PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND FRAMEWORK.
Acceptance of these Terms.
To access and use certain features of the Services, you may be required to register with Framework through a login/registration page, and you must agree to be bound by any additional applicable terms and conditions contained there.
Collection of Your Information.
Changes to these Terms.
All software, technology, and content included in the Services or used in the operation of the Services, such as text, graphics, logos, button icons, images, audio and/or visual clips, course content, and Applications (as defined below) is the owned or licensed property of Framework or its software, technology, and content suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content in the Services is the exclusive property of Framework and protected by U.S. and international copyright laws. Subject to your compliance with these Terms, Framework grants you a limited, non- exclusive, non-sublicensable, revocable, non-transferable license to access and use any content, information, and related materials that may be available in the Services, for your personal, internal, and noncommercial use of the Services in accordance with the guidelines, instructions, and limitations described in these Terms and the Services. Any rights not expressly granted herein are reserved by Framework and its suppliers. The Services and all rights therein are and shall remain Framework’s property or the property of Framework’s suppliers.
The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks“) used and displayed in the Services are registered and unregistered Trademarks of Framework and others. Nothing in the Services shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed in the Services, without the prior written permission of the Trademark owner. Other product and company names mentioned in the Services may be the Trademarks of their respective owners.
Other Intellectual Property.
All other intellectual property rights related to the software, technology, and content included in the Services or used in the operation of the Services, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Framework. Any use of these rights without the prior written permission of Framework is strictly prohibited.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Framework; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
The Services may include mobile applications and related services (the “Applications“). Framework is the developer of the Applications, and as between you and Framework, Framework is the author and owner of all content in the Applications, and the owner of all intellectual property rights in and to the Applications and all content therein. Subject to your compliance with these Terms, Framework grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Applications on your personal computing device that you own or control solely in connection with your use of the Services for your personal and noncommercial use. Your use of the Applications is voluntary, and you may uninstall the Applications at any time. However, by uninstalling the Applications, you will be unable to access or use the Services provided by the Applications. The Applications and any underlying technology may not be exported by you outside the United States in a manner that is prohibited by applicable export laws and regulations.
Your license to the Applications and Services and Framework’s obligations under these Terms will automatically terminate if you fail to comply with any provision of these Terms. No notice will be required from Framework to effectuate such termination. You will receive no refunds upon termination. Upon termination of these Terms, all of your rights to use the Application and Services shall terminate immediately and Framework may delete or remove your User Content.
Information in the Services may contain typographical errors, inaccuracies, or omissions in relation to services, descriptions, pricing, availability, and other matters.
Framework reserves the right to: (a) discontinue the sale of any product or service listed in the Services at any time without prior notice; (b) change the price of any products or services listed in the Services at any time without prior notice; and (c) correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
Charges and Fees.
You authorize Framework and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through the Services. You represent and warrant that you are the only one who will make payments in connection with the Services, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to Framework are nonrefundable.
If products or services are made available for purchase through the Services, you are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order, all of which shall be added to your total invoice price. The receipt of an order confirmation does not guarantee the acceptance of an order, nor does it constitute confirmation of Framework’s offer to sell. Framework reserves the right at any time to limit the quantity of products or services ordered and/or refuse to sell to anyone. Products and services may only be used in the manner described in the Services, and are subject to all the guidelines, instructions, and limitations described in the Services.
Links to Other Websites.
Third Party Content.
Third Party Providers of Functionality.
Disclaimer of Warranties and Limitation of Liability.
THE SERVICES ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOTHING IN THESE TERMS OR IN ANY DESCRIPTION OF PRODUCTS OR SERVICES IN THE SERVICES SHALL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS OR SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT SUCH USE IS AT YOUR SOLE RISK. FRAMEWORK EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES THAT (I) THE SERVICES WILL OPERATE IN AN ERROR-FREE OR UNINTERRUPTED MANNER; (II) THE SERVICES AND THE SYSTEMS AND SERVERS THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS; (III) THE SERVICES WILL SATISFY YOUR REQUIREMENTS; (IV) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (V) FRAMEWORK WILL PREVENT THE UNAUTHORIZED DISCLOSURE OF, UNAUTHORIZED USE OF, UNAUTHORIZED ACCESS TO, MISAPPROPRIATION OF, LOSS OF, OR ALTERATION OF ANY DATA OR INFORMATION; OR (VI) ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED. FRAMEWORK DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SERVICES WILL SATISFY, OR ENABLE YOU TO SATISFY, THE REQUIREMENTS OF ANY GOVERNMENT AGENCY, ASSOCIATION, FINANCIAL INSTITUTION, OR OTHER ORGANIZATION. NOTHING IN THESE TERMS OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SERVICES WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SERVICES. FRAMEWORK MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED IN THE SERVICES IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. FRAMEWORK MAKES NO REPRESENTATION OR WARRANTY THAT THE PRODUCTS OR SERVICES ADVERTISED OR OFFERED IN THE SERVICES WILL BE AVAILABLE AT ALL TIMES, OR THAT THEY WILL BE AVAILABLE ON THE BASIS OF ANY INDICATED TERMS OR CONDITIONS.
