FrankCrum and/or any affiliated companies (the “Company” or “we” or “us”), provides the information and services on its World Wide Web site(s) (the "Site") under the following terms and conditions (the “Terms”).
By accessing and/or using the Site, you indicate your acceptance of these Terms. By using our Site, you agree to not knowingly circumvent, evade, or fail to comply with all applicable Terms to the extent that they apply to you.
Access to and use of this Site are subject to all applicable federal, state, and local laws and regulations.
The Information available on or through the Site is the sole and exclusive property of FrankCrum or its licensors, and is protected by copyright, trademark, and other intellectual property laws.
Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any content or information available on or through this Site, directly or indirectly, for commercial or public purposes. Users may not use the trademarks, logos and service marks ("Marks") for any purpose including, but not limited to use as "hot links" or meta tags in other pages or sites on the World Wide Web without the written permission of FrankCrum or such third party that may own the Mark. Questions concerning trademarks should be directed to marketing@frankcrum.com.
User agrees not to modify, move, add to, delete, tamper, manipulate, or otherwise disrupt FrankCrum’s Web site or the information contained in FrankCrum's Web site, including by not circumventing FrankCrum technical controls and security measures. The User also agrees not to decompile, reverse engineer, disassemble or unlawfully use, modify, copy or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary or confidential information contained in the Site.
By using or accessing this web site you agree that other than with respect to the non-scheduled, non-recurring collection of data done with the express consent of the applicable company or individual, you will not access the Site in a manner that sends more requests to FrankCrum servers than a human can reasonably produce in the same period of time or collect or harvest any personally identifiable information.
Although FrankCrum monitors the information on the Site, some of the information is supplied by independent third parties. While FrankCrum makes every effort to ensure the accuracy of all information on the Site, FrankCrum makes no warranty as to the accuracy of any such information.
This website uses an AI-powered chatbot to assist with answering inquiries. The chatbot provides automated responses but does not offer professional advice (e.g., legal, medical, or financial) and may not always be accurate or complete. Users are responsible for avoiding the sharing of sensitive personal information, such as Social Security numbers, financial details, or passwords, and for refraining from any unlawful or harmful use of the chatbot.
We may collect and process personal information from chatbot interactions, such as messages and usage data, to improve our services. Your data is handled in accordance with applicable U.S. privacy laws. You may have certain rights under state or federal laws, including the right to know what personal information is collected, request its deletion, or opt out of data sharing where applicable. For more details, see our Privacy Center.
The chatbot is provided "as is," and FrankCrum is not liable for any damage or losses arising from its use. By continuing to use the chatbot, you agree to these terms and any updates we may make.
This Site may contain links that will let you access other Web sites that are not under the control of FrankCrum. The links are only provided as a convenience and FrankCrum does not endorse any of these sites. FrankCrum assumes no responsibility or liability for any material that may be accessed on other Web sites reached through this Site, nor does FrankCrum make any representation regarding the quality of any product or service contained at any such site.
FrankCrum prohibits unauthorized links to the Site and the framing of any information contained on the site or any portion of the Site. FrankCrum reserves the right to disable any unauthorized links or frames. FrankCrum has no responsibility or liability for any material on other Web sites that may contain links to this Site.
Information and documents provided on this Site are provided "as is" without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. FrankCrum uses reasonable efforts to include accurate and up-to-date information on this Site; it does not, however, make any warranties or representations as to its accuracy or completeness. FrankCrum periodically adds, changes, improves, or updates the information and documents on this Site without notice. FrankCrum assumes no liability or responsibility for any errors or omissions in the content of this Site. Your use of this Site is at your own risk.
UNDER NO CIRCUMSTANCES SHALL FRANKCRUM BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF FRANKCRUM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FRANKCRUM SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES OR LOSSES AS A RESULT OF YOU SHARING OR ALLOWING ACCESS TO YOUR AUTHENTICATION.
Arbitration and Dispute Resolution
By accessing and/or using this Site, you agree to try to settle any dispute with FrankCrum arising from or related to your use or access of this Site by sending a letter describing the basis for the dispute and allowing FrankCrum at least 30 days to respond after FrankCrum will have received your letter. If you want to send such a letter to FrankCrum, send it to legal@frankcrum.com FrankCrum will respond to you at the address FrankCrum has on file for you.
The parties will cooperate and attempt in good faith to resolve any dispute or claim arising out of or relating to this Agreement or the construction, interpretation, performance, breach, termination, enforceability, or validity thereof, or arising out of or relating to your use of or access to the Site.
