Terms & Conditions

LIMITATION OF WARRANTY

The data and information contained in this Web site are believed to be accurate, BUT ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND OR CONDITION, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. In no event shall Franklin Cowboys be liable for any damages of any kind whatsoever, including any special, indirect or consequential damages, relating to the use of this site except as otherwise limited by applicable law.

LINKS TO THIRD PARTY SITES

Any links provided herein may allow the user to leave this site. The linked sites may not be under the control of Franklin Cowboys, and Franklin Cowboys shall not be responsible for the content of any linked site or link contained in a linked site. Franklin Cowboys provides these links as a convenience only, and the inclusion of any link does not imply an endorsement by Franklin Cowboys of that site.

USER ACCESS

Franklin Cowboys may at any time, in its sole discretion: (1) revoke the access of any user to this site; (2) modify, change, withdraw or delete this site and/or any of these conditions of use in whole or in part.

TRADEMARK

"Franklin Cowboys" the FRANKLIN COWBOYS LOGO MARK and/or other Franklin Cowboys names or products referenced herein are trade names, trademarks and/or service marks of Franklin Cowboys Organization, or its affiliates. Other product or company names mentioned herein may be the trade name, trademark, or service mark of their respective owners.

SOFTWARE

Any software ("Software") that may be made available to download from the server of this site may be the copyrighted work of Franklin Cowboys and/or its suppliers. Use of the Software is governed by the terms of the end - user license agreement, which accompanies or is included with the Software ("License Agreement"). Any Software made available for downloading is solely for use by end - users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW AND EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, FRANKLIN COWBOYS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

LICENSE TO FRANKLIN COWBOYS

By posting messages, uploading files, inputting data or engaging in any other form of communication through this service, you are granting Franklin Cowboys and its affiliates a royalty-free, perpetual, nonexclusive, unrestricted worldwide license to:

  • Use, copy, sublicense, adapt, transmit, re-transmit, distribute and/or publicly perform or display any such communication.
  • Sublicense the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, patent laws or the law of ideas under any relevant jurisdiction.

DISCLAIMER

FRANKLIN COWBOYS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION. COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FRANKLIN COWBOYS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW, IN NO EVENT WILL FRANKLIN COWBOYS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING FRANKLIN COWBOYS SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE FRANKLIN COWBOYS SOFTWARE OR SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE

BULLETIN BOARDS

This service may include bulletin boards and chat rooms ("bulletin boards") which allow feedback to Franklin Cowboys and real-time interaction between users. Franklin Cowboys does not control the messages, information or files delivered to bulletin boards. IT IS A CONDITION OF YOUR USE OF THE BULLETIN BOARDS AND THIS SITE THAT YOU DO NOT:

  • Restrict or inhibit any other user from using and enjoying the bulletin boards.
  • Post or transmit any unlawful, anti-competitive, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, which may give rise to civil liability or otherwise violate any local, state, national or international law.
  • Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivation of copyrighted works with respect thereto, without first obtaining written permission from the owner or right holder.
  • Post or transmit any information, software or other material which contains a virus or any other harmful component.
  • Post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising, other than for the business purposes of Franklin Cowboys and affiliates.

You understand that Franklin Cowboys has no obligation to monitor or edit the content of the bulletin boards. However, Franklin Cowboys reserves the right at all times to disclose any information posted by you or any other user as may be necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Franklin Cowboys' sole discretion are objectionable or in violation of these terms and conditions.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall Franklin Cowboys and its affiliates be liable for any direct, indirect, incidental, special or consequential damages that arise from the use of, or the inability to use any materials on this site. You specifically acknowledge and agree that Franklin Cowboys is not liable for any defamatory, anticompetitive, offensive or illegal conduct of any user. If you are dissatisfied with any Franklin Cowboys material, or with any of Franklin Cowboys' terms and conditions, your sole and exclusive remedy is to discontinue using the site.

TERMINATION

This agreement is effective until terminated by Franklin Cowboys, at any time without notice. In the event of termination, you are no longer authorized to access this site or the bulletin boards, and the restrictions imposed on you with respect to material downloaded from either this site or the bulletin boards, the disclaimers and limitations of liabilities set forth in this Agreement, shall survive.

INDEMNIFICATION

You agree to defend, indemnify, save and hold harmless Franklin Cowboys, its affiliates, licensees and their respective directors, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys' fees, arising out of your use of the site, or your violation or alleged violation of the terms of this agreement.

OTHER

This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee without giving effect to any principles or conflicts of law. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.