These Terms of Use govern your access to and use of Franklin Global’s website, digital properties, and related services. Please read them carefully before using our site.
Contact: contact@franklinglobal.org | Address: 5900 Balcones Drive #32077, Austin, TX 78731
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR ANY OF OUR SERVICES. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE OUR WEBSITE OR SERVICES.
1. Introduction and Acceptance of Terms
These Terms of Use (“Terms”) constitute a legally binding agreement between you and Franklin Global Online LLC, doing business as Franklin Global, and its affiliated entities (“Franklin Global,” “we,” “our,” or “us”), governing your access to and use of our website located at franklinglobal.org and any related digital properties, pages, content, tools, services, and communications (collectively, the “Site” or “Services”).
By accessing or using the Site, submitting an inquiry, completing an application, or engaging with any of our Educational Services, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are accessing the Site on behalf of a minor, you represent that you are the Parent or Guardian of that minor and accept these Terms on their behalf.
If you do not agree to these Terms, you must not access or use our Site or Services. Your continued use of the Site following any modification of these Terms constitutes acceptance of the modified Terms.
2. Definitions
For the purposes of these Terms, the following definitions apply:
- “Admissions Portal” or “Application Portal” means the third-party platform through which prospective students submit formal applications to Franklin Global.
- “Content” means all text, graphics, images, photographs, audio, video, data, software, and other material available on or through the Site, whether provided by Franklin Global or by users.
- “Educational Services” means the academic programs, curriculum, instruction, tutoring, advising, and related services provided by Franklin Global in connection with its educational programs, including services delivered to students and their families, authorized educators and tutors, and where applicable, individuals or institutions served through partnership or vendor arrangements.
- “Enrollment Agreement” means the separate written agreement entered into between Franklin Global and an enrolled student’s Parent or Guardian upon acceptance, governing the terms and conditions of the student’s participation in Franklin Global’s educational programs, including tuition, fees, withdrawal policies, academic expectations, and school conduct standards.
- “Franklin Global,” “we,” “our,” or “us” means Franklin Global LLC, the operator of this Site and provider of educational services.
- “Parent” or “Guardian” means the parent or legal guardian of a Student.
- “Privacy Policy” means Franklin Global’s Privacy Policy, available at https://franklinglobal.org/privacy-policy/, which governs the collection and use of personal information.
- “Services” means all content, tools, features, programs, and offerings made available through the Site, including without limitation informational content, inquiry forms, event registrations, educational resources, and related communications.
- “Site” means the Franklin Global website at franklinglobal.org and all related pages, subdomains, and digital properties operated by Franklin Global.
- “Student” means a learner who is enrolled in or applying to Franklin Global’s educational programs.
- “Student Data” means personally identifiable information related to an enrolled or prospective Student that is collected, maintained, or processed by Franklin Global or its authorized service providers in connection with the admissions process or the delivery of Educational Services. Student Data includes, but is not limited to, enrollment records, academic transcripts, assessment results, records of academic progress, attendance and participation data, Student-generated content and platform activity, Parent and Guardian contact information, and any other information that constitutes an “education record” as defined under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g. Student Data does not include de-identified or aggregated information that cannot reasonably be used to identify an individual Student.
- “User,” “you,” or “your” means any individual who accesses or uses the Site, including prospective families, enrolled families, students, educators, tutors, partner representatives, university representatives, and other visitors.
3. Scope – Who These Terms Apply To
These Terms apply to all Users of the Site, regardless of the purpose or nature of their visit. Franklin Global serves multiple audiences through this Site, and the following categories of users should be aware of how these Terms apply to their specific interactions:
A. Prospective Families and Visitors
If you are visiting the Site to learn about Franklin Global, submit an inquiry, register for an event, or explore enrollment options, these Terms govern your use of the Site and any information or communications you receive or provide in that context.
B. Enrolled Students and Their Families
If you are an enrolled student or the Parent or Guardian of an enrolled student, these Terms apply to your use of the Site. In addition, your relationship with Franklin Global is governed by the Enrollment Agreement, school policies, and applicable education law, including FERPA to the extent applicable. To the extent of any conflict between these Terms and Franklin Global’s Enrollment Agreement or school policies, the Enrollment Agreement and school policies govern.
C. Educators, Tutors, and Academic Personnel
If you are an educator, tutor, or other academic personnel interacting with the Site, these Terms apply to your use of the Site. Your access to Student Data or our Educational Services is additionally governed by your agreement with Franklin Global and applicable education privacy law.
D. Partner Organizations and Universities
If you are accessing the Site on behalf of a partner organization, corporate partner, or university, these Terms apply to your use of the Site. Any formal relationship between your organization and Franklin Global is governed by a separate written agreement.
E. Vendors and Service Providers
If you are a third-party vendor or service provider, your relationship with Franklin Global is governed by a separate service agreement. These Terms apply to your use of the public Site only.
4. Age, Parental Consent, and Children’s Privacy
Franklin Global’s Site serves multiple audiences, including adults, enrolled students, and prospective learners across grades 6–12. This section describes the age-related terms that apply to each category of user.
A. Adults (18 and older)
The Site’s primary audience is adults, including Parents, Guardians, educators, tutors, partner representatives, and other stakeholders. By using the Site, adults represent that they are at least 18 years of age and have the legal capacity to agree to these Terms.
B. Minors Between the Ages of 13 and 17
Franklin Global serves students in grades 6–12, and certain areas of the Site, including content designed for prospective learners, are accessible to individuals in this age range. Minors between the ages of 13 and 17 may use the Site only with the consent and supervision of a Parent or Guardian. By permitting a minor in this age range to use the Site, a Parent or Guardian accepts these Terms on that minor’s behalf and takes responsibility for ensuring the minor’s use of the Site complies with these Terms. For enrolled students in this age range, Parent or Guardian consent is obtained as part of the Enrollment Agreement.
C. Children Under the Age of 13 (COPPA)
The Site is not designed to collect personal information directly from children under the age of 13, and Franklin Global does not knowingly permit children under 13 to independently access or use the Site or provide personal information through it. The only personal information Franklin Global collects about children under 13 is information provided by a Parent or Guardian in connection with the admissions and enrollment process. By enrolling a child under 13 in Franklin Global’s programs, a Parent or Guardian consents to the collection and use of that child’s information as described in our Privacy Policy, consistent with the Children’s Online Privacy Protection Act (COPPA) and its implementing regulations, including the FTC’s 2025 COPPA Rule amendments effective June 23, 2025.
If Franklin Global becomes aware that a child under the age of 13 has independently provided personal information through the Site without verifiable parental consent, we will take prompt steps to delete that information. If you believe this has occurred, please contact us at privacy@franklinglobal.org.
5. Account Registration and Responsibilities
Certain areas of the Site or associated platforms may require you to create an account or provide registration information. By registering, you agree to:
- Provide accurate, complete, and current information at all times;
- Maintain and promptly update your registration information to keep it accurate, complete, and current;
- Maintain the confidentiality of your account credentials, including your username and password;
- Accept responsibility for all activities that occur under your account;
- Notify Franklin Global immediately of any unauthorized use of your account or any other security breach at contact@franklinglobal.org;
- Not share your account credentials with any other person or allow any other person to access your account.
Franklin Global reserves the right to suspend or terminate accounts that are found to contain inaccurate information, that have been used in violation of these Terms, or that pose a security risk to Franklin Global, its Students, or its systems.
You are responsible for all activity that occurs through your account, whether or not authorized by you. Franklin Global is not liable for any loss or damage arising from your failure to maintain the security of your account credentials.
6. Permitted Use of the Site and Services
Subject to your compliance with these Terms, Franklin Global grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for the following permitted purposes:
- Exploring information about Franklin Global and its educational programs;
- Submitting inquiries, completing contact forms, and registering for events or information sessions;
- Initiating or completing the admissions process in connection with enrollment at Franklin Global;
- Accessing educational content, resources, and communications provided to Students, educators, or partners in connection with Franklin Global’s programs;
- Communicating with Franklin Global staff and personnel through authorized channels;
- Any other use expressly authorized by Franklin Global in writing.
