Franklin Templeton Investments Global (ex-US) Beyond Bulls and Bears Blog Site Terms of Use Agreement

This post is also available in: Chinese (Simplified), Dutch, French, German, Italian, Polish

Please read the following this Terms of Use Agreement before using this website as it is a binding contract between you and Franklin Templeton Investments. It governs your use of this website and all products, services, content, tools and information available through the website. By using or accessing this website, you accept and agree to be bound by these Terms of Use. Franklin Templeton may periodically modify these Terms of Use, and any such modifications will be effective immediately upon posting

This Site is provided by Franklin Templeton Investments for non-US investors.Franklin Templeton may modify, suspend, discontinue or restrict the use and availability of any portion or all of this Site at any time, without notice or liability. Your use of this Site may be monitored by Franklin Templeton for any purpose, without liability.

These Terms are effective as of: September 24, 2014

  • Acceptance of the Terms of Use and any Amendments
  • Site Sponsor
  • Not Intended for U.S. investors
  • Authorized Use and Users
  • Limited License Grant
  • Means of Access and Prohibited Uses
  • User Produced Content and License Grant to Franklin Templeton
  • RSS and Sharing Site Content
  • Linking Permission
  • Trademarks, Copyright Policy, Notice and Claim Information
  • Third Party Content
  • DISCLAIMER OF WARRANTIES
  • Limitation of Liability
  • Indemnification
  • Termination

Acceptance of the Terms of Use and any Amendments

This Terms of Use Agreement (the “Terms of Use”) states the terms and conditions under which you may use this website and all products, services, content, tools, and information available through the website (referred to collectively as the “Site”). Please read the Terms of Use carefully. By accessing, browsing or otherwise using this Site, you acknowledge that you have read, understood and agree to be legally bound by the Terms of Use. If you do not agree to be bound by the terms and conditions of the Terms of Use Agreement, you may not access or otherwise use this website.

These Terms of Use are in addition to, and not intended to modify or amend, any other agreements between you and us, including any customer or account agreements, with regard to matters other than your use of the Site.

Your use of this Site is governed by the Terms of Use in effect on the date this Site is accessed by you. We reserve the right to change the Site and the Terms of Use at any time, without notice. If you use the Site after the amended Terms of Use have been posted, you will be deemed to have agreed to the Terms of Use, as amended.

Site Sponsor

This Site is provided as a service, and for informational purposes only, by Franklin Templeton Investments and all of its subsidiaries and affiliates (collectively, “Franklin Templeton” or “Franklin Templeton Investments” or “we” or “us”) it is not provided by the Franklin Templeton investment companies.

Franklin Resources, Inc. [NYSE: BEN] is a global investment organization operating as Franklin Templeton Investments. Through various Franklin Templeton entities, Franklin Templeton Investments provides global and U.S. investment, shareholder and distribution services to the Franklin, Templeton and Mutual Series Funds (“Funds”) and institutional accounts, as well as separate account management services.

Not intended for U.S. investors.

This Site is not intended for U.S. citizens or residents.  For the U.S Beyond Bulls & Borders blog site, please visit http://us.beyondbullsandbears.com/ . This Site is intended for Global (non-US) use, however, Site Content may refer to products or services that are not available in your country. Consult your local Franklin Templeton office for more information. You should not construe anything on the Site as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country in which you are located.

Access to the Site and the Site Content may not be legal by certain persons or in certain countries, and you access the Site at your own initiative and risk.  Franklin Templeton makes no representation that the Site Content or the Site are appropriate or available for use in your country and access to the Site from countries where the Site contents are illegal, is prohibited.

Because of the global nature of the Internet,  you agree to comply with all local rules with respect to your online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access this Site, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud and privacy.  In addition, you agree to comply with all applicable laws, rules, codes and regulations regarding the transmission of technical data exported from the United States.

Authorized Use and Users

Personal Use.  Except as otherwise permitted in these Terms of Use, this Site is intended only for your personal, noncommercial use unless expressly authorized by Franklin Templeton in writing.

No solicitations. This Site is for informational use.  Nothing on this Site shall be considered a solicitation to buy or an offer to sell, or a recommendation for, a security, or any other product or service.

No investment recommendations or professional advice; use of tools. This Site is not intended to provide any tax, legal, insurance or investment advice, and nothing on the Site should be construed as a recommendation, by us or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction.  If there are certain tools available on the Site that provide general investment or financial analyses based upon your personalized input, such results are not to be construed as our providing investment recommendations or advice. Unless otherwise specified, you alone are solely responsible for determining whether any investment, security or strategy or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.

Limited License Grant

In accordance herewith, subject to acceptance of these Terms of Use, Franklin Templeton grants to you a limited, revocable, nonexclusive, nontransferable license to access, view, download, store, bookmark and print the pages within this Site.  You may also copy, distribute, post, and display the pages within this Site provided that you identify both Franklin Templeton and the Site as the source and place such source attribution in close proximity to the copied, distributed, posted or displayed pages.

Means of Access and Prohibited Uses

The Site is generally intended to be viewed by a conventional web browser with a screen resolution of 640 by 480 pixels or greater. Although you may use other means to access the Site, be aware that the Site may not appear accurately through other access methods, and you use them only at your own risk.  You are responsible for setting the cache settings on your browser to ensure that you are receiving the most recent data. Except for RSS feeds, you should not access the Site through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved by Franklin Templeton in writing.

Because all servers have limited capacity and are used by many people, you may not use the Site in any manner that could damage or overburden any Franklin Templeton server, or any network connected to any Franklin Templeton server. You may not use the Site in any manner that would interfere with any other party’s use of the Site.

Except as otherwise stated in these Terms of Use or as expressly authorized by Franklin Templeton in writing, you may not modify, copy, distribute, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell or exploit any reports, data, information, content, software, electronic feeds such as RSS feeds, products, services or other materials on, generated by or obtained from this Site, whether through links or otherwise (collectively, “Site Content”).

You also may not probe, scan, test the vulnerability or attempt to gain unauthorized access to Site, Site Content or services, systems, networks or servers connected or associated with this Site through hacking, data mining, or any other means.

User Produced Content and License Grant to Franklin Templeton

This Site may contain user produced content, including but not limited to comments, quotations, photographs, graphics, images, logos, user names, illustrations, videos, messages, information, documents and any other materials (collectively ”User Content”) that you submit, upload, post, e-mail, transmit or otherwise make available via the Site (all methods of making material available to or via the Site shall herein be incorporated in the terms “Submit,” “Submitting” or “Submission”).

Except as may be limited by your local jurisdiction’s privacy laws none of the User Content that you Submit via the Site shall be subject to any confidentiality obligations by Franklin Templeton and its affiliates, subsidiaries, directors, officers, employees, agents, licensors and vendors. By Submitting User Content via the Site, you grant Franklin Templeton and its affiliates, subsidiaries, directors, officers, employees, agents, licensors, assigns and vendors a perpetual, worldwide, irrevocable, nonexclusive, paid-up, royalty-free, sub-licensable and transferable  license to copy, broadcast, perform, distribute, store, modify, adapt, translate, publish, sell, create derivative works from or otherwise use any User Content, in any manner, in any medium now known or later developed.  Such use includes but is not limited to use of know-how, ideas, trade secrets or inventions disclosed or derived from the User Content.  You acknowledge that Franklin Templeton may use your User content in any manner without attribution or liability to you or any third party.  Franklin Templeton shall exclusively own all right, title and interest in and to any derivative works or inventions created by or on behalf of Franklin Templeton that incorporate or otherwise make use of any User Content, without compensation or notice, and without liability or attribution, to you or any third party.

By Submitting User Content you warrant and agree that you are solely responsible for the User Content, that you may lawfully Submit the User Content, and that you either own all rights, title and interest in and to the User Content or have express permission from the owner to copy and use such User Content for all purposes related to the Site.

You should not Submit to the Site personal identifying information about yourself, employees of Franklin Templeton or any other person including, but not limited to such identifying information as account numbers and national tax id numbers.

We cannot accept any User Content from children under the age of 13.

