1. Acceptance of Terms
The information and features included in this Web Site have been compiled from a variety of sources, are for informational purposes only, and are subject to change at any time without notice. This Web Site and all information it contains are provided "AS IS." By accessing or linking to this Web Site, you assume the risk that the information on this Web Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. We may add, change, discontinue, remove or suspend any of the Content at any time, without notice and without liability.
3. Intellectual Property Information and Restrictions
This Web Site and all of the information it contains, or may in the future contain, such as articles, opinions, other text, directories, guides, photographs, illustrations, digital still images, digital video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Content") are owned by Franchising.com or other third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties.
Unless otherwise expressly authorized in these Terms or on the Web Site, you may not modify, frame, reproduce, sell, publish, perform, reuse, repost and/or display any portion of the Content. Other than as set forth herein, nothing contained on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content displayed on the Web Site in any manner without the prior written consent of Franchising.com or such third party that may own the Content displayed on the Web Site. ANY UNAUTHORIZED USE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. Unless your use of the Content is otherwise authorized in accordance with these Terms, requests to use the Content should be directed to firstname.lastname@example.org .
4. Copyrights and Copyright Agents
We respect the intellectual property of others and we ask that our users to do the same. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512, we have designated a copyright agent to receive notice of claims of copyright infringement on the Web Site. Our copyright agent is Benjamin Foley, who may be reached by telephone at (408) 402-5681 x 208 or by email at email@example.com .
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
5. Associated Press Content Restrictions
Associated Press ("AP") text, photo, graphic, audio and/or video material ("AP Materials") shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither AP Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. The AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
6. Disclaimers/Limitations on Liability/Indemnity
Franchising.com and its parent company(ies) and its and their subsidiaries, divisions, affiliates, directors, officers, partners, agents, and assigns (the "Franchising.com Affiliates") make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Web Site and/or the Content. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Franchising.com or the Franchising.com Affiliates.
The Internet may be subject to breaches of security. Franchising.com and the Franchising.com Affiliates are not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail submissions over the Internet may not be secure, and you should consider this before e-mailing the Web Site, Franchising.com or the Franchising.com Affiliates any information. Franchising.com and the Franchising.com Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Web Site. This Web Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.
Franchising.com AND THE Franchising.com AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEB SITE, THE CONTENT, AND ANY OTHER MATERIALS CONTAINED THEREON.
YOU AGREE THAT Franchising.com AND THE Franchising.com AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEB SITE, ITS CONTENT, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR ITS CONTENT, EVEN IF Franchising.com OR THE Franchising.com AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE WEB SITE OR ITS RELATED INFORMATION OR PROGRAMS. THE WEB SITE CONTAINS FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. THE WEB SITE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS AND/OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS AND/OR RECOMMENDATIONS IS AT YOUR SOLE RISK AND THAT NEITHER Franchising.com NOR THE Franchising.com AFFILIATES GIVE TAX, LEGAL OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. IN NO EVENT WILL Franchising.com OR THE Franchising.com AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL Franchising.com OR THE Franchising.com AFFILIATES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
BY ACCESSING THIS WEB SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD Franchising.com AND THE Franchising.com AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE(INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF YOUR REPRESENTATIONS; (B) YOUR VIOLATION OF THESE TERMS OR ANY LAW; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THIS WEB SITE AND/OR THE CONTENT IN VIOLATION OF THESE TERMS; (D) Franchising.com'S AND/OR THE Franchising.com AFFILIATE'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE; (E) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; AND/OR (F) ANY MISREPRESENTATION MADE BY YOU. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN Franchising.com'S DEFENSE OF ANY CLAIM. Franchising.com RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF Franchising.com.