This license is for personal, non-commercial use only. All rights not expressly granted in these Terms are reserved by Franklin Global.
7. Prohibited Conduct
By using the Site, you agree that you will not, directly or indirectly:
A. Unlawful or Harmful Conduct
- Use the Site for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation;
- Engage in any conduct that is fraudulent, deceptive, abusive, harassing, threatening, defamatory, or otherwise harmful to Franklin Global, its Students, families, staff, or partners;
- Attempt to access the accounts, data, or systems of other Users without authorization;
- Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
B. Technical Interference
- Attempt to probe, scan, or test the vulnerability of the Site or any associated systems;
- Circumvent, disable, or otherwise interfere with security features of the Site;
- Use any automated tool, script, bot, spider, scraper, or other means to access, collect, or index information from the Site without Franklin Global’s express written consent;
- Introduce any virus, malware, ransomware, or other harmful code into the Site or associated systems;
- Engage in any activity that could damage, disable, overburden, or impair the Site or its servers.
C. Intellectual Property Violations
- Copy, reproduce, distribute, publish, transmit, modify, create derivative works of, or publicly display any Content from the Site without Franklin Global’s prior written permission;
- Remove, alter, or obscure any proprietary notices, labels, or markings on the Site or its Content;
- Use Franklin Global’s name, logo, trademarks, or other intellectual property without prior written consent.
D. Misuse of Educational Platforms and Student Data
- Access, collect, or use Student Data or personal information in a manner inconsistent with FERPA, COPPA, or applicable education privacy law;
- Share, disclose, or transmit Student Data to unauthorized parties;
- Use Student Data for commercial purposes or for any purpose unrelated to authorized educational functions;
- Record, capture, or distribute live sessions, instructional content, or Student interactions without prior written authorization from Franklin Global.
E. AI and Automated Tools
- Use AI-generated content or automated tools to circumvent academic integrity standards or misrepresent the origin of submitted materials;
- Use any portion of Franklin Global’s content, curriculum, or platform outputs to train commercial AI models without Franklin Global’s prior written consent.
Students, tutors, educators, and other authorized personnel are additionally subject to Franklin Global’s Acceptable Use Policy, which governs conduct within Franklin Global’s educational platforms, learning environment, and institutional community. In the event of any conflict between these Terms and the Acceptable Use Policy, the Acceptable Use Policy governs with respect to conduct within the educational environment.
8. Admissions, Enrollment, and Educational Services
A. Admissions Process and Portal
Franklin Global uses a third-party admissions management platform to facilitate the application process. While that platform is operated and hosted by a third-party provider, Franklin Global remains responsible for the personal information submitted through it in accordance with our Privacy Policy and applicable law. The third-party provider’s own terms of service and privacy policy also govern your use of that platform, and you are encouraged to review those policies before submitting your application.
B. Accuracy of Admissions Information
By submitting information through the admissions process, you represent and warrant that all information provided is truthful, accurate, complete, and not misleading. Providing false, inaccurate, or fraudulent information in connection with an application or enrollment may result in denial or revocation of admission, termination of enrollment, and such other remedies as Franklin Global deems appropriate.
C. No Guarantee of Admission
Submission of an inquiry, completion of an application, or participation in an information session does not guarantee admission to Franklin Global. Franklin Global reserves the right to accept or decline applications at its sole discretion, consistent with its Nondiscrimination Policy and applicable law.
D. Enrollment Agreement
Upon acceptance and enrollment, Students and their families will be required to enter into a separate Enrollment Agreement that governs the terms and conditions of the Student’s participation in Franklin Global’s educational programs. The Enrollment Agreement will address tuition, fees, refund and withdrawal policies, school rules, academic expectations, and other matters specific to the enrolled student relationship. In the event of any conflict between these Terms and the Enrollment Agreement, the Enrollment Agreement controls with respect to matters specific to enrollment and Educational Services.
E. Tuition and Financial Obligations
Information about tuition, fees, and financial obligations for Students is set forth in the Enrollment Agreement and any related financial disclosure documents provided during the admissions process. These Terms do not establish or modify any financial obligations between Franklin Global and enrolled families.
