TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITES.

By using the Websites, you signify your consent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Websites. These Terms of Use are effective as of December 1, 2011. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will con­stitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. As used in these Terms of Use, the term “F&M” shall mean and include F&M Holdings, LLC, a Connecticut limited liability company, and its United States based parent entities, owners, divisions, subsidiaries, and all other entities and persons having any direct or indirect ownership affiliation or direct operating affiliation with any of the foregoing; the term “Websites” shall mean all websites registered to or operated by F&M which are directly linked to this Terms of Use URL, including, without limitation, the francinecollections.com and francinecollection.com domains and all sub-domains thereto.

1. USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS: F&M (sometimes referred to as “us” or “we”) provides the Websites and various related services subject to your compli­ance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us (or your company). In addi­tion, when using particular services or materials on the Websites, users shall be subject to any posted guidelines or rules ap­plicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by refer­ence into these Terms of Use. BY COMPLETING THE REGISTRATION PROCESS AND/OR USING ANY OF THE WEBSITES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE WEBSITES NOW. YOUR REMEDY FOR DISSATISFACTION WITH ANY OF THE WEBSITES, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH ANY OF THE WEBSITES, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF ANY OF THE WEBSITES. 

2. DESCRIPTION OF PRODUCTS AND SERVICES: We make various services and products available on the Websites including, but not limited to, F&M products, forums, weblogs, bulletin boards, photographs, graphic images, text, data, user comments, e-commerce and shopping services, opinions, postings, and messages and other similar content (collectively the “services”). Descriptions and images of, and references to, third-party products or services available in connection with the Website(s) do not imply F&M’s endorsement of such third-party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Website(s), are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Website(s) at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Website(s). By placing an order, you represent that the products ordered will be used only in a lawful manner. F&M reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all transaction(s); and/or to refuse to provide any user with any product or service. Refunds and exchanges will be subject to F&M’s refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Website(s), at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions. Fees for the vari­ous services and products are described elsewhere in the Websites. You are solely responsible for providing, at your own expense, all equipment necessary to acquire and/or use the services and products, including a computer, modem, and your own Internet access (including payment of telephone and/or other service fees associated with such access). We reserve the sole right to either modify or discontinue any or all of the Websites, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of or conversion to fee-based services, or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-current services on any of the Websites shall also be subject to these Terms of Use. You understand and agree that temporary interruptions of the services available through any of the Websites may occur as normal events. You further understand and agree that we have no control over third-party networks you may access in the course of the use of any of the Websites, and therefore, delays and disruption of other network transmissions are completely be­yond our control.

 

3. THE FRANCINE WARRANTEE: WE WANT YOU TO ENJOY YOUR FRANCINE COMPUTER BAG. F&M GUARANTEES THAT YOUR PRODUCT WILL BE FREE FROM MANUFACTURING DEFECTS IN MATERIALS AND WORKMANSHIP FOR ONE YEAR AFTER THE DATE OF PURCHASE, SUBJECT TO DAMAGE TO YOUR BAG RESULTING FROM NORMAL WEAR AND TEAR, ACCIDENTS OR MISUSE. IN ORDER TO BE COVERED BY THE FRANCINE WARRANTEE, SIMPLY FILL OUT AND RETURN THE WARRANTEE CARD THAT COMES WITH EACH FRANCINE COLLECTION PRODUCT. F&M’S LIABILITY UNDER THE “FRANCINE WARRANTEE” SHALL BE LIMITED TO EITHER: (A) THE REPAIR OF THE PRODUCT, OR (B) THE REPLACEMENT OF THE PRODUCT WITH ONE OF COMPARABLE VALUE, EACH TO BE DETERMINED IN F&M’S SOLE DISCRETION. YOU ARE RESPONSIBLE FOR THE PAYMENT OF ANY SHIPPING AND HANDLING FEES FOR RETURN OF THE PRODUCT TO F&M AND/OR DELIVERY OF A REPAIRED OR REPLACED PRODUCT TO YOU. IN ACCORDANCE WITH SECTIONS 13 and 14, BELOW, IN NO EVENT SHALL F&M BE LIABLE FOR ANY FURTHER DAMAGES RESULTING THERE FROM. 

