TERMS AND CONDITIONS OF USE AGREEMENT
FRANCHISE SERVICES, INC.
IMPORTANT! PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS THIS WEBSITE
1. WELCOME. Welcome to the Franchise Services, Inc. (“FSI”) website available at www.franserv.com, and www.franchiseservices.com and/or under other URLs and related or linked web pages of FSI’s franchise brands: Sir Speedy Printing & Marketing Services (www.sirspeedy.com), PIP Printing & Marketing Services (www.pip.com), Signal Graphics (www.signalgraphics.com), and TeamLogic IT (www.teamlogicit.com), among others, developed, hosted, maintained or operated by FSI or our designees (collectively “our sites”). In this Terms and Conditions of Use Agreement (this “Agreement”), FSI, its affiliates, or our designees are sometimes referred to as “we”, “us” or “our”, unless otherwise indicated. “You” and “Your” means You individually or on behalf of the entity You warrant You are authorized to represent.
2. USE OF SITES. Your use of this site is governed by this Agreement. Please read it carefully. Your use of this site also indicates Your acceptance of these terms and conditions and Your access to and use of the web pages, sub-pages, URLs, links, information, and other content and services offered on or through this site. In order to use this site, You must obtain access to the World Wide Web directly or through devices that access web-based content and pay any and all service fees, if any, associated with such access.
3. ADULT USE ONLY. The use of this site is intended for adults only and is not intended for use by or availability by minors. If You are under 18 years of age or not legally an adult under the law where You live, You may not access this site.
4. LINKS TO FRANCHISE BRAND WEBSITES. This FSI website may contain links to other websites or web pages including, but not limited to, websites operated by or for our franchise brands and franchisees. When using these other websites, You may be subject to additional guidelines, rules, terms and conditions of use, privacy policies, or different invoice terms and conditions specific to offered services, which may be posted on these websites from time to time, or communicated directly to You by the specific franchised center conducting business with You. Your access and use of these websites shall be governed by the rules, policies, and terms and conditions of use of those websites and not this Agreement.
5. LINKS TO OTHER WEBSITES. This site may also contain links to sites that are owned, operated and maintained by third parties, other than by or for our franchisees, which are provided as a convenience to You. These linked sites are not under our control and we are not responsible for the accuracy of the content on such sites, or the privacy practices of such sites. We do not monitor nor review the content of such sites, and You expressly understand that Your access by link to such sites is at Your own risk.
6. MODIFICATIONS/TERMINATION: FSI and its affiliates or designees reserve the right to make modifications, alterations or updates to this site and these Terms & Conditions at any time and without notice to users and to discontinue, temporarily or permanently, this site, with or without notice to You. You agree that we will not be liable to You for any modification, general suspension or discontinuance of this site or services. We may refuse or restrict anyone from access to this site or services at any time. You accept the affirmative obligation to periodically review whether or not these Terms & Conditions have changed, and Your continued use of this site shall be deemed an acceptance and agreement to be bound by such modifications, alterations or updates.
7. YOUR ACCEPTANCE. By accessing and/or using this site, You acknowledge and agree that You have read and understand this Agreement and that You accept and agree to be legally bound by this Agreement, as it may be amended or supplemented from time to time by us.
8. RELATIONSHIP. Unless otherwise expressly stated, FSI’s brands of franchised centers are independently owned and operated franchised locations. FSI does not provide quotes for or provide any of the products or services available at the franchised centers. The franchised centers operate as separate legal entities under franchise agreements between them and us. They are not our agents or employees. They do not have any right to speak for us or on our behalf or bind us to any contracts or obligations. FSI is not responsible for any acts or omissions of our franchised centers.
9. COPYRIGHT/TRADEMARKS. You agree that Your use of this site is at Your own risk. The Content (as defined below), and our proprietary software, are subject to the following reservation of intellectual property rights by us.
All content included on this site, including without limitation, text, graphics, logos, trademarks, trade names, button icons, images, pre-designed templates, sounds, software, processing and other functionality, and all other material placed by us (collectively called the “Content”), and the collection, arrangement and assembly of the Content, is the property of or licensed by us or our suppliers and service providers and is protected by U.S. and international copyright laws. The trademarks, trade names, logos, color schemes, service marks, slogans, emails, URLs, meta-tags, key words, search descriptions and the like and means of identifying products or services displayed on our sites are our or our licensors registered or common law marks (collectively, the “marks”). You will not adopt or use any of the marks or the like that are the same or are confusingly similar to the marks. The Content on all pages of our sites is provided solely for Your use to interact with us and/or franchise locations and may not be used by You, or any other person or entity, for any other purpose. Users do not receive any copyright in or to the Content itself. No interest in the Content, whether in whole or in part, may be sold, assigned, encumbered, licensed or otherwise transferred by You or any third parties. Neither Your use of the Content nor the creation of products or materials using such Content create joint authorship, joint ownership or “works made for hire” with us in or regarding such Content.
You may not create any links from Your website to any of our sites or any website which bears the Marks of our copyrighted materials without our express written consent. If You wish to link to our sites for any reason, You must contact us to obtain our prior written approval, which we may withhold in our discretion.