F. Educational Services Availability
Franklin Global reserves the right to modify, suspend, or discontinue any aspect of its educational programs or Services at any time, with reasonable notice to enrolled families where practicable. Where Franklin Global provides educational programs or Services in a vendor or service-provider capacity pursuant to a written agreement with a contracting institution or organization, any modification, suspension, or discontinuation of those Services is governed by the terms of that agreement, and nothing in these Terms supersedes Franklin Global’s contractual obligations in that context. Franklin Global is not liable to any User for any modification, suspension, or discontinuation of Services, except as may be set forth in the applicable Enrollment Agreement or governing service agreement.
9. Parental and Guardian Responsibilities
Franklin Global serves students in grades 6–12, the majority of whom are minors. Parents and Guardians play a critical role in supporting their Student’s educational experience. By enrolling a minor in Franklin Global’s programs, Parents and Guardians agree to:
- Accept these Terms on their minor child’s behalf;
- Supervise their minor child’s use of Franklin Global’s Site, platforms, and digital tools;
- Ensure their minor child complies with these Terms, applicable school policies, and applicable law;
- Maintain accurate and current contact and enrollment information throughout the Student’s enrollment;
- Cooperate with Franklin Global staff and educators in support of the Student’s academic progress and well-being;
- Promptly notify Franklin Global of any changes in the Student’s circumstances that may affect their enrollment, safety, or access to Educational Services;
- Ensure that their minor child’s use of digital platforms and tools provided in connection with Franklin Global’s programs complies with the terms of service of those platforms.
Parents and Guardians are responsible for supervising their minor child’s use of the Site and for ensuring that their minor child does not independently disclose personal information beyond what is necessary for educational purposes. While Franklin Global takes reasonable steps to limit the collection of personal information from minors consistent with applicable law, Franklin Global cannot be responsible for personal information a minor discloses independently and in violation of these Terms or parental instructions, except to the extent Franklin Global has actual knowledge of such disclosure and is required by applicable law to take action in response.
10. Intellectual Property and Ownership
A. Ownership of Site Content
The Site and all Content available on or through the Site, including without limitation text, graphics, logos, images, audio clips, video, data, curriculum materials, course content, software, and the overall design, selection, and arrangement of the Site, are owned by or licensed to Franklin Global and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.
Nothing in these Terms transfers any ownership interest in the Site or its Content to you. All rights not expressly granted in these Terms are reserved by Franklin Global and its licensors.
B. Franklin Global Trademarks and Brand Assets
The Franklin Global name, logo, brand identity, and all related marks, names, and trade dress are the property of Franklin Global or its affiliates. You may not use any Franklin Global trademark, service mark, logo, or trade dress without the prior written consent of Franklin Global. Unauthorized use of Franklin Global’s marks may constitute trademark infringement and/or unfair competition under applicable law.
C. Limited License to Users
Subject to these Terms, Franklin Global grants you a limited, non-exclusive, non-transferable, revocable license to access and view Content on the Site solely for your personal, non-commercial use in connection with exploring Franklin Global’s programs or, if enrolled, participating in your Student’s educational experience. This license does not include the right to:
- Copy, reproduce, publish, or distribute any Content from the Site without Franklin Global’s prior written permission;
- Modify or create derivative works based on the Site or its Content;
- Sell, lease, sublicense, or otherwise commercialize any Content;
- Use the Site or its Content for any purpose other than the permitted uses described in these Terms.
D. Educational Curriculum and Materials
All curriculum, lesson plans, instructional materials, assessments, and other educational content provided to enrolled Students through Franklin Global’s programs are the proprietary intellectual property of Franklin Global or its licensed content providers. Enrolled Students and their families receive a limited license to use these materials solely for educational purposes in connection with the Student’s enrollment at Franklin Global. Such materials may not be copied, distributed, resold, or repurposed outside of the Student’s personal educational use without express written authorization.
E. Copyright Infringement Claims (DMCA)
Franklin Global respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), if you believe that any Content on the Site infringes upon your copyright, please provide us with written notice (“Notice”) by contacting our Designated Agent at contact@franklinglobal.org with the subject line “DMCA Notice”, including the following information:
- A description of the copyrighted work you claim has been infringed;
- A description of where the allegedly infringing material is located on our Site;
- Your contact information, including name, address, telephone number, and email address;
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or applicable law;
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf;
- Your physical or electronic signature.
11. User-Generated Content and Submissions
Certain areas of the Site or associated platforms may allow Users to submit, post, upload, or share content, including inquiries, form responses, blog comments, testimonials, or other communications (“User Content”). By submitting User Content, you represent and warrant that:
- You own or have the necessary rights to submit the User Content;
- The User Content does not infringe any third-party intellectual property rights, privacy rights, or other rights;
- The User Content is accurate and does not contain any unlawful, threatening, abusive, harassing, hateful, vulgar, obscene, false, misleading, defamatory, or harmful statements;
- The User Content complies with these Terms and applicable law.
By submitting User Content to Franklin Global, you grant Franklin Global and its affiliates a non-exclusive, royalty-free, perpetual, worldwide, sublicensable right and license to use, reproduce, modify, display, publish, distribute, prepare derivative works from and otherwise exploit all such content and materials in connection with Franklin Global’s institutional activities, marketing, and educational programs, subject to our Privacy Policy. Furthermore, you grant Franklin Global, its affiliates, and sublicensees the right to use your name and/or username in connection with the content.
Franklin Global reserves the right to remove, prohibit, edit, or refuse to post any User Content at its sole discretion, without notice or liability, including but not limited to content that violates these Terms, is inappropriate, or is otherwise objectionable.
Franklin Global is not responsible for, and does not endorse, any User Content submitted by Users. You assume sole responsibility for any User Content you submit and any consequences thereof.
12. AI-Enabled Features and Adaptive Learning Tools
Franklin Global may incorporate artificial intelligence (AI) technologies, adaptive learning tools, and related features into its educational programs and platforms (“AI-Enabled Features”). The following terms apply to the use of any AI-Enabled Features:
- AI-Enabled Features may generate content, recommendations, assessments, or feedback that is personalized to a Student’s learning profile. Such outputs are generated by automated systems and may not be reviewed by a human educator prior to delivery.
- Franklin Global does not warrant the accuracy, completeness, or appropriateness of content generated by AI-Enabled Features. AI-generated content is intended to support, not replace, the judgment of qualified educators and the informed decisions of families. You should not rely on AI-generated content as the sole or primary basis for any educational, academic, medical, legal, financial, or other significant decision.
- Student Data processed through AI-Enabled Features is used solely for educational purposes and is governed by our Privacy Policy and applicable education privacy law. Franklin Global does not use, and does not permit its educational technology vendors or AI tool providers to use, Student Data to train commercial AI models under any circumstances.
- You may not use AI-Enabled Features, or any outputs generated by them, in a manner that violates applicable law, these Terms, or Franklin Global’s academic integrity standards.
- Franklin Global reserves the right to modify, update, or discontinue AI-Enabled Features at any time. The availability of specific AI-Enabled Features may vary and is not guaranteed.
Franklin Global’s use of artificial intelligence tools and features in its educational programs is further governed by Franklin Global’s Artificial Intelligence Use Policy, which is incorporated by reference and available at https://franklinglobal.org/artificial-intelligence-use-policy/.
13. Communications and Marketing Consent
By submitting an inquiry form, registering for an event, or otherwise providing your contact information through the Site, you consent to receive communications from Franklin Global, including:
- Responses to your inquiries and requests;
- Information about Franklin Global’s programs, course offerings, admissions events, and enrollment opportunities;
- Newsletters, updates, and other communications relevant to your interaction with Franklin Global;
- Transactional communications related to applications, enrollment, and Educational Services.
You may opt out of marketing and promotional communications at any time by clicking the “unsubscribe” link in any email communication or by contacting us at privacy@franklinglobal.org. Please note that opting out of marketing communications will not prevent you from receiving transactional or administrative communications necessary for your relationship with Franklin Global.
