Franklin Goose Terms & Conditions

 

The terms and conditions below ("Terms of Service") govern your access to and use of Franklin Goose's website, products and services ("Site"). This document constitutes a legal agreement between you and Franklin Goose. Herein, "we," "us," and "our" refer to Franklin Goose, and "you" and "your" refer to a specific user of the Site. Accessing and using the Franklin Goose website constitutes acceptance of these Terms of Service. If you do not agree to these Terms of Service, do not access or use the Site. Please read these Terms of Service carefully.

 

1. Description of Services


The Site provides products of third party vendors for Site users, services in support of the products, and also a forum for Site users to rate the products.

 

 

2. Use of the Site


You may use the Site to learn about and purchase products, and to contribute to review of products on the Site, subject to the restrictions in these Terms of Service.

 

 

3. User Accounts


You may create an account and provide information about yourself ("Personal Information") to use some of the Site features. You may create only one account for each physical address you maintain. You are responsible for maintaining the confidentiality of your account password, and you are responsible for all activities that occur through use of your password. We will not make this information publicly available. You can learn more about our acquisition and use of personal information in our Privacy Policy, which is hereby incorporated into these Terms of Service. Franklin Goose reserves the right to terminate your account at any time at our discretion.

 

 

4. Permission to Use Your Content


Franklin Goose may use any content, including but not limited to text and pictures, that you submit or transmit to or through the Site related to information, experiences, or opinions with products or services of the Site ("Your Content"). Your Content will be public information and will not be confidential. You agree to irrevocably grant us permission to use Your Content in association with product and service review related to the Site.

 

 

5. Responsibility for Your Content


You are solely responsible for Your Content and compliance with federal and local law in creating Your Content. You assume all risk of reliance on its accuracy, completeness, or usefulness, or any disclosure of information in Your Content that makes you personally identifiable. You represent that you are authorized to use Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Franklin Goose.

 

 

Note that you may expose yourself to liability if Your Content violates any intellectual property right, moral right, privacy right, right of publicity, or other proprietary right; contains material that if false or intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. Franklin Goose assumes no liability for Your Content.

 

Franklin Goose may remove or reinstate Your Content at our sole discretion. We reserve the right, but do not have the obligation, to remove certain types of content, including but not limited to:

  • objectionable content
  • inaccurate content
  • inappropriately categorized content
  • unlawful content
  • conflicts of interest
  • second-hand experiences or hearsay
  • personal attacks, lewdness, hate speech, or other offensive content
  • irrelevant content
  • content otherwise prohibited by these Terms of Service

 

 

6. Restrictions on Use


You agree that you will not, and will not assist or enable others to:

 

  • use this Site in violation of the Terms of Service or any applicable law
  • modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, public display, sell, trade, or in any way exploit the Site or Site
  • Content (other than Your Content), except as expressly authorized by Franklin Goose
  • use the site to threaten, stalk, defraud, incite, harass, or advocate harassment of another person, or otherwise interfere with another user's use of the Site
  • use the Site for promotional or commercial purposes, except as expressly allowed in writing by Franklin Goose
  • use the Site in a manner that may create a Conflict of Interest
  • use the Site for keyword spamming or otherwise attempt to manipulate natural search results
  • use the Site to promote bigotry or discrimination
  • use the Site to violate any third party right, including breach of confidence, intellectual property, or proprietary rights
  • use the Site to submit or transmit pornography or illegal content
  • use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors
  • reverse engineer any portion of the Site
  • remove or modify any intellectual property or proprietary rights notice on the Site or any materials printed or copied off the Site
  • record, process, or mine information about other users
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scape or index the Site or any Site Content
  • access, retrieve or index the Site for purposes of constructing or populating a searchable database of business reviews
  • reformat or frame any portion of the Site
  • take any action that impose or may impose an unreasonable or disproportionately large load on Franklin Goose's technology infrastructure
  • attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site
  • use the Site to transmit any computer viruses or defects
  • attempt to interfere with the proper working of the Site
  • use the Site to violate the security of any computer network, crack passwords or security encryption codes
  • interfere with any security features of the Site
  • These restrictions apply only to the extent permissible under applicable law. Franklin Goose reserves the right to exercise whatever lawful means we deem necessary to prevent unauthorized access or use of the Site.

 

 

7. Termination


Franklin Goose may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion and without notice or liability of any kind. In the case of termination or if you close your account, Franklin Goose may continue to display comments and ratings that you posted to the Site. These Terms of Service will continue in full force and effect.

 

 