You shall not violate or attempt to violate the security of this site. You shall not:
(i) access data or materials not intended for You;
(ii) log into a server or account which You are not authorized to access;
(iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
(iv) attempt to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the services, overloading, “flooding,” “mailbombing” or “crashing” the services. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
You shall not use any tools, programs, robotic algorithms or products to automatically download or spider this site or any of the pages of this site.
When using any services provided via this site, You may elect to upload or otherwise submit materials to the site (collectively, “Materials”). We do not supervise the uploading of any User-provided Materials to this site, although we reserve the right to do so. You agree, represent and warrant that in using any services, You will not upload, submit or otherwise transmit to this site any Content that violates any applicable Federal, state or local laws, including, but not limited, to the following:
- Materials that are unlawful, threatening, abusive, defamatory, obscene or which invade another person’s privacy or further the commission or concealment of a crime.
- Materials that are not lawfully Yours to transmit.
- Materials that are the subject of, or which infringe upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity.
- Materials containing software viruses or other harmful computer code; or Materials that in any way interfere with or disrupt the services or any servers or networks connected to or used with the services (any of the foregoing, “Unauthorized Materials”).
We take no ownership in any Materials uploaded to this site, except we retain our rights in and to the Content that is present on the site or that may be created and/or supplied by or for us.
You also warrant and confirm that You own the copyright or have permission to copy any documents or Materials You submit online, and agree to defend, indemnify and hold us and our respective officers, directors, agents and employees, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney fees incurred by us in defending against such suit, demand or claim.
10. LIMITATIONS AND DISCLAIMERS. THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED OR OFFERED THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. USE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS ON THIS SITE IS AT THE USER’S SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION, CONTENT, PRODUCTS OR MATERIALS ACCESSIBLE VIA THIS SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS OR WILL BE TIMELY, UNITERRUPTED, SECURE, OR ERROR-FREE.
NEITHER WE NOR OUR PARENTS OR ANY OF OUR/THEIR AFFILIATES, SUBSIDIARIES, SUPPLIERS, FRANCHISEES OR SERVICE PROVIDERS IN ANY EVENT WILL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, SPECIAL CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES UNDER ANY THEORY OF LAW
(I) ARISING OUT OF USER’S USE OF THIS WEBSITE IN ANY MANNER;
(II) FOR ANY ERRORS IN THE INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS ON THIS SITE;
(III) FOR THE PROVISION OR USE OF ANY INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS VIA THIS WEBSITE;
(IV) (FOR ANY NONDELIVERY, MISDELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS OR FOR ANY OTHER REASON), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA OR USER-PROVIDED MATERIALS, EVEN IF YOU HAVE ADVISED US, OUR PARENTS OR ANY OF OUR/THEIR AFFILAITES, ETC., OF THE POSSIBILITY OF SUCH DAMAGES.
11. APPLICABLE LAW. You agree that any proceeding concerning these Terms & Conditions or other uses of this site shall be brought in Orange County, California, and You consent to the exercise of personal jurisdiction over You by such courts, and California law shall apply, without giving effect to any principles or conflicts of law.
13. INDEMNIFICATION. You agree to indemnify, defend and hold us, our officers, directors, employees, owners, agents, affiliates. subsidiaries, franchisees, suppliers and representatives harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys’ fees) that arise directly or indirectly from;
(a) Your breach of any provision of these Terms & Conditions;
(b) any allegation that any Materials You provided constitute Infringing Materials;
or (c) any of Your activities conducted in connection with this site.
14. DISPUTE RESOLUTION – ARBITRATION. You agree that any dispute or disagreement between the parties relating to this Agreement (including any claim that all or some of this Agreement is invalid, illegal or otherwise voidable or void) shall be submitted to and determined in binding arbitration under the Rules for Commercial Arbitration of the American Arbitration Association. You also agree that punitive damages shall not be available as a remedy for any breach of or any dispute relating to this Agreement. The arbitration proceeding shall be held in Orange County, California, and such arbitration shall be held at such venue. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. 1 et seq. You waive any right to trial by Jury. The arbitration shall be conducted by a single neutral arbitrator. The arbitrator shall be appointed by the American Arbitration Association under the Rules for Commercial Arbitration of the American Arbitration Association. The decision rendered by the arbitrator shall be final and binding upon the parties to the arbitration and may be entered as a judgment in, and enforced by, any court of competent jurisdiction.
15. MISCELLANEOUS. The prevailing party in any action at law or in equity or other proceeding shall be entitled to its reasonable attorneys’ fees and other costs reasonably incurred in any action or proceeding. Failure to enforce or take advantage of any provision hereof shall not constitute a waiver of the right subsequently to force or take advantage of such provision. The captions of this Agreement are for convenience of reference only and in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. We may assign our rights and obligations under this Agreement, without notice to any affiliate of FSI or any party or its affiliate acquiring all or substantially all of the assets or stock by merger or otherwise or FSI or any affiliate or FSI. This Agreement may not be assigned by You without our prior written consent. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provision and/or provisions shall continue in full force and effect and shall in no way be affected, impaired or invalidated.
This Agreement is effective as of and was last updated on August 16, 2010.
FRANCHISE SERVICES, INC.
Information Collection: FSI collects information from the users of the Site at several different points on the Site. For example, FSI collects and/or requests information when a user is interested in becoming a franchise owner:
- Completes the “Get Started” form
- Requests information
- Submits an E-mