Frana companies inc. terms of use
CHANGES TO TERMS OF USE
The following are terms of use that constitute a legally binding agreement (“Terms”) between you (whether as an individual, a corporate entity of any kind) and Frana Companies Inc. (referred to as “Frana,” “we,” “our,” or “us”).
This website and content located at www.frana.com, or any sub-domain of www.frana.com website (collectively the “Site”) are owned and operated by Frana. The Site is protected by law, including, but not limited to, United States copyright law and/or international treaties and other international law. Any unauthorized Use (as defined below) of any content, features or functionality contained or made available by this Site is a breach of your contractual obligations hereunder, other relevant agreement(s) you have with us, and may also be in violation of copyright or trademark laws, privacy, publicity, communications regulations and statutes.
Last Modified: December 6, 2024
We may modify these Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms. Your continued use of the Site will mean you accept the modified Terms. Your use of the Site or the information provided on the Site is subject to these Terms, in addition to our PRIVACY POLICY.
ACCEPTANCE OF THE TERMS OF USE
Please read the Terms carefully before you start to use the Site. Visiting and viewing the Site pages, interacting with the various available Site functions, inputting information, copying, linking or any other similar activities collectively constitute “Use” (including the various grammatical variations thereof). By clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at frana.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
site access
User Account
You are not required to create a user account to visit our Site or access or download materials from the Site.
Privacy
All information we collect on this Site is subject to our PRIVACY POLICY. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Your Responsibility
You represent and warrant that all the information that you provide in order to Use the Site is true, accurate, current, and complete. You understand that you are solely responsible for (and that we have no responsibility to you or to any third party) any breach of your obligations under these Terms and for the consequences including any loss or damage which we may suffer) of any such breach.
Compliance with Law
You agree that you will not use the Site for activities prohibited by any applicable state, federal, or other country’s laws, rules or regulations. You represent and warrant that: (i) you are not located in a country that is subject to 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. We make no claims regarding our Site outside of the United States. If you access the Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of such jurisdiction.
USE RESTRICTIONS
Ownership, IP
All contents of the Site, including, but not limited to, the “look and feel” of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files, are protected by copyright owned or licensed by us and our logo and all other logos used on the Site are protected by trademarks or service marks owned or licensed by us or our licensors. These trademarks and service marks may not be used without our prior explicit written permission.
You are hereby granted a non-transferable, non-sublicenseable, limited, revocable, right and license to access and make use of our websites for your own exclusive benefit and solely for the purposes intended by the Site. No portion or element of the Site or any of its content may be copied or retransmitted via any means without our permission. You may not remove, alter, or obscure any copyright, legal, or proprietary notices in or on any portion of our website. The Site, its content and all related rights shall remain our exclusive property or the property of the licensors of such content unless otherwise expressly agreed in writing. Without our prior written authorization, you may not reproduce, distribute, modify, display, perform, prepare derivative works based on, adapt, repost or otherwise use the content of the Site. Use of this Site does not in any respect whatsoever constitute a grant of any license or other right to use or exploit any of these proprietary rights. You shall have no rights or interests therein except as set forth in these Terms.
Hyperlinks
Any third party links provided in the Site are provided solely for your convenience. We do not review, endorse nor make any representations about such sites, and your use of these sites is at your own risk. You agree that we will not be responsible or liable under any circumstances or theories, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with your use or reliance on these third party sites.
Access Limitations
You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site access requirements, all hardware, software, electrical or other physical requirements for your use of the Site, including without limitation, mobile devices, telecommunications and Internet service provider access, connections, links, web browsers or other equipment, programs and services required to access the Internet or the Site. You acknowledge and agree that from time to time the Site may be inaccessible or inoperable for any reason, including without limitation: (i) equipment malfunctions, (ii) periodic maintenance procedures or repairs; or (iii) other causes beyond our control. Additionally, because the Site is accessed via the Internet or a mobile carrier, you may have connection issues due solely to your own Internet or telecommunications service provider or other technological access requirements. We are not responsible for any third-party access requirements (e.g. your ISP).
Restrictions
Except as otherwise permitted under these Terms, you shall not (and shall not assist any third party to): (a) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure or organization) from the Site, or from any other information by any means whatsoever; (b) distribute, disclose or allow use of any of the software in any format through any timesharing device, service bureau, network or by any other means, to or by any third party; or (c) modify or create a derivative work of the Site or the information or any portion thereof. As a visitor to the Site, you are prohibited from posting or transmitting any threatening, obscene, libelous, unlawful or otherwise offensive material. You may not use your user account to send any unsolicited communication (e.g., spam). You are not permitted to link the Site to any other website or off-site web pages without our prior written permission.
WARRANTY DISCLAIMER
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO OBLIGATION FOR ANY ERRORS (E.G. TYPOGRAPHICAL ERRORS). TO THE FULLEST EXTENT PERMITTED BY LAW, FRANA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FRANA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE, OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR. WE ARE NOT RESPONSIBLE FOR COSTS OR ANY DAMAGES THAT RESULT FROM RELIANCE ON OR USE OF THE INFORMATION PROVIDED THROUGH THE SITE.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF MALWARE.
