PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.  BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.

 

You acknowledge that Franklin Capital Group, LLC (together with its affiliates, “Franklin”) may disclose and transfer any information that you provide through this Website to (i) any company within the Franklin group, its affiliates, agents, financing sources, investors, officers, employees, directors, advisors or information providers; (iii) to any other person or entity with your consent; or (iv) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. 

The information on this Website is for information purposes only.  It is believed to be reliable, but Franklin does not warrant its completeness, timeliness or accuracy. The information and materials contained in this Website and the terms and conditions of the access to and use of such information and materials are subject to change without notice. 

The information on the Website is not intended as an offer or solicitation for the purchase of any security or any financial instrument. Furthermore, nothing on the Website constitutes a commitment to provide any financing or other services.  Final definitive documentation for any financing or other service that may be provided will contain such other terms and provisions customary for similar financing arrangements or services.  

While certain testimonials and success stories may be provided on this Website, each business and financing is unique, and accordingly, you should not assume that Franklin will be able to make available any financing or assist your company in achieving similar success (or any success at all).  The potential for Franklin to provide financing to your company, if at all, and the terms and nature thereof, will depend on many factors, including but not limited to Franklin’s overall satisfaction with the results of its business and legal diligence.  

You agree that you will not engage in any activities related to the Website that are contrary to applicable law, regulation or the terms of any agreements you may have with Franklin.

[Links to others Websites are provided solely as pointers to information on topics that may be useful to you, and Franklin has no control over the content on such other Websites. If you choose to link to a Website not controlled by Franklin, Franklin makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does Franklin warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Franklin does not guarantee the authenticity of documents on the Internet. Links to other Websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites.]

LIMITATION OF LIABILITY

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED “AS IS” “AS AVAILABLE”. FRANKLIN AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. FRANKLIN AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, FRANKLIN WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL FRANKLIN BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND FRANKLIN’S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.

FRANKLIN AND THIRD PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. 

UNDER NO CIRCUMSTANCES WILL FRANKLIN BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER FRANKLIN HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

Enforceability and Governing Law

In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with Franklin. The user’s access to and use of this Website, and the terms of this disclaimer are governed by the laws of the State of Michigan.