Giles Site Contents may also contain or reference trademarks, products, logos, copyrights, patents, trade secrets, technologies, processes or other proprietary rights of third parties ("Intellectual Property"). All such Intellectual Property is the property of its respective owner, which may be Frankel & Giles and/or other parties. Except as otherwise expressly stated herein, Users are not granted any license to use, or right in, any such Intellectual Property. Nothing in these Terms and Conditions shall be deemed to grant to User or any other user any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of Frankel & Giles.
PRIVACY
Use of the Frankel & Giles Site constitutes the acceptance of Frankel & Giles’ Privacy Policy, which is incorporated by reference into these Terms and Conditions. Please review Frankel & Giles’ Privacy Policy
CHILDREN’S INFORMATION
In compliance with the Children’s Online Privacy Protection Act,
15 U.S.C. §§ 6501-6506 and 16 C.F.R. §§ 312.1-312.12,
Frankel & Giles does not permit children under 13 years of age to
become Users of the Frankel & Giles Site. By using the Site, User
represents that User is not under 13 years of age.
MODIFICATION OF THE TERMS AND CONDITIONS
Users are responsible for periodically reviewing Frankel & Giles’
Terms and Conditions. Users continued use of the Frankel & Giles Site
will be deemed an acceptance of Frankel & Giles’ Terms and Conditions
then in effect. Frankel & Giles may, in its sole discretion, make
changes at any time to the Site or these Terms and Conditions. Any modifications
to these Terms and Conditions will be effective upon posting. User’s
continued use of the Site following posting of any revised Terms and Conditions
will constitute acceptance of the modified Terms and Conditions.
UNAUTHORIZED USE OF THE SITE
Frankel & Giles reserves the right to investigate and take legal action
against any illegal and/or unauthorized use of the Site, including but
not limited to, action that imposes an unreasonable load on the Site.
Frankel & Giles’ decision not to pursue legal action for any
violation of the Terms and Conditions shall not be construed as a waiver
of the Terms and Conditions or Frankel & Giles’ legal rights.
In the event that any provision of Frankel & Giles’ Site Terms
and Conditions is determined to be unenforceable or invalid, such provision
shall nonetheless be enforced to the fullest extent permitted by applicable
law, and such determination shall not affect the validity and enforceability
of any other remaining provisions.
THIRD PARTY WEB SITES
Frankel & Giles may display on this Site links to third party sites.
Frankel & Giles is not responsible for the contents of such links,
or other materials relating to such linked sites, or any link contained
in a linked site. The display of any link does not imply endorsement by
Frankel & Giles of the linked site. IN NO EVENT WILL FRANKEL &
GILES BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS
ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY
LINKED THIRD PARTY SITE OR ANY LINK CONTAINED IN A LINKED SITE,
PROMOTIONAL MAILINGS AND NEWSLETTERS
Users agree to receive occasional promotional mailings and e-mail newsletters relating to Frankel & Giles. To opt-out of receiving such promotional mailings and e-mail newsletters, Users should contact Frankel & Giles at info@frankelgiles.com
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL FRANKEL & GILES OR ITS EMPLOYEES, CLIENTS, PARTNERS OR VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF: THE USE OF OR INABILITY TO USE THE FRANKEL & GILES SITE AND CONTENTS; INTERRUPTIONS IN AVAILABILITY; LOSS OF INFORMATION; VIRUSES THAT MAY INFECT USERS’ COMPUTER EQUIPMENT OR OTHER PROPERTY; UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS OR DATA; SITE DEFECTS; STATEMENT OR CONDUCT OR ANY THIRD PARTY ON THE FRANKEL & GILES SITE; OR ANY OTHER MATTER RELATING TO THE FRANKEL & GILES SITE EVEN IF FRANKEL & GILES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FRANKEL & GILES SITE AND ALL THE MATERIALS CONTAINED HEREIN ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER, AND FRANKEL & GILES, HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
GOVERNING LAW
Frankel & Giles is located in the United States in the City of Chicago, Cook County, Illinois. The laws of the State of Illinois will govern these Terms and Conditions, without giving effect to any principles of conflicts of laws. User agrees that any action arising out of the Terms and Conditions or User’s use of this Site shall be brought in state or federal court in Chicago, Illinois, and User consents to the jurisdiction of such courts.
MISCELLANEOUS
Frankel & Giles is located in the United States and is intended for
use within the United States. Frankel & Giles makes no representation
that the Site and its Contents are appropriate or available for use in
other locations. Users who choose to access the Site from other locations
do so on their own initiative and are responsible for compliance with
applicable local laws. Users may not use or export the Site or its Contents
in violation of United States export laws and regulations.
User may not assign or otherwise transfer these Terms and Conditions or
any rights or obligations hereunder. Frankel & Giles’ failure
to act on any breach of any provision hereof shall not be construed as
a waiver of the enforcement of any provision unless Frankel & Giles
agrees to such waiver in writing.
If any part of these Terms and Conditions is deemed unlawful, void or
unenforceable, that part will be deemed severable and will not affect
the validity or enforceability of remaining provisions. These Terms and
Conditions set forth the entire understanding between User and Frankel
& Giles with respect to the subject matter hereof and supersede any
prior or contemporaneous communications, representations, or agreements,
whether oral or written, between User and Frankel & Giles with respect
to such subject matter.
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