8. Ordering


a. Third Party Manufacturers. We work with third party manufacturers to provide you with safe and organic products. Together, we coordinate inventory so that we can tell you what is available for shipping. We do our best to maintain accuracy in reporting our stock. If you place an order and we find from our manufacturer that the item is not in stock, we will notify you of the possibility of back-ordering, or process your refund, within 48 hours. Refunds may take up to 10 business days to be reflected in your account.
b. Order Processing. We process orders as quickly as possible, placing credit card orders with our manufacturers first, and then processing by order date.
c. Shipping. Most orders are shipped via UPS. Orders to Canada ordinarily are shipped via USPS, but if the order is shipped by one of our manufacturers, they might use a different shipper. Standard shipping costs a flat rate $5 for orders under 25 pounds, and a flat rate of $40 for orders over 25 pounds. UPS Second Day Air or Next Day Air rates are also available. You may track your order at UPS.com. Franklin Goose ships internationally, where not limited by law. Separate international shipping rates will apply.
d. Canceling. You may cancel your order if it has not yet shipped. Please email customersupport@franklingoose.com with Cancel Order # in the subject. You may not add products to an existing order.
e. Returns. You may return a product by emailing us at customersupport@franklingoose.com and specifying what you are returning. Please put Return and the order # in the subject line. If the return is a consequence of a mistake by Franklin Goose, we will send you a shipping label.
f. Defects. Franklin Goose is not liable for any defects in products produced by third party manufacturers.
g. Promise. Franklin Goose designates some products with the Safe Baby Promise. These designations are based on assertions from manufacturers regarding guidelines for safe and organic products. Franklin Goose assumes no liability of any kind for any inaccuracy related to this designation.

 

 

9. Warranties, Disclaimers and Limitations of Liability


a. Site Available As Is. The Site, all content, services, and products on the Site are made available to you on as "As Is" basis. Unless otherwise noted, Franklin Goose makes no warranties, representations or conditions of any kind, express, statutory or implied as to the operation and functionality of the Site; the accuracy, integrity, completeness, quality, legality, usefulness, safety and IP rights of any of the Site content, including but not limited to the accuracy of business reviews and business information listed on the site; and the products and services associated with the Site or Site content, including but not limited to the products and services sold by businesses listed on the Site. Franklin Goose reserves the right to modify, update, or discontinue the Site at our sole discretion, at any time, and without notice or liability.
b. User-created Content. In accessing or using this Site, you may be exposed to user-created content that is offensive, indecent, inaccurate, objectionable, defamatory, or otherwise inappropriate. Franklin Goose does not endorse such content, and cannot vouch for its accuracy and disclaims all responsibility and liability for such content. You access and use this Site at your own risk.
c. Disclaimer of Liability for Damages. Franklin Goose disclaims all liability for any indirect, special, incidental, punitive, exemplary, reliance or consequential damage; loss of profits; business interruption; loss or damage to reputation of Franklin Goose or any third party; or loss of information or data.
d. Disclaimer or Liability for Use. Communications through the Internet are not secure, and although Franklin Goose uses commercially available security technologies, we cannot guarantee the security or privacy of any information or communication. Franklin Goose further disclaims all liability for any loss or damage arising out of your use of the Site and Site content. Your use of the Site and Site content is at your own discretion and risk, and you will be solely responsible for any resulting loss or damage, including but not limited to any loss of data or damage to your computer from viruses that my be downloaded to your computer in the course of using the Site.
e. Remedy. Your sole and exclusive right and remedy in case of dissatisfaction with this Site or other grievance shall be your account termination and discontinuation of access to, or use of the Site.

 

 

10. Ownership


Franklin Goose owns all Site content, excluding User Content. Franklin Goose additionally owns all intellectual property and proprietary rights associated with the Site Content and the Site, including its trademarks, logos and service marks displayed on the Site. You may not violate the intellectual property and property rights of Franklin Goose or in any way exploit the Site Content or Site, unless expressly authorized by Franklin Goose in writing. Franklin Goose may, in appropriate circumstances and at our discretion, disable or terminate the accounts of users who may be infringing the intellectual property or propriety rights of Franklin Goose or third parties.

 

 

11. Indemnification


You agree to indemnify and hold harmless Franklin Goose from any and all liabilities, claims, demands, causes of action, or suits of whatever nature including, but not limited to, attorneys' fees and litigation expenses, arising from any breach by you of the Terms or Conditions of this Agreement, the Site Terms and Conditions or any other agreement you enter into with us, including without limitation any representation, warranty or covenant contained therein; or failure of you to comply with all applicable laws in connection with any product or service; or any use by you or third parties of the product or services ordered, sold, delivered or provided to you pursuant to or in connection with this Agreement.

 

 

12. Amendment


Franklin Goose may amend the Terms and Conditions of this Agreement at any time by posting the amended terms and conditions to this Agreement on the Site.

 

 

13. Governing Law; Dispute Resolution


This Agreement shall by governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law rules. You agree to be bound by Delaware law in the event of a conflict between you and Franklin Goose. Any dispute between you and Franklin Goose relating to this Agreement shall be resolved by binding arbitration by a panel of one or more arbitrators in accordance with the Rules of Arbitration of the American Arbitration Association. All proceedings will be conducted in English.

 

 

14. General


a. Complete Agreement. These Terms and Condition contain the entire agreement between you and Franklin Goose regarding the use of the Site. No reliance is placed on any representation made but not expressly contained in these Terms and Conditions.
b. Waiver. The failure on our part to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
c. Severability. If any provision contained herein is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms and Conditions shall otherwise remain in full force and effect.
d. Headings. Headings are for reference purposes only and do not limit the scope or extend of such section and have no legal or contractual effect.
e. Transferability. These Terms and Conditions are not assignable, transferable or sublicensable by you except with Franklin Goose's prior written consent, but may be assigned or transferred by us without restriction.
f. Contact. Please contact us with any questions regarding these Terms and Conditions. Please report any violations of these Terms and Conditions. Franklin Goose can be contacted at customersupport@franklingoose.com.

 

 

Updated: November 3, 2011