ACCEPTANCE OF TERMS

FrankBillingsley.com (“FrankBillingsley.com”) provides services on its web property “FrankBillingsley.com” to you subject to this Terms of Use (“Terms of Use”). FrankBillingsley.com reserves the right to update the Terms of Use at any time without notice to you.  You can review the most current version of the Terms of Use by clicking on the “Terms of Use” link located at the bottom of the web pages on the FrankBillingsley.com Website.

DESCRIPTION OF SERVICES

FrankBillingsley.com, through its FrankBillingsley.com Website, provides you with a variety of resources, including but not limited to selling a physical book, web services, information relating to FrankBillingsley.com, and the ability to communicate electronically with the FrankBillingsley.com (the “Services”).  FrankBillingsley.com does not represent or warrant that the information provided by the FrankBillingsley.com Website is accurate.

CHANGES TO TERMS OF USE

FrankBillingsley.com may from time-to-time, and at its sole discretion, modify the Terms of Use. FrankBillingsley.com reserves the right to impose charges for any features or services.  The modified Terms of Use will be effective immediately upon posting.  You agree to the new posted Terms of Use by continuing your use of the FrankBillingsley.com Website.  You agree to review the Terms of Use periodically and your continued use of the FrankBillingsley.com Website following such modification will indicate your acceptance of these modified Terms of Use.  If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the FrankBillingsley.com Website.

PRIVACY POLICY

See the FrankBillingsley.com Privacy Policy for information regarding the collection and use of your personal information and any non-personal communication, comments, ideas or material you post or transmit to the FrankBillingsley.com.  You consent to FrankBillingsley.com using such information and materials collected by the FrankBillingsley.com Website under the terms of the FrankBillingsley.com Privacy Policy.  

INTELLECTUAL PROPERTY

The materials displayed on or contained within the FrankBillingsley.com Website including, without limitation, design, text, photographs, illustrations, artwork and other graphic materials, and names, logos, trademarks and service marks (the “Materials”), are the property of FrankBillingsley.com or its licensors and are protected by copyright, trademark and other intellectual property laws.  The FrankBillingsley.com name, designs and related marks contained within the FrankBillingsley.com Website are trademarks of FrankBillingsley.com.  You acknowledge and agree that the FrankBillingsley.com Website and the Materials are the property of FrankBillingsley.com, and/or the respective service providers, suppliers or licensors and that you will not acquire any rights or licenses in any trademarks, patents, copyright or other intellectual property on the FrankBillingsley.com Website or in its Materials.  The FrankBillingsley.com Website and its Materials are protected by copyright, both individually and as a collective work or compilation and by trademark and patent laws, and other applicable laws.  

FrankBillingsley.com hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use, display and make a reasonable number of copies of the Materials (excluding the design or layout of any FrankBillingsley.com Website) for noncommercial and personal use only in accordance with the Terms of Use.  Any copies that you make of the Materials must retain all copyright and other notices.  Use of the Materials is only permitted with the express written permission of FrankBillingsley.com, and where applicable, its licensors.  Except as expressly provided for in this Terms of Use, you may not reproduce, modify, publish, transmit, display, perform, distribute, disseminate, broadcast or circulate any Materials to any third party, or participate in the transfer or sale of, create derivative works or in any way exploit the content of the FrankBillingsley.com Website or any portion thereof without express prior written consent of FrankBillingsley.com.  You are not permitted to use any of the trademarks of FrankBillingsley.com, or its respective licensors, suppliers or service providers displayed on the FrankBillingsley.com Website without the prior written consent of FrankBillingsley.com or the third party that owns the trademark.  No portion of the content on the FrankBillingsley.com Website may be stored in a computer except for personal and non-commercial use.

YOUR OBLIGATIONS

You may use the FrankBillingsley.com Website’s features, offerings and content for lawful purposes only.  By using the FrankBillingsley.com Website, you indicate and represent that you have the power and authority to accept the Terms of Use and to enter into this agreement with FrankBillingsley.com, that you are capable of assuming, and do assume, any risks related to the use of the FrankBillingsley.com Website and its Materials, and that you understand and accept the terms, conditions and risks relating to their use.   If you do not agree with the Terms of Use or are in any way dissatisfied with the FrankBillingsley.com Website or its Materials, your exclusive remedy is to discontinue using the FrankBillingsley.com Website.

LICENSE AND WARRANTY FOR YOUR SUBMISSIONS

By providing materials and/or information (the “Authorized Materials”) to FrankBillingsley.com, you represent and warrant that you are entitled to provide such Authorized Materials, and that it is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights (including, without limitation, copyrights).

You grant FrankBillingsley.com a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to FrankBillingsley.com to distribute, publish, add, remove, retain and use any Authorized Materials provided by you, without any further consent, notice and/or compensation to you or to any third parties. Any Authorized Materials you provide to FrankBillingsley.com is at your own risk of loss.