Frana does not endorse and is not responsible for statements, advice, and opinions made by anyone other than authorized Frana representatives. WITHOUT LIMITING ANY OF THE FOREGOING, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, DELIVERY ERROR, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THIRD-PARTY SERVICE PROVIDERS
You acknowledge that our contracts with third party suppliers, licensors, developers, application and data hosting providers, wireless network services, payment processers, and other technology services providers to provide the Site’s functionality (“Third Party Providers”). For example, all user data and user content is stored at computer data centers operated and maintained by Third Party Providers. We are solely responsible for monitoring and supervising all necessary work of the Third-Party Providers.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR THIRD-PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LITIGATION, OR ANY OTHER PECUNIARY LOSS, INCLUDING LOSS OF GOODWILL OR REPUTATION, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY INFORMATION PROVIDED THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100.00). YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR THIRD PARTY PROVIDERS ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE. Any claims arising in connection with your use of the Site or any information thereon must be brought within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. If you are dissatisfied with the Site, your sole and exclusive remedy shall be to discontinue use of the Site.
This Site gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.
LIMITATIONS ON LIABILITY FOR THIRD-PARTY PROVIDERS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WITH ANY OF OUR THIRD PARTY PROVIDERS, AND THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN FRANA AND ANY THIRD PARTY PROVIDER. IN ADDITION, YOU ACKNOWLEDGE THAT ALL SUCH THIRD PARTY PROVIDERS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO ANY USER, AND YOU HEREBY WAIVE AND DISCLAIM ANY AND ALL CLAIMS OR DEMANDS OF SUCH NATURE. YOU ACKNOWLEDGE AND AGREE THAT ANY THIRD PARTY PROVIDERS HAVE NO OBLIGATION FOR ANY WARRANTY, EXPRESS OR IMPLIED OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE INFORMATION PROVIDED ON THE SITE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SUCH THIRD PARTY PROVIDERS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHALL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE INFORMATION PROVIDED, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE SOLELY AS PERMITTED UNDER THESE TERMS.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Frana, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your submissions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
SUBMISSIONS
Any information, material, or idea you submit on the Site will be considered non-confidential and non-proprietary except to the extent set forth in our PRIVACY POLICY.
Any and all materials you send or submit to us or a third party provider related to this Site, including, without limitation, comments, suggestions, or reviews, (collectively, “Submissions”), shall become our property; and you hereby transfer and assign to us all of your right, title and interest in and to any such Submissions, including without limitation, any and all related copyrights, moral rights, trademarks, patents, trade secrets and/or other proprietary rights. To the extent the preceding assignment and transfer is ineffective, you hereby grant Frana an exclusive, irrevocable, fully-paid and royalty-free, perpetual, and fully sublicensable and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display and publicly perform such Submission throughout the universe in any media, now known or hereafter devised. We have no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Frana shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
MISCELLANEOUS
General
We make no representation or warranty that the products or services advertised or offered on this Site will be available at all times, or that they will be available on the basis of any indicated terms or conditions. We attempt to be as accurate as possible. We cannot and do not warrant that the information available on the Site is accurate, complete, reliable, current or error-free. We reserve the right to make changes in or to the Site and information, or any part thereof, according to our sole judgment, without the requirement of giving any notice prior to or after making such changes to the information. Any failure by us to enforce any provision of these Terms shall not be construed as a waiver of any provision or the right to enforce the same. If any portion of these Terms is held to be invalid, such holding shall not invalidate the other provisions of these Terms. In the event of a conflict between the Terms and our other policies like our Privacy Policy, the Terms shall govern, unless otherwise stated herein.
Agreement
These Terms constitutes the entire agreement and understanding among the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions expressed or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. These Terms shall be binding upon and inure to the benefit of the parties, their successors, and assigns. These Terms may be assigned in whole or in part by us, but these Terms may not be assigned by you.
Governing Law; Arbitration
These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, notwithstanding any conflict of laws, provisions or rules.
Any controversy or claim arising out of or relating to these Terms will be settled by arbitration in Hennepin County, Minnesota, at a time and location designated by the arbitrator. Arbitration will be conducted by the American Arbitration Association in accordance with its Rules of Commercial Arbitration, and judgment upon the award rendered by a single arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will be selected from a panel of persons having experience with and knowledge of the education industry and technology services. Nothing herein contained will bar either party from seeking equitable remedies or any claims related to intellectual property infringement in a court of appropriate jurisdiction sitting in Hennepin County, Minnesota. If we successfully enforce our rights under these Terms in the arbitration or court action we may be awarded our costs and expenses of the arbitration or other action, including reasonable attorney’s fees and costs.
You unequivocally, irrevocably and unconditionally: (i) consent to the arbitration terms set forth herein; (ii) agree to waive a trial by jury; (iii) agree not to commence any litigation arising out of or relating to these Terms in any jurisdiction; and (iv) agree not to plead or claim that such litigation is being brought in an inconvenient forum.
No Waiver; Severability
Any failure on the part of a party to these Terms to insist upon strict enforcement of any provision(s) of these Terms shall not be construed as a waiver of any provision or right. Should any provision of these Terms be held invalid or unenforceable, such invalidity will not invalidate the whole of these Terms, but rather that invalid provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of these Terms will remain in full force and effect.
Your Comments and Concerns
All notices, feedback, comments, requests for technical support, and other communications relating to the Site should be directed to Frana at info@frana.com.
Copyright © Frana Companies Inc. 2024. All rights reserved.