 

4. PAYMENT OF FEES: If you purchase any product or services on any or all of the Websites that requires pay­ment of a fee, you agree to pay all fees associated with such product or service. For all charges for products or services on any of the Websites, we will bill your credit card. You represent and warrant that you have the legal right to use any credit card(s) utilized in connection with any transaction. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within 15 days of the change. If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, stop the shipment of any and all products and suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstate­ment of suspended or terminated accounts. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.  

 

5. SHIPPING: F&M’s no charge shipping applies only to ground transportation to most destinations within the contiguous United States (excluding, without limitation, Alaska, Hawaii, Puerto Rico, all US Territories and international locations). Orders ship within 1-3 business days and shipments to the continental United States should arrive within 5-10 business days. Delivery of orders to the Army Post Office, Fleet Post Office, and Diplomatic Post Office addresses are usually made to the US military post office within 5-10 business days. The term shipping or ship includes the commencement of shipping products in an order for multiple purchases or where the product purchased consists of components that must be shipped separately. For example, your order may consist of (a) several different products, (b) a quantity of the same product, or, (c) a single product with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit.  In these instances, our notification to you that your order has “shipped,” marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping. All items purchased from the Websites are made pursuant to a shipment contract, this means that the risk of loss and title for such items pass to you upon tender of the item to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. If you are an international (non-United States) purchaser, you are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. 

 

6 RETURNS: F&M cannot accept a return for any product purchased at a retail store or on-line store other than the Websites, please return all such products to the vendor that you purchased the product from. F&M does accept returns of products purchased on the Websites as follows: (a) returns on “full price” merchandise must be made within 60 days of the shipment date; (b) returns on “sale price” merchandise must be made within 30 days of the shipment date; and (c) “final sale” items are not eligible for a return, refund or credit. In order to process your return, items must be unused, in their original conditions, and tags must be attached in the same manner as when they were received by you. You are responsible for the payment of any shipping and handling fees for return of the product to F&M and/or delivery of a replacement product to you. All product returns must be made according to the process as provided here: Returns

 

7. PERMISSION FOR WEB LINKING: If you desire to link to any of the Websites, you may only link to the home page of such individual Websites, and the link must be in plain text, unless otherwise approved in writing by F&M. Any such link must not damage, dilute or tarnish the goodwill associated with F&M, the Websites and/or any F&M intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with F&M or its Affiliates, and you may not “frame” any of the Websites. You may not link to any of the Websites from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in F&M’s sole discretion. F&M reserves the right, in its sole discretion, to terminate any link from any web site. To request permission to place a link from your web site to any of the Websites, please send your name, address, web site URL, and nature of the web site to the Web Manager with the Contact Information provided in Section 25, below.

 

8. REGISTRATION DATA AND PRIVACY: In order to access some of the services on the Websites, you may require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of any of the Websites, including your Registra­tion Data, is subject to our Privacy Policy, which is specifi­cally incorporated by reference into these Terms of Use. 

 

9. CONDUCT ON SITE: Your use of each of the Websites is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, news­group, software library, or other interactive service that may be available to you on or through a Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content-including text, com­munications, software, images, sounds, data, or other information that: 

 

(a)   Is unlawful, threatening, abusive, harassing, defama­tory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies.

 

(b)   Victimizes, harasses, degrades, or intimidates an in­dividual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disabil­ity.

 

(c)   Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any person or entity.

 

(d)   Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain let­ters, any other form of unauthorized solicitation, or any form of lottery or gambling.

 

(e)   Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other infor­mation of any third party.

 

(f)    Impersonates any person or entity, including any of our employees or representatives.