You and FrankCrum agree to attempt to resolve the dispute under the terms described in the preceding paragraph before you or FrankCrum will commence any litigation or file a claim against the other party.
By accessing and/or using this Site, you unconditionally agree that any dispute which cannot otherwise be resolved as provided above after the parties have negotiated the resolution of the dispute for at least fifteen (15) business days will be decided entirely by binding arbitration on an individual basis, which means you and FrankCrum waive the right for a judge or jury to decide such claims and means that you may not proceed in a class, collective, or consolidated capacity . Your rights and FrankCrum’s rights during the arbitration process may be more limited than the rights you or FrankCrum would have in civil trial or appellate courts. The Federal Arbitration Act and federal arbitration law apply to this agreement.
At the beginning of any arbitration process under this arbitration agreement, you and FrankCrum will need to select an arbitrator by mutual agreement. The arbitrator shall be a retired federal judge or judge of the state court of general jurisdiction, or another qualified and impartial person that you and FrankCrum decide upon. In the event you and FrankCrum cannot agree on the selection of an arbitrator, FrankCrum will select an alternative dispute resolution provider and request from that provider a list of an odd number of potential arbitrators. From that list you and FrankCrum will alternatively strike arbitrators, with FrankCrum going first, until one arbitrator is left. That arbitrator shall be the arbitrator who will hear the case. If you and FrankCrum cannot agree on an alternative dispute resolution provider, an arbitrator will be appointed according to law. Payment of all filing, administration and arbitrator fees will be governed by the selected arbitrator’s or alternative dispute resolution provider’s applicable rules.
The arbitrator shall have the same authority as a state or federal court would have to issue subpoenas to third parties for production of documents and for depositions, in addition to subpoenas to appear at any arbitration hearing. In any arbitration proceeding under this agreement, all rules of pleading under the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and all rights to resolution of the dispute by means of motions for summary judgment or judgment on the pleadings shall apply and be observed unless you and the Company agree otherwise. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Likewise, all communications during or in connection with the arbitration proceedings shall be privileged. The arbitrator’s award(s) shall include the arbitrator’s written reasoned opinion. Resolution of all disputes shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis (including but not limited to, notions of “just cause”) other than such controlling law.
We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. This arbitration agreement shall not be construed to allow or permit the consolidation or joinder of claims of other claimants, or to permit such claims to proceed as a class, representative, or collective action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. No arbitrator shall have the authority under this arbitration agreement to order any such class or collective action. Any dispute regarding the validity, scope, or enforceability of this arbitration agreement, or concerning the arbitrability of a particular claim, shall be resolved by a court, not by the arbitrator. You agree to waive any substantive or procedural rights that you may have to bring or participate in an action brought on a class or collective basis.
The arbitral award will be final and binding. The parties waive any right to appeal the arbitral award, to the extent a right to appeal may be lawfully waived.
Each party will bear its own fees, costs and expenses of the arbitration, and its own legal expenses, attorneys’ fees, and costs of all experts and witnesses, provided, however, that the arbitrator may award arbitration costs, including legal, auditing, and other fees to the prevailing party in the arbitration proceeding if the party prevails on a claim based on a statute or contract that provides for award of such attorneys’ fees and costs to the prevailing party.
Each party retains the right to seek judicial assistance: (a) to compel arbitration; (b) to obtain interim measures of protection prior to or pending arbitration; (c) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or Confidential Information or to enjoin infringement or other misuse of intellectual property rights; or (d) to enforce any decision of the arbitrator, including the final award.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PERMITTED UNDER THIS AGREEMENT OR AS PROVIDED IN THE ARBITRATOR’S OR ARBITRATION AGENCY’S APPLICABLE RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR FRANKCRUM WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Protecting the privacy of our clients and users of our Sites is important to FrankCrum. The Website Privacy Policy describes how we use and protect the information you provide to us.
Notices of claimed copyright infringement on the Site should be directed to: FrankCrum, 100 S. Missouri Ave., Clearwater, FL 33756, Attn: Legal Department, Compliance Counsel.
These Terms shall be governed and construed in accordance with the laws of the State of Florida, USA, and applicable federal laws without regard to conflicts of law principles. User agrees that all proceedings relating to this site and the subject matter contained herein shall be maintained in the courts of the state of Florida or the federal district courts sitting in Florida, which courts shall have exclusive jurisdiction for such purpose.