IN NO EVENT SHALL EITHER FRAMEWORK OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN THESE STATES, FRAMEWORK’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Under no circumstances whatsoever shall Framework’s aggregate liability resulting from or relating to your use of the Services exceed Five Dollars ($5.00).
Prohibited Activities and Visitor Obligations.
As a visitor to or user of the Services you shall not:
- violate any applicable law or regulation;
- upload, post, use, transmit, or otherwise make available in or through the Services (each, a “Post”), including by e-mail or messaging, any content or information that is false or inaccurate;
- Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, profane, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or content that could otherwise be considered to be objectionable;
- impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
- engage in any activities or manipulate identifying material to misrepresent the origin of content;
- Post any content that is subject to any third party disclosure restrictions;
- Post any materials, items, information, or content that infringes, misappropriates, or otherwise violates any patent, copyright, trademark, or any other intellectual property or proprietary rights;
- Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- use the Services to disseminate any information or content, including by e-mail or messaging, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, profane, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or information or content that could otherwise be considered to be objectionable;
- Post any material that contains software viruses or any other corrupt computer code, files, or programs that impair the use of any computer software or hardware or telecommunications equipment;
- interfere with or otherwise limit the use of the Services by other users; or collect, compile, or store personal information about other users of the Services;
- disrupt or interfere with the security of, operation of, or otherwise cause harm to, the Services or the systems resources, accounts, usernames and passwords, servers, or networks connected to or accessible through the Services or any affiliated or linked websites;
- use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Services or the content contained therein without Framework’s prior, express, and written permission; or
- use the Services for commercial purposes.
You agree that you are solely responsible for the Posting of any content (e.g., text, images, documents, photographs, videos) and information that you make available in or through the Services (“User Content”).
In addition, Framework may obtain data such as name, image, voice, signature, statements and quotes, stories or anecdotes, personal or commercial attributes or identifying features, interior or exterior photographs, videos, or other depictions of premises, home or office, images of family, friends, or pets, stories, commercial attributes or identifying features (collectively “Media”), in connection with agreements with certain individuals, including Framework’s photo release form, likeness form, and location form, and Framework may use such Media with the Services, with its other online activities, and/or in its marketing.
Although Framework has no obligation to screen, edit or monitor any of the User Content, user conduct, or Media in the Services, Framework reserves the right, and has absolute discretion, to remove, screen or edit any User Content and Media and to monitor any user conduct in the Services at any time and for any reason without notice. Upon termination of these Terms, Framework may delete or remove your User Content. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.
By the Post of User Content to the Services or transmitting User Content through the Services (e.g., via a chat or messaging feature), you represent and warrant that: (a) the User Content is non-confidential; (b) you have all necessary rights (including permission from all person(s) appearing in your User Content) to Post the User Content to the Services and to grant the rights to Framework that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use, transmission and/or the Post thereof in connection with the Services, does not and will not violate these Terms or any applicable local, state, national or international statute, regulation, or law.
By posting User Content to the Services or transmitting User Content through the Services you hereby irrevocably consent to the unlimited reproduction, distribution, display, performance, and other use by Framework of your name; image; likeness; voice; username; caption; location information or other identifying information; biographical information; statements, quotes and stories; and any interior or exterior photographs or other depictions of your rooms, residence, home or office, which may or may not contain images of your family, friends, or pets (each, a “Likeness”), for any purpose, and in any format or medium now known or hereafter devised. Framework may, in its sole discretion, and without providing notice to or receiving consent from you, modify, change, adapt, or otherwise alter a Likeness. The rights granted under this paragraph are without compensation or notification to you of any kind, except as required by law. All User Content and Media becomes the property of Framework and Framework may use the User Content and Media for any purpose. See the Submissions section below for more information.