7. Your Use Of The Web Site/Information You Submit
As a user of the Web Site, you agree not to use the Content for any unlawful purposes and not to violate Franchising.com's rights or the rights of others, including, by, without authorization, creating any derivative works based on the Content. Franchising.com reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to the Web Site and/or Franchising.com for any reason, including a determination by Franchising.com, in Franchising.com's sole discretion, that such content, is abusive, defamatory, obscene, in violation of intellectual property, privacy or other proprietary rights, or otherwise violates these Terms. Without in any way limiting our right to remove or edit content, when using the Web Site, you are prohibited from:
(i) violating any law; (ii) violating any right of Franchising.com or any third party; (iii) posting material that is abusive, obscene, profane, vulgar, defamatory, threatening or hateful; (iv) posting material that is false or misleading; (v) uploading or transmitting viruses, Trojan horses or other harmful, disruptive or destructive files or posting material that unfairly interferes with any third party's uninterrupted use and enjoyment of the Web Site; (vi) posting material that advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; and/or
(vii) using or attempting to use another's information, account, password, service or system except as expressly permitted (collectively, "Non-Approved Content").
8. User Forums
Any Web Site user forums, bulletin boards, chat rooms or other interactive areas ("User Forums") are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. Franchising.com DOES NOT ENDORSE THE CONTENT CONTAINED IN SUCH USER FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH MATERIAL) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY MATERIAL PROVIDED THROUGH THIS WEB SITE.
9. Linking Policy
If you link to this Web Site, we require that you follow these guidelines. The link to this Web Site must not damage, dilute or tarnish the goodwill associated with any Franchising.com names and/or intellectual property, nor may the link create the false appearance that your web site and/or organization is sponsored by, endorsed by, affiliated and/or associated with Franchising.com. You agree that you will not link to the Web Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate.
Under no circumstances may you "frame" this Web Site or alter its intellectual property or Content in any way. Franchising.com reserves the right, in its sole discretion, to terminate a link with any Web site that it deems inappropriate or inconsistent with the Web Site and/or these Terms. Neither Franchising.com nor the Franchising.com Affiliates are responsible for the content or performance of any portion of the Internet including other World Wide Web sites to which this Web Site may be linked or from which this Web Site may be accessed. Users are requested to inform Franchising.com of any errors of inappropriate material found on web sites to which this Web Site is or may be linked.
10. Third Parties
Third party advertisers may offer goods, services and other materials to you on the Web Sites. Your correspondence and business dealings with advertisers found on or through the Web Sites including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services, and other Materials on the Web Sites.
Descriptions of, or references to, products or publications within the Web Sites do not imply endorsement of that product or publication.
Your dealings or communications through the Web Site with any party other than Franchising.com are solely between you and that third party. Under no circumstances will the Web Site, Franchising.com and/or the Franchising.com Affiliates be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
11. Membership & Registration
Certain areas of the Web Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Web Site. When you provide information to the Web Site, you agree to provide only true, accurate, current and complete information on all registration pages.
If you register with the Web Site, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Web Site using your name in whole or in part. Franchising.com reserves the right to terminate membership and/or deny access to the Web Site to any person in its sole discretion.
12. Fees & Payments
Franchising.com reserves the right at any time to charge fees for access to all or portions of the Web Site. However, in no event will you be charged for access to the Web Site unless we obtain your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account, including, without limitation, to charges for any products or services offered for sale through the Web Site by Franchising.com or by any other company at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Web Site.
This Web Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion.
Franchising.com operates the Web Site in the United States. Information contained on the Web Site may not be appropriate or available for use in other locations, and access to this Web Site from territories where the content of the Web Site may be illegal is prohibited. If you access the Web Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. You may not use the Web Site or export the Content in violation of U.S. export laws and regulations. These Terms shall be construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles and will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to the Terms and/or your use of this Web Site must be filed in the County of Santa Clara, City of San Jose, State of California within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred.
15. Violations Of These Terms
Franchising.com will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may result in restrictions on your access to all or part of the Web Site and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of Franchising.com. Franchising.com reserves the right to modify or discontinue this Web Site, or any portion thereof (including User Forums) without notice to you or any third party. Upon termination of your membership or access to the Web Site, or upon demand by Franchising.com, you must destroy all materials obtained from this Web Site and all related documentation and all copies and installations thereof. You are advised that Franchising.com will aggressively enforce its rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution against you.
16. Additional Terms
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Franchising.com. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect
17. Contact Us
For questions or comments regarding these Terms and/or the Web Site please contact firstname.lastname@example.org. These Terms were last updated on September, 8th 2010.