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Franwell,
Inc. Web Site Policy
Franwell
does not use any behind-the-scenes code to collect data from or track
visitors to any of our Web pages. Currently, there is no registration required to access
our online information, nor are there forms to submit that utilize the
exchange of information. Therefore, you can be assured that your visit
to www.franwell.com or www.agware.com is as private as the security of
your own PC. Unless you are on a network that logs user actions, or you
have software installed to trace all keyboard events, you are an anonymous
visitor.
The only communication we
have with Web visitors is by telephone or e-mail. The information you
provide to Franwell about yourself and/or your company is absolutely
confidential to Franwell and we do not share information with any third
party agent unless requested by you. If a business relationship is pursued,
a mutually beneficial NDA is legally contracted.
At some point we do foresee
putting online registration forms in place to allow access to privileged
information. In that event, the contact information received from Web
site visitors remains private and confidential. Under no circumstances
would we consider selling contact lists.
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Privacy
Policy
Your
privacy on the Internet is important to us at Franwell. We feel you
should understand the use of that information. There may be certain
areas on agware.com or franwell.com that require information from you,
either voluntarily or involuntarily. (Although the following items
may not be in use currently, we reserve the right to implement and
maintain them according to Franwell, Inc. guidelines.)
1.
Registration
All
registration data gathered at franwell.com or agware.com is used only
by Franwell, Inc. for sales, marketing, and customer service.
2.
Forums, Knowledge Base and Chat Rooms
All
data that is supplied by Franwell, Inc. and our users is for our customers
and potential customers of Franwell, Inc. This data is used to improve
our products as well as to provide ongoing information to improve the
user's knowledge of our products. Franwell, Inc. neither shares nor
sells our customer database with any other business or outside interest.
3.
Trading Boards
All
data that users provide on our trading board is in the public domain
and thus is not private.
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Terms
of Service
This
Terms of Service ("this Agreement") is made and entered into as
of the date of use, by and between Franwell, Inc. ("franwell.com" and "agware.com")
and you ("the user"). Although we may not currently utilize discussion,
chat, forums, or product/equipment advertisements, in the event
that we may at some point in time do so, Franwell has established
terms of service regarding use of our Franwell and Agware Web sites
as follows:
I. Support
A.
Forums , Chat Rooms and Trading Boards
Franwell,
Inc. ("franwell.com" and "agware.com") and its employees
are under no obligation to monitor or review discussions, chats,
postings, transmissions, and messages.
Franwell,
Inc. and its employees do not control the information available in
the chat room or forums and Trading Boards. Any opinions, advice,
statements, services, offers or other information or content presented
or disseminated in any forum or in any chat room or in any Trading
Boards are those of the respective authors who are solely liable
for their content. Franwell, Inc. and its employees reserve the right,
in their sole discretion, to edit or remove any material from its
web site including materials from its forums, chat rooms and trading
boards.
B.
Rules of online behavior
1.
You are prohibited from posting any unlawful, libelous, threatening,
abusive, disruptive, or obscene material or message that would violate
the rights of any person or constitute a criminal offense, or otherwise
violate any local, state, national, or international law.
2.
You are prohibited from uploading or reproducing any information
protected by copyright without obtaining permission of the copyright
owner. Only public domain files, and files in which the author has
given you express consent to copy and redistribute online or otherwise,
may be uploaded agware.com, including any software files or libraries.
3.
Information and materials which you find published on agware.com
may be the property of Franwell, Inc. or an Information Provider,
and may be protected by copyright or may contain protected trademarks.
You may not copy, redistribute or commercially exploit such materials
without the express written permission of the owner(s) of such information
or materials.
4.
Franwell, Inc. may terminate your postings of any kind if it believes,
in its sole discretion, that you have violated any of the Rules of
Online Behavior.
5.
Franwell, Inc. has designated an agent to receive notifications of
claimed infringement by any material located on the agware.com Web
site. If you wish to notify Franwell, Inc. of any such claimed infringement.
Contact us by telephone (813)752-7952,
or send mail to P.O. Box 3117, Plant City, FL 33564-3117. Specific
e-mail addresses may be provided upon request.
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II. Representations,
Warranties and Acknowledgment
A.
You warrant that all material that you submit for publication or
posting on agware.com will not violate or infringe any copyright,
trademark, patent, statutory, common law or proprietary rights of
others, or contain anything obscene or libelous. By submitting information
or materials owned by you for publication or posting on, or distribution
through, agware.com, you will be deemed to have granted agware.com
non-exclusive permission to redistribute by transmission the information
or materials worldwide without charge or liability. Franwell, Inc.
reserves the right, in its sole discretion, but is under no obligation,
to refuse to post, delete or edit information that you submit or
enter onto agware.com, including but not limited to electronic message
boards, databases, and software libraries. You agree that you will
not hold, nor seek to hold, Franwell, Inc. liable for the loss of
data or the misappropriation or infringement of any intellectual
property right to which you claim ownership.
B.
If ordering merchandise and/or services from anyone other than Franwell,
Inc., through any commercial service accessible via agware.com, all
transaction terms including but not limited to purchase terms, payment
terms, warranties, guarantees, maintenance, and delivery, are solely
between you and the seller of the merchandise or services. Franwell,
Inc. makes no warranties or representations whatsoever with regard
to any goods or services provided by the seller of the merchandise
or services and shall not be liable for the costs or damages arising,
either directly or indirectly, from the products or services or fro
the actions or inactions of the Seller.
C.
THE Franwell, Inc. WEB SITE "AGWARE.COM FORUMS, CHAT ROOMS, TRADING
BOARDS ("SERVICES") OR ANY OTHER SERVICE IS PROVIDED ON AN "AS IS,
AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, ARE MADE WITH RESPECT TO AGWARE.COM OR ANY INFORMATION OR
SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL
THESE SERVICES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE AGWARE.COM.
NOR SHALL AGWARE.COM BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT
RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES,
ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE
OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND AGWARE.COM'S
REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS
LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO AGWARE.COM
RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL AGWARE.COM'S TOTAL
LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE
AGGREGATE DOLLAR AMOUNT PAID UNDER THE AGREEMENT. SOME STATES DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
D.
You acknowledge that agware.com has the right to archive or delete
any of your materials or services which are older than ninety days
(90).
E.
You agree to indemnify and hold Franwell, Inc., its parents, subsidiaries,
officers and employees, harmless from any claims and expenses, including
reasonable attorney's fees, related to your violation of this Agreement,
including any abusive or unlawful behavior on the part of you or
your dependents, or the infringement of any intellectual property
or privacy right of any person.
F.
This Agreement will remain in effect until either party elects to
terminate by discontinuing the use of agware.com and removing all
materials and services displayed.
G.
This Agreement will be governed by and construed in accordance with
the Laws of the State of Florida.
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