By providing a telephone number, you may be given the option to consent to receive calls or text messages from Franklin Global regarding our educational programs and Services. Message and data rates may apply. You may opt out of phone or text communications by following the opt-out instructions in any such communication or by contacting us directly.
14. Tutor and Educator Access
Tutors, educators, and other academic personnel who are granted access to Franklin Global’s platforms, student information systems, or educational tools in connection with serving Students agree to the following in addition to these Terms:
- Access to Student Data is granted solely for the purpose of delivering authorized Educational Services to Students and is subject to applicable education privacy law, including FERPA, to the extent applicable.
- All Student Data accessed in connection with your role at Franklin Global is confidential. You may not use, disclose, share, or retain Student Data for any purpose outside of your authorized educational function without prior written authorization from Franklin Global.
- You will comply with all data protection agreements, confidentiality requirements, and policies applicable to your engagement with Franklin Global in connection with the Services.
- You may not record, capture, or distribute live session content or Student interactions without prior written authorization from Franklin Global.
- Your access to Franklin Global’s platforms and systems may be revoked at any time if you violate these Terms, applicable law, or the terms of your engagement agreement with Franklin Global.
15. Third-Party Links, Platforms, and Services
A. External Links and Non-Integrated Third-Party Resources
The Site and Services may contain links to external third-party websites, platforms, social media profiles, and other resources that are not owned, operated, or controlled by Franklin Global. Franklin Global provides these links for informational purposes only and does not endorse, control, or assume responsibility for the content, privacy practices, terms of service, or security of any such external third-party resource. Your use of any external third-party site or service is at your own risk and is governed by the terms and policies of that third party. Franklin Global strongly encourages you to review the terms and privacy policies of any third-party site or service before providing personal information or relying on its content.
B. Integrated Educational Technology Platforms
Certain third-party platforms, including educational technology tools, learning management systems, and student information systems, are integrated into Franklin Global’s Educational Services and may be accessed by Students, families, tutors, and educators in connection with those Services. Where Franklin Global directs Students to use a third-party platform as part of a course or educational program, Franklin Global retains its obligations under applicable education privacy law, including FERPA (to the extent applicable) and COPPA, with respect to any Student Data shared with or collected by that platform. Franklin Global selects and contracts with these vendors to support its educational mission and requires them to comply with applicable data protection obligations through written agreements consistent with FERPA (to the extent applicable), COPPA, and applicable state student data privacy laws. These platforms also operate under their own terms of service and privacy policies, which govern your general use of those platforms independent of your participation in Franklin Global’s programs.
The Admissions Portal, through which Students and families submit applications to Franklin Global, may be operated by a third-party provider on behalf of Franklin Global and linked from the Site as part of the admissions process. While the Admissions Portal is not used for Student course delivery, Franklin Global remains responsible for personal information submitted through it in accordance with our Privacy Policy and applicable law.
C. Scope of Franklin Global’s Responsibility
Franklin Global is not responsible for any damages or losses arising from your use of external third-party sites or resources that are not integrated into the Services and are accessed through or in connection with the Site. With respect to integrated educational technology platforms, Franklin Global’s liability is governed by these Terms, the applicable Enrollment Agreement or governing service agreement, and applicable law.
16. Privacy and Student Data
Your use of the Site and Services is also governed by our Privacy Policy, available at https://franklinglobal.org/privacy-policy/, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, disclose, and protect personal information and Student Data in connection with your use of the Site and Services.
Franklin Global handles Student education records in compliance with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g (to the extent applicable), the Children’s Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq., and applicable state student data privacy laws. To the extent of any conflict between these Terms and applicable education privacy law with respect to the handling of Student Data, applicable education privacy law controls.
By using the Site, you acknowledge that you have read our Privacy Policy and consent to the collection and use of your personal information as described therein.
17. Disclaimer of Warranties
THE FOLLOWING PROVISIONS LIMIT FRANKLIN GLOBAL’S LIABILITY. PLEASE READ CAREFULLY.