 

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third­ party users of any of the Websites. We generally do not prescreen, moni­tor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through any of the Websites. However, you acknowledge and agree that (1) we reserve the right (but have no obligation) to evaluate each submission before allowing it to be posted on the Website(s); and (2) we may do one or all of the following, at our discretion: (i) monitor submissions; (ii) alter, remove, or refuse to post or allow to be posted any submission; and/or (iii) disclose any submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Website(s); to protect F&M and its employees, officers, directors, shareholders, affiliates, agents, representatives and third party service providers, and the Website(s) users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms of Use; or for any other reason or purpose. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Intellectual Property Information” below for a description of the procedures to be followed in the event that any party believes that content posted on one of the Websites infringes on any patent, trade­mark, trade secret, copyright, right of publicity, or other pro­prietary right of any party. You may not use your account to breach secu­rity of another account or attempt to gain unauthorized ac­cess to another network or server. Not all areas of the site may be available to you or other authorized users of any of the Websites. You shall not interfere with anyone else’s use and enjoyment of the any of the Websites or other similar services. Users who violate systems or network security may incur criminal or civil liability. You agree that we may at any time, and at our sole discre­tion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at each of the Websites and at any other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

 

10. THIRD-PARTY SITES AND INFORMATION: Any of the Websites may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These third party sites may contain information or material that some people may find inappropriate or offensive. These third party sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the third party site or parties by us, or any warranty of any kind, either express or implied. 

 

11. INTELLECTUAL PROPERTY INFORMATION: For purposes of these Terms of Use, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed or heard by users on any of the Websites. This includes, but is in no way limited to, message boards, chat, and other origi­nal content. By accepting these Terms of Use, you acknowledge and agree that all content presented to you on each of the Websites is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws, and is the sole property of F&M, its Affiliates, and/or its rightful owner, including, without limitation, all content containing the following notice:

 

Copyright 2011 ® FRANCINE

 

You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Websites in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted mate­rial that is available on the Websites. Any unauthorized use of the materials appearing on the Websites may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Websites will not infringe the rights of third parties. “Francine” is a registered trademark of F&M or its Affiliates. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of F&M or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of F&M or its Affiliates. We respect the intellectual property of others, and we ask you to do the same. If you or any user of any of the Websites believes its copyright, trademark, or other property rights have been infringed by a posting on any of the Websites, you or the user should send notification to our Designated Agent (as identified below) immediately. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement is the “DMCA Manager,” and can be reached with the Contact Information provided in Section 25, below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated. You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without li­ability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Of­fice for adjudication as provided in the Digital Millennium Copyright Act.

 

12. USER’S MATERIALS: Subject to our Privacy Policy, any communication or mate­rial that you transmit to any of the Websites or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. By submitting such materials you grant to us and our designated licensees all rights to such material and a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, license, sub-license, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used. Please do not submit confidential or proprietary informa­tion to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance, or else they shall become ours.

 

13. WARRANTIES AND DISCLAIMER OF WARRANTIES: ALL MATERIALS AND SERVICES ON THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OB­TAINED FROM THE USE OF THE SERVICES OR MATE­RIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, (D) THE QUALITY OF ANY SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITES FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS, OR (E) EXCEPT AS SPECIFICALLY PROVIDE BY “THE FRANCINE WARRANTEE” IN SECTION 3, ABOVE, THE QUALITY OF ANY PRODUCTS PURCHASED OR OB­TAINED BY YOU FROM THE WEBSITES FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS. THE WEBSITES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THE WEBSITES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED THEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THE WEBSITES MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. BEFORE PURCHASING PRODUCTS AND SERVICES ON OR THROUGH ANY OF THE WEBSITES, REVIEW SECTION 4, PAYMENT OF FEES. CONTENT AVAILABLE THROUGH THE WEBSITES OFTEN REPRESENTS THE OPINIONS AND JUDGMENTS OF AN INFORMATION PROVIDER, SITE USER, OR OTHER PERSON OR ENTITY. WE DO NOT ENDORSE, NOR ARE WE RESPONSIBLE FOR, THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANYONE OTHER THAN AN AUTHORIZED F&M SPOKESPERSON SPEAKING IN HIS/HER OFFICIAL CAPACITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

14. LIMITATION OF LIABILITY: YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THESE TERMS OF USE AND YOUR USE OF ANY OF THE WEBSITES SHALL BE LIMITED TO THE HIGHER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICES ON THE APPLICABLE WEBSITE DURING THE 12 MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY, OR (B) THE AMOUNT YOU PAID US FOR THE PURCHASE PRODUCTS THROUGH THE WEBSITE DURING THE 3 MONTHS BEFORE THE ACT GIVING RISE TO THE LIABILITY. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY OF THE WEBSITES OR OF ANY SITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH ANY OF THE WEBSITES OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

 

15. INDEMNIFICATION: Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that arise from your use or misuse of any of the Websites and the submission of data or content thereto. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. 