Framework may offer sweepstakes as part of the Services. The specific rules for each sweepstakes will be made available online, the link for which shall be provided in advertisements for the sweepstakes and/or the sweepstakes entry form. Framework is not responsible for any problem with a sweepstakes entry generated by computer hardware or software malfunction, error or failure, for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, data input errors, typographical errors in the Services or in the sweepstakes rules, or any other error of any kind whether human, mechanical or electronic, including without limitation, the incorrect or inaccurate capture of entry information regardless of the cause. In the event of a conflict between these Terms and the rules for sweepstakes, the rules for the sweepstakes govern.
Any and all comments, suggestions, contest or sweepstakes entries, Product Reviews, and similar materials or information that you send or submit to Framework or its third party provider in connection with the Services, by a Post or otherwise (collectively, “Submissions”), shall become Framework’s property; and you hereby transfer, sell, and assign to Framework all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. Framework has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Framework shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
Framework may provide functionality in the Services that allows you to chat with Framework representatives via a website (“Web Chat”). Your Web Chat with Framework shall not in any respect whatsoever modify any warranties, disclaimers, limitations or obligations of Framework. The user of Web Chat bears full responsibility for all contents, phrases and entries submitted by the user in connection with the use of Web Chat.
Endorsements and Testimonials.
The Services may include endorsements or testimonials by others. Some of the people providing endorsements or testimonials on the Services, whether consumers, celebrities, experts, or otherwise, have benefited in some way by receiving products or other compensation in return for their endorsements or testimonials about products or services offered by Framework.
You agree to indemnify, defend, and hold Framework and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that you incur or suffer which relate to your use of the Services, your failure to perform any of your obligations under these Terms, Framework’s use of your Submission, or your breach of any of your representations or warranties made under these Terms.
Continued Operation, Accessibility, and Maintenance of the Services.
Framework may modify, change, suspend, terminate, or discontinue the operation of the Services or the provision of any services without notice and Framework reserves the right to refuse service to anyone at any time, with or without cause.
In order to use many aspects of the Services, you must register for and maintain an active personal user Services account. Account registration requires you to submit to Framework certain personal information. You agree to maintain accurate, complete, and up-to-date information in your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Framework reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, remove or edit content, or cancel orders.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Beneficiaries.
Apple Inc. and its subsidiaries (“Apple”) or Google LLC will be a third party beneficiary to these Terms if you access the Services using Applications developed for Apple-branded products or Android devices, respectively. Upon your acceptance of these Terms, the applicable third party beneficiary will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary hereof. These third party beneficiaries are not parties to these Terms and are not responsible for the provision, maintenance, or support of the Services or the Applications in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
In addition, in the event of any failure of the Applications to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price for the Applications used by you. In addition, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Applications, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, if any, will be Framework’s sole responsibility. Framework, and not Apple, is responsible for addressing any claims, to the extent permitted under these Terms, by you or any third party relating to the Applications or your possession and/or use of the Applications, including but not limited to: (i) product liability claims; (ii) any claim that the Applications fail to conform to any applicable legal or regulatory requirement; and (iii) any claims arising under consumer protection or similar legislation. In the event of any third party claim that the Applications or your possession and use of the Applications infringes that third party’s intellectual property rights, Framework, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge, if any, of any such intellectual property infringement claim.
Additional Terms May Apply.
Additional terms may apply to certain products or services. Such terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable product or service. In the event of a conflict between these Terms and any additional terms, the additional terms will control for that product or service.
English has been used in the preparation of these Terms, and English shall be the controlling language with respect to these Terms and their interpretation. Any and all communications relating to the Services must be in the English language.
Any failure by Framework to enforce any provision of these Terms shall not be construed as a waiver of any provision or the right to enforce same.
These Terms shall be governed by the laws of the Commonwealth of Massachusetts without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms, or arising out of any other dispute or claim associated with Framework, venue shall be in the Commonwealth of Massachusetts only and, in addition, you hereby consent to the exclusive jurisdiction of the federal and state courts in the Commonwealth of Massachusetts.
These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Framework. If any portion of these Terms is held to be invalid, such holding shall not invalidate the other provisions of these Terms.
Use of the Services is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of the Services is unauthorized in any jurisdiction where all or any portion of the Services may violate any legal requirements and you agree not to access the Services in any such jurisdiction.
You are responsible for compliance with applicable laws.
For any questions, comments, complaints, or claims about the Applications, the Services, or these Terms, please contact Framework as follows:
Or by US Mail at:
177 Huntington Ave Ste 1703
Boston, Massachusetts 02115-3153