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
FRANKLIN GLOBAL DOES NOT REPRESENT OR WARRANT TO YOU THAT:
- THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR MEET YOUR REQUIREMENTS OR EXPECTATIONS;
- ANY INFORMATION OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT;
- DEFECTS IN THE SITE OR ITS SYSTEMS WILL BE CORRECTED;
- THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FRANKLIN GLOBAL MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING EDUCATIONAL OUTCOMES, ACADEMIC RESULTS, COLLEGE PLACEMENT, OR ANY OTHER OUTCOME ASSOCIATED WITH ENROLLMENT IN ITS PROGRAMS. OUTCOMES MAY VARY BASED ON INDIVIDUAL STUDENT EFFORT, ENGAGEMENT, AND CIRCUMSTANCES BEYOND FRANKLIN GLOBAL’S CONTROL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, FRANKLIN GLOBAL’S WARRANTIES ARE LIMITED TO THE MINIMUM SCOPE PERMITTED BY APPLICABLE LAW.
18. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FRANKLIN GLOBAL, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, SYSTEM FAILURE, COST OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF FRANKLIN GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, ACCESS TO, OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES, ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE OR SERVICES, OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.
IN NO EVENT SHALL FRANKLIN GLOBAL’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR SERVICES EXCEED ONE HUNDRED DOLLARS ($100). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN FULL; IN SUCH JURISDICTIONS, FRANKLIN GLOBAL’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
19. Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Franklin Global, its officers, directors, members, employees, agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to:
- Your violation of these Terms;
- Your use of the Site or Services in a manner not authorized by these Terms;
- Your violation of any third-party rights, including intellectual property rights, privacy rights, or other proprietary rights;
- Your violation of any applicable law or regulation;
- Any User Content you submit, post, or transmit through the Site;
- Your negligence, fraud, or willful misconduct.
Franklin Global reserves the right, at its own expense, to assume exclusive control of the defense of any matter subject to indemnification by you. You agree to cooperate with Franklin Global’s defense of any such claim.
20. Dispute Resolution and Governing Law
A. Governing Law
These Terms and any dispute arising out of or related to them or the Site shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Except as specified in the Dispute Resolution section below, the exclusive location for any claim or action related to these Terms or the use of the Services is the federal or state courts located in the State of Texas.
B. Informal Resolution
Before initiating any formal dispute resolution process, you agree to first contact Franklin Global at contact@franklinglobal.org with a written description of your dispute and the relief you are seeking. Franklin Global will attempt in good faith to resolve the dispute informally within thirty (30) days of receipt of your notice. The foregoing is a condition precedent that must be fulfilled before commencing arbitration. This informal resolution requirement does not limit the parties from engaging in informal communications to resolve a dispute. The parties agree to toll the statute of limitations and any filing fee deadlines for formal dispute resolution pending this informal process.
C. Dispute Resolution
If a dispute cannot be resolved informally, any dispute, claim, or controversy arising out of or related to these Terms, the Site, or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, with the arbitration to be conducted in the State of Texas or, if mutually agreed by the parties in writing, by remote proceedings. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Nothing in this Section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or prevent irreparable harm.
D. Waiver of Class Action
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND FRANKLIN GLOBAL AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AND FRANKLIN GLOBAL KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL.
Notwithstanding the foregoing, any dispute or claim arising from or relating to sexual assault or sexual harassment, as those terms are defined under applicable federal law, shall not be subject to mandatory arbitration under these Terms and may be brought in a court of competent jurisdiction.
E. Time Limitation on Claims
Any claim arising out of or related to these Terms or your use of the Site must be filed within one (1) year after the claim arose, subject to any tolling period applicable under Section 20(B) during the pendency of the informal resolution process. Claims filed after this period are permanently barred. This limitation does not apply to: (a) claims arising under applicable state consumer protection laws that impose a longer limitation period; (b) claims involving minors, for which the limitations period shall be tolled until the minor reaches the age of majority as permitted by applicable law; or (c) any claim for which a shorter or longer limitations period is mandated by applicable law and cannot be contractually modified.
21. Termination and Suspension
Franklin Global reserves the right, in its sole discretion, to suspend, restrict, or terminate your access to the Site or Services at any time and for any reason, including but not limited to:
- Violation of these Terms;
- Conduct that Franklin Global determines to be harmful, threatening, fraudulent, or otherwise inappropriate;
- Requests from law enforcement or other government agencies;
- Discontinuation of the Site or a portion of its Services;
- Security concerns or technical issues.
Upon termination of your access to the Site or Services, your license to use the Site and its Content will immediately terminate. Sections of these Terms that by their nature should survive termination, including without limitation Sections 10 (Intellectual Property), 17 (Disclaimer of Warranties), 18 (Limitation of Liability), 19 (Indemnification), 20 (Dispute Resolution), and 23 (General Provisions), shall survive any termination or expiration of these Terms.
Termination of access to the Site does not affect the rights and obligations of Students and their families under the Enrollment Agreement, which is governed by its own terms.
22. Changes to These Terms
Franklin Global reserves the right to modify, update, alter, or replace these Terms at any time, in its sole discretion. When we make changes, we will update the “Last Updated” date at the top of these Terms and post the updated Terms on the Site.
Your continued use of the Site following the posting of updated Terms constitutes your acceptance of the modified Terms. If you do not agree to the updated Terms, you must discontinue your use of the Site.
We encourage you to review these Terms periodically to stay informed of any changes. The most current version of these Terms is always available at https://franklinglobal.org/terms-of-use/.
23. General Provisions
A. Entire Agreement
These Terms, together with the Privacy Policy and, for Students, the Enrollment Agreement, constitute the entire agreement between you and Franklin Global with respect to your use of the Site and Services, and supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral, relating to such subject matter.
B. Severability
If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, severed from these Terms. The remaining provisions of these Terms shall remain in full force and effect.
C. No Waiver
No waiver by Franklin Global of any breach or default of these Terms by you shall be deemed a waiver of any subsequent breach or default, and shall not affect the other provisions of these Terms.
D. Assignment
You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of Franklin Global. Franklin Global may assign or transfer its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of all or substantially all of its assets.
E. Notices
All notices from you to Franklin Global required or permitted under these Terms shall be in writing and sent to contact@franklinglobal.org with the appropriate subject line, or by mail at 5900 Balcones Drive #32077, Austin, TX 78731. All notices from Franklin Global to you will be sent to the email address you have provided in connection with your use of the Site or Services. Notice shall be deemed given upon transmission by email, provided no notification of delivery failure is received.
F. Force Majeure
Franklin Global shall not be liable for any failure or delay in performance of its obligations under these Terms arising from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, governmental actions, cyberattacks, or failure of third-party infrastructure.
G. Relationship of the Parties
You agree that no agency, partnership, joint venture, employment, or franchise relationship exists between you and Franklin Global as a result of these Terms, our Privacy Policy or any use of the Site. Neither party has authority to bind the other in any respect.
H. Headings
Section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
24. Accessibility
Franklin Global is committed to making its Site accessible to all users, including individuals with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, consistent with our Accessibility Statement available at https://franklinglobal.org/accessibility-statement/.
If you experience difficulty accessing any portion of the Site or have suggestions for improving accessibility, please contact us at contact@franklinglobal.org.
25. Nondiscrimination
Franklin Global is committed to providing equal access to its educational programs and Services without discrimination on the basis of race, color, national origin, religion, sex, gender identity or expression, sexual orientation, disability, age, citizenship status, veteran status, or any other characteristic protected by applicable federal, state, or local law.
If you believe you have experienced discrimination in connection with Franklin Global’s programs or Services, please contact us at contact@franklinglobal.org. Franklin Global’s full Nondiscrimination Statement is available at https://franklinglobal.org/nondiscrimination-statement/.
26. Contact Us
If you have questions, concerns, or requests regarding these Terms or your use of the Site, please contact us:
Franklin Global
Mailing Address: 5900 Balcones Drive #32077, Austin, TX 78731
Email: contact@franklinglobal.org
For questions about student education records under FERPA, please include the Student’s name, enrollment status, and a description of your request.
For concerns about accessibility, please use the subject line “Accessibility.”
For DMCA copyright notices, please use the subject line “DMCA Notice.”