 

16. PARTICIPATION IN PROMOTIONS: From time to time, any one or more of the Websites may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warran­ties, or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion. 

 

17. SECURITY AND PASSWORD: You are solely responsible for maintaining the confidential­ity of your password and account and for any and all state­ments made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your ac­count in the event of any unauthorized transfer or sharing thereof. 

 

18. INTERNATIONAL USE: Although any or all of the Websites may be accessible worldwide, we make no representation that materials on the Websites are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access any of the Websites from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with any of the Websites is void where prohibited. 

 

19. TERMINATION OF USE: You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Websites with or without notice and for any reason, including, without limita­tion, breach of these Terms of Use. Any suspected fraudu­lent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Websites immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or each and every one of the Websites. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 3, 4, 6-15, and 19-24 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination. 

 

20. GOVERNING LAW: Each of the Websites (excluding any linked sites) and its content is controlled by us from our offices within the State of Connecticut, United States of America. They can be accessed from all fifty states, as well as from other countries around the world. As each of these places has laws that may differ from those of Connecticut, by accessing each of the Websites or its content, both of us agree that the statutes and laws of the State of Connecticut, without regard to the conflict of laws principles thereof, and without the application of the United Nations Convention On Contracts For The International Sale Of Goods, will apply to all matters relating to the use of the Websites and the purchase of products and services available through the Websites. Each of us agrees and hereby submits to the sole and exclusive personal jurisdiction and venue of the State of Connecticut Superior Court and the United States Court for the District of Connecticut, each in New Haven County, and no other court, with respect to such matters, Websites and content. 

 

21. NOTICES: All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent in accordance with the Contact Information provided in Section 25, below. Notices to you may be sent either to the e-mail address supplied for your account, the address supplied during your purchase of any products or services, or to the address supplied by you as part of your Registration Data. In addi­tion, we may broadcast notices or messages through any one or more of the Websites to inform you of changes to such Website or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such com­munication (i) on the delivery date if delivered personally to the party; (ii) two business days after deposit with a com­mercial overnight carrier, with written verification of receipt; (iii) five business days after the mailing date, if sent by US mail, return receipt requested; (iv) on the delivery date if transmitted by confirmed facsimile; or (v) on the delivery date if transmitted by confirmed e-mail or by broadcast on one or more of the Websites.

 

22. ENTIRE AGREEMENT: These terms and conditions, read together with the Privacy Policy, constitute the entire agree­ment and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s) unless replaced by F&M. Any attempt by you to alter, supplement, or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, un­less otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with any of the Websites is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. 

 

23. MISCELLANEOUS:  (a) In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred. (b) You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use. (c) You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Websites or the products sold therein. (d) In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through any of the Websites arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our rea­sonable control, whether or not similar to those which are enumerated above. (e) If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as pos­sible, the original intentions of the parties, and the remain­ing portions shall remain in full force and effect. (f) Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.(g) This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company.  

 

24. INFORMATION, COMPLAINTS, FILTERING: Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website(s), please contact us with the Contact Information provided in Section 25, below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that F&M does not endorse any of the products or services listed at such sites.

 

25. CONTACT INFORMATION: Except as explicitly noted on one of the Websites, the products services avail­able through the Websites are offered by F&M, a Connecticut limited liability company, you can contact us at info@francinecollections.com, by telephone at 1-800-297-7772 or you may also contact us by writing to us at: Francine Collections, 47 Flying Point Road, Stony Creek, CT 06405, Attn: Inquiries.