NO ENDORSEMENT OF THIRD PARTY SITES

The FrankBillingsley.com Website may contain links to or reference third party websites, resources and advertisers (“Third Party Sites”).  Your linking to such Third Party Sites is at your own risk. FrankBillingsley.com is not responsible for the accuracy or reliability of any content information, data, opinions, advice, or statements made on the Third Party Sites. FrankBillingsley.com is also not responsible for the availability of these Third Party Sites nor is it responsible for, the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such Third Party Sites.  No endorsement of any third party content information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to the FrankBillingsley.com Website.  Under no circumstances shall FrankBillingsley.com or any affiliated providers be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance on any content, information, data, opinions, advice, statements, goods, services or products available on such Third Party Sites.  You should direct any concerns to the respective Third Party Site’s administrator or webmaster.  Any links to Third Party Sites do not imply that FrankBillingsley.com is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked Third Party Site is authorized to use any trademark, trade name, logo or copyright symbol of FrankBillingsley.com.

DISCLAIMERS OF WARRANTY

The content provided on the FrankBillingsley.com Website is for informational purposes only.  The FrankBillingsley.com and each of its licensors, service providers and suppliers assume no liability for any inaccurate, delayed or incomplete information, nor for any actions taken in reliance thereon.

YOU EXPRESSLY AGREE THAT USE OF THE FRANKBILLINGSLEY.COM WEBSITE IS AT YOUR SOLE RISK.  THE FRANKBILLINGSLEY.COM WEBSITE MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS AND IT IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND.  FRANKBILLINGSLEY.COM, ITS LICENSORS, SERVICE PROVIDERS AND SUPPLIERS MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING.  FRANKBILLINGSLEY.COM, ITS LICENSORS, SERVICE PROVIDERS AND SUPPLIERS ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS.  FRANKBILLINGSLEY.COM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE FRANKBILLINGSLEY.COM WEBSITE. FRANKBILLINGSLEY.COM MAY MAKE ANY OTHER CHANGES TO THE FRANKBILLINGSLEY.COM WEBSITE AT ANY TIME WITHOUT NOTICE.

LIMITATIONS OF LIABILITY

FRANKBILLINGSLEY.COM AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON ANY CONTENT ON THE FRANKBILLINGSLEY.COM WEBSITE OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY CONTENT ON THE FRANKBILLINGSLEY.COM WEBSITE (OR A THIRD PARTY WEBSITE LINKED TO THE FRANKBILLINGSLEY.COM WEBSITE), OR ANY OTHER CAUSE; AND EVEN IF CAUSED BY THE FRANKBILLINGSLEY.COM’S OR ITS RESPECTIVE LICENSORS’, SERVICE PROVIDERS’ OR SUPPLIERS’ NEGLIGENCE, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY.  ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THE TERMS OF USE.

PROTECTING INFORMATION

The FrankBillingsley.com Website has reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control.  However, complete confidentiality and security is not yet possible over the Internet. FrankBillingsley.com assumes no liability for any damages you may suffer as a result of interception, alteration or misuse of any information transmitted over the Internet.

VIOLATIONS OF TERMS OF USE

FrankBillingsley.com reserves the right to seek all remedies available at law and in equity for violations of the Terms of Use, including the right to block or restrict access from a particular Internet address to the FrankBillingsley.com Website.

INDEMNIFICATION

You agree to indemnify, defend, and hold the FrankBillingsley.com and its respective shareholders, members, partners, directors, managers, officers, employees, agents, information providers, suppliers, and attorneys harmless from any and all liabilities, losses, claims, and expenses, including, but not limited to, all legal fees and costs arising from or relating to (a) your failure to comply with any of the Terms of Use; and (b) your use of the FrankBillingsley.com Website.  FrankBillingsley.com has no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, the Terms of Use or the FrankBillingsley.com Website.

GOVERNING LAW

The Terms of Use shall be governed by and construed in accordance with the statutes and laws of the Texas or the federal laws of the United States, as applicable, without regard to the conflict of laws principles thereof.  You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use or your access to or use of the FrankBillingsley.com Website resides in the courts located in Harris County, Texas.  You further expressly agree to submit to the exclusive personal jurisdiction of the courts located in Harris County, Texas for the purpose of litigating any such claim or action, or with respect to any and all matters arising in connection with the Terms of Use.

MISCELLANEOUS

This Section and the provisions of the Terms of Use addressing disclaimers of representations and warranties, indemnity obligations, intellectual property and governing law shall survive the termination of the Terms of Use.

This Terms of Use and the Privacy Policy, constitute the entire agreement between the FrankBillingsley.com and you with respect to your use of the FrankBillingsley.com Website, and supersedes all previous written or oral agreements.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  The section headings used herein are for convenience only and shall not be given any legal import.

BY USING THE FRANKBILLINGSLEY.COM WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE.

Updated: June 1st, 2017