BY USING FRANKLIN HEALTH FOUNDATION'S MEMBERSHIP BENEFITS WEBSITE, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS AS OUTLINED BELOW.
The Franklin Health Research Foundation ("FHRF") is a 501(c)(3) nonprofit organization. FHRF operates an membership benefits website which collects and processes donations received by individual donors and manages the distribution of member benefits, including streaming video content, PDF downloads, and members-exclusive audio programs and webinars ("Benefits").
The terms “we,” “us,” and “our” refer to the Franklin Health Research Foundation. The term the “Site” refers to members.fhrfoundation.org. The terms “user,” “you,” and “your” refer to site visitors, donors, members and any other users of the site.
By registering and continuing to use or access the Site, you are agreeing to these Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
To use member benefits, you will be required to create an account and provide information about yourself, including your name, password, email address, phone number, and mailing address. You agree that any registration information you provide Franklin Health is accurate, correct, and current.
You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Benefits, violate any laws in your jurisdiction.
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.
3. MEMBER BENEFITS
By becoming a Franklin Health member and using the Member Benefits website, you agree and acknowledge that:
- Franklin Health reserves the right to substitute resources or benefits which are equal to or comparable with the benefits listed at registration, without prior notice.
- Access to Member Benefits is granted immediately after you initiate a membership autodraft donation. Access to the Benefits may be influenced and affected by third parties that we use to provide the Benefits (site hosting, webinar software, etc). You agree and understand that Franklin Health cannot be held responsible when there are reasonable delays in the access of the Benefits as a result of 3rd party services.
- Monthly memberships provide 30 days of access to the Site. This membership is auto-renewed each month. Failure to renew your monthly membership will result in a loss of access to the Benefits. You may cancel the automatic renewal of your membership at any time; your access to the Site will terminate at the end of the 30-day period.
- The FHRF team endeavors to describe and display the Benefits as accurately as possible and to maintain current and updated scientific information on the Site. While our team attempts to be as current and accurate as possible, we cannot guarantee the accuracy, usefulness, or completeness of the content on the Site. From time to time our team may correct errors in resources delivered through the membership Benefits.
- Franklin Health reserves the right to terminate the Benefits, and or access to certain components of Benefits, with or without notice. FHRF will make reasonable efforts to provide advanced notice but is not required to do so under the terms of this agreement.
- Franklin Health reserves the right to refuse to accept a donation for any reason, and is not obligated to deliver member Benefits.
- You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site.
- You acknowledge that the information on this site is for informational purposes only and nothing on this website constitutes medical advice.
4. USE OF BENEFITS & INTELLECTUAL PROPERTY
You acknowledge that this Site contains Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and in the future. You also acknowledge that the Content is and shall remain the property of the Franklin Health Research Foundation.
Copyrighted and original materials are provided to you as part of the Benefits for your personal use except where specifically stated otherwise. All intellectual property, including Franklin Health's copyrighted materials, shall remain the sole property of Franklin Health. No license to sell or distribute our materials is granted or implied.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Benefits or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Benefit information with a non-member. We reserve the right to immediately remove you from the Membership Benefit site, without refund, if you are caught violating this intellectual property policy.
5. CANCELLATION OF MEMBERSHIP
You can pause or stop your membership support at any time through your account page. Your Benefits will continue through the end of the current 30-day period. No refunds are available for membership donations. No refunds or partial refunds are given, however you will retain access to the Service until the end of your membership month.
It is entirely your responsibility to ensure that you pause or cancel your membership donations should you no longer desire to support FHRF and do not wish to continue automated donations.
6. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE FRANKLIN HEALTH RESEARCH FOUNDATION BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED FROM THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THE SITE.
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL FRANKLIN HEALTH BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE COUNCIL OF NONPROFITS PARTIES' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
In the event that any portion of the Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Agreement shall remain in full force and effect.
The Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee. Any action relating to the Benefits, Site or this agreement must be brought in the federal or state courts located in Tennessee, and you hereby irrevocably consent to the jurisdiction of such courts. Any cause of action you may have with respect to the Benefits, Site or this agreement must be commenced within one (1) year after the claim or cause of action arose, or be barred. This Agreement contains the entire agreement of the parties for this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.