You further agree not to Submit any of the following prohibited User Content:

  • Financial or investment advice; offers to buy or sell investments or opportunities to participate in investment schemes;
  • Advertising or solicitations of any sort, including spam;
  • Disguises the origin of any content;
  • Content that impersonates any person or entity, or falsely state or otherwise misrepresents your affiliation with a person or entity;
  • Personal attacks or content that is derogatory toward any Franklin Templeton blogger or employee, any Franklin Templeton product or service, or Franklin Templeton as an entity;
  • Content that is threatening, abusive, harassing, tortious, libelous, defamatory, obscene, unlawful, hateful or otherwise objectionable;
  • Content that infringes upon or otherwise misappropriates the intellectual property or proprietary rights of any third party;
  • Any viruses or malware that could alter Site Content or otherwise interfere with Site use or harm other computers or software;
  • Content that could be deemed harmful to minors in any way, including, but not limited to content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct;
  • Intentionally or unintentionally violates any applicable local, state, national or international laws or regulations.

Franklin Templeton does not control and is not responsible for the User Content Submitted to or via the Site and Franklin Templeton neither guarantees the accuracy, quality or appropriateness of nor endorses any User Content Submitted to the Site.  Franklin Templeton does not claim ownership of any User Content you Submit to the Site. You acknowledge that Franklin Templeton shall have the right in its sole discretion to monitor, post, move, edit, refuse, or remove any User Content, in whole or in part, for any reason whatsoever, without notice and without liability.

RSS and Sharing Site Content

Franklin Templeton grants to you a limited, revocable, nonexclusive right to view, store, bookmark, access, download, display, create hyperlinks to and use the Really Simple Syndication (“RSS”) and sharing features (collectively, the “Site Feeds”) available via this Site.

The Site Feeds may be used in connection with personal and commercial websites provided:

  • The material from the Site Feeds is used in its entirety, including any caveats and disclaimers embedded in the Site Feeds materials without alteration
  • No fee may be charged to allow access to the Site Feeds from your website
  • Your website should be primarily for residents outside the United States (for US focused websites, please use Site Feeds from http://us.beyondbullsandbears.com)

This Site may include widgets which access third party websites for delivery of the Site Feeds or Site Content.  Franklin Templeton does not control or endorse these third party websites and the widgets are provided solely for your convenience.  You should exercise caution when using these widgets and third party websites and only access the widgets and third party website with which you are familiar.

Franklin Templeton reserves the right to discontinue providing all or part of any or all of the Site Feeds to you at any time and require you to cease displaying, distributing or otherwise using any or all of the Site Feeds for any reason including, without limitation, your violation of any provision of these Terms of Use. Franklin Templeton assumes no liability for any of your activities in connection with the Site Feeds or for your use of the Site Feeds in connection with your websites or webpages. You must use the Site Feeds as provided by Franklin Templeton and you may not edit or modify the text, content or links supplied by Franklin Templeton. You agree not to associate any of the Site Feeds with any content that might harm the reputation of Franklin Templeton, its affiliated companies, directors or its employees. You may not use or display the Site Feeds in any manner that suggests that Franklin Templeton promotes or endorses any third party causes, ideas, Web sites, products or services.

Franklin Templeton retains all ownership and other rights in the Site Feeds, Site Content, and any and all Franklin Templeton logos and trademarks used in connection with the Site Feeds. You agree to provide proper attribution to Franklin Templeton as the source of the Site Feeds in reasonable proximity to your use thereof, and you agree that you will not modify the format or branding of the headlines, digests and other information provided in the Site Feeds. The Site Feeds may not be disassembled or otherwise redistributed by third-party RSS providers without our express prior written consent.

Franklin Templeton provides the Site Feeds as they are and shall not be held liable for any losses or damages in connection with your use of the information, content, or material contained therein. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE SITE FEEDS AND SITE CONTENT, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

Linking Permission

Linking to the Site is permitted (“Linking Permission”) solely under the following terms:

  • The link must resolve directly to the Site’s home page at http://global.beyondbullsandbears.com or a page within this Site, unaltered in any way, without first resolving to another site or “pop-up” box with the lone exception to display a notice that the link will take the user to the Franklin Templeton Site.  The link may not resolve to a framed environment or otherwise alter the Site Content or the look and feel of the Site.
  • The text surrounding the link must accurately describe the Site without falsely associating, implying an endorsement or misrepresenting any relationship between the linking site and Franklin Templeton or include any language that might harm the reputation of Franklin Templeton, its affiliated companies, directors or employees. Suggested language for the text identifying the Link is “Franklin Templeton Global (ex-US) Beyond Bulls & Bears Blog” or “http://global.beyondbullsandbears.com.” You may also use the Franklin Templeton logo shown below and unmodified solely in connection with the link:
    logo-tou
  • Franklin Templeton reserves the right to revoke this Linking Permission at any time without notice, liability or indemnity to you.
  • If you will not comply with the terms of the Linking Permission you may not link or otherwise provide links to the Site.

Trademarks, Copyright Policy, Notice and Claim Information

All trademarks, service marks and logos appearing on this Site are the exclusive property of Franklin Templeton or their respective owners.  Except as permitted in the Linking Permission, nothing contained on this Site should be construed as granting any license or right to use any trademarks (see Franklin Templeton Trademarks), service marks or trade dress of Franklin Templeton or any third party.

All Site Content is owned or licensed by Franklin Templeton and its third party information providers, and are protected by United States and international intellectual property laws.  Franklin Templeton reserves the right to remove any content that may infringe third party intellectual property rights.

If you believe any content on this Site infringes your copyrights, please submit the following to Franklin Templeton:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright allegedly infringed;
  2. An identification and a description of the copyrighted material and where the material that you claim is infringing is located on the Site;
  3. Your address, telephone number, and email address;
  4. A statement by you that you have a good faith belief that the disputed use in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on the copyright owner’s behalf.

In accordance with the Digital Millennium Copyright Act, Franklin Templeton designates as its agent to receive notifications of claimed copyright infringement as follows:

J. Matthew Gowdy, Esq.
Senior Corporate Counsel
Franklin Templeton Investments
One Franklin Parkway, San Mateo, CA 94403-1906.
Tel: (650) 312-2000
Fax: (650) 525-7141
e-mail at copyright@frk.com.

Third Party Content

Some of the products, services, content, including any advertisements, tools, and information available through the Site may be provided by companies that are not affiliated with Franklin Templeton (“Third Party Content”) and their source is clearly identified. In some cases, the Third Party Content may be available through a link to a third party site. While Franklin Templeton will generally only provide such information from, or links to, sources considered reliable, Franklin Templeton has not been involved in the preparation, adoption or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content and neither Franklin Templeton nor the Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and Franklin Templeton and the Third Party Content providers specifically disclaim any responsibility for Third Party Content available on the site. You will use Third Party Content only at your own risk. THE THIRD PARTY CONTENT IS PROVIDED ON AN “AS-IS” BASIS.  FRANKLIN TEMPLETON IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT AND LINKS THERETO AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

You acknowledge that in the case of Third Party Content, there may be additional restrictions that apply to its use. You should be careful to examine them (for example, in accompanying statements or caveats or their posted terms of use) because they may be more restrictive than the restrictions Franklin Templeton imposes on the Site.

DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF FRANKLIN TEMPLETON, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “FRANKLIN TEMPLETON PARTIES”) GUARANTEES THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE SITE. NONE OF THE FRANKLIN TEMPLETON PARTIES WARRANT THAT THIS SITE OR DOWNLOADS WILL MEET YOUR NEEDS OR EXPECTATIONS, OR BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. THE FRANKLIN TEMPLETON PARTIES HAVE NO RESPONSIBILITY FOR VIRUSES OR ANY OTHER DAMAGE THAT MAY BE CAUSED TO YOU AS A RESULT OF USING THIS SITE. PERIODS OF VOLATILE OR UNUSUAL MARKET ACTIVITY, IN PARTICULAR, MAY AFFECT SYSTEMS AVAILABILITY OR RESPONSE TIME.

YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE TIMELINESS, USEFULNESS, ACCURACY OR COMPLETENESS OF THE SITE IS ASSUMED SOLELY BY YOU. ALL OF THE FRANKLIN TEMPLETON PARTIES HEREBY SPECIFICALLY DISCLAIM ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE FRANKLIN TEMPLETON PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.

You agree that you are responsible for the means you use to access the Site and understand that your hardware, software, the Internet, your Internet Service Provider, and other third parties involved in connecting you to our Site may not perform as intended or desired.

As with all web sites, this Site may be vulnerable to hacking, viruses, worms or other malware that may interfere with your use and access to the Site or otherwise alter the Site Content, including but not limited to making false investment recommendations.  Such malware may also harm your computer and software used to access the Site.  It is your responsibility to ensure you are using the most up-to-date virus protection software to protect your computer from malware.

Reasonable precautions have been taken to ensure that Site Content is accurate, however, we do not warrant that the Site Content is accurate, complete or timely.  Site Content is presented only as of the date published or indicated and may be superseded by subsequent market events or other reasons. Franklin Templeton has no duty to update this Site or any Site Content. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM ANY ACTIONS, INACTION OR INVESTMENT DECISIONS TAKEN BY YOU BASED ON THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE DATA OR INFORMATION PRESENTED THROUGH THIS SITE.

Limitation of Liability

YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF OUR SITE IS TO STOP USING THE SITE. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE FRANKLIN TEMPLETON PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING BUT NOT LIMITED TO: LOSS OF REVENUE, TRADING LOSSES, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; ANY FAILURE OF PERFORMANCE, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DEFECT, OPERATOR ERRORS, INCONVENIENCE OR DELAY IN OPERATION OR TRANSMISSION OR COMPUTER VIRUS; FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET); SEVERE OR EXTRADODINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD); FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT; OR THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY, EVEN IF THE FRANKLIN TEMPLETON PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES. FURTHER, THE FRANKLIN TEMPLETON PARTIES WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THESE TERMS OR WITH APPLICABLE FEDERAL, STATE AND LOCAL LAWS.

THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF: (I) ANY NEGLIGENCE OR GROSS NEGLIGENCE OF ANY FRANKLIN TEMPLETON PARTY OR (II) WHETHER THE LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LEGAL LIABILITY; AND WILL REMAIN IN EFFECT EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF WARRANTIES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THOSE JURISDICTIONS, THE FRANKLIN TEMPLETON PARTIES’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE FRANKLIN TEMPLETON PARTIES’ AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).

Indemnification

You agree to indemnify, defend and hold harmless Franklin Templeton, its subsidiaries and affiliates, and each of its and their officers, directors, employees and agents, from and against all claims, demands, liabilities, damages, losses or expenses, including attorney’s fees and costs, arising out of or related to (i) your improper access to or use of this Site, (ii) any violation by you of these Terms of Use, (iii) any User Content that you Submit to or via the Site or (iv) any actual or alleged infringement or violation by you of the intellectual property or other proprietary right of any third party.

Governing Law, Forum, Severability

Failure by Franklin Templeton to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right. This Site is controlled and operated by Franklin Templeton from its offices within California in the United States of America. The laws of the State of California (“Governing Law”) govern these Terms. If you take legal action relating to these Terms, you agree to file such action only in the state courts of the City and County of San Mateo, California, or the United States District Court for the Northern District of California, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.

If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions shall remain in full force and effect.

You shall comply with all laws, rules and regulations by any governmental authority or agency which govern or apply to the operation and use of the Site. Without limiting the foregoing, you agree to comply with such restrictions and not to export or re-export any of the Site to countries or persons prohibited under the export control laws of the United States. These Terms of Use inures to the benefit of Franklin Templeton, its successors and assigns. You may not assign the Terms of Use. No waiver shall be effective unless in writing. All rights not expressly granted herein are reserved by Franklin Templeton.

Termination

You acknowledge and agree that Franklin Templeton may restrict, suspend or terminate the Terms of Use or your access to, and use, of the all or any part of Site, including any links to third-party sites, at any time, with or without cause, including but not limited to any breach of the Terms of Use, in Franklin Templeton’s absolute discretion and without prior notice or liability. The relevant version of the Terms of Use shall continue to apply to all prior use of the Site. The following paragraphs of this Terms of Use shall survive termination of your use or access to the Site: paragraphs concerning Indemnification, Disclaimers, Limitations of Liability, Termination and General Provisions, and any other provision that by its terms survives termination of your use of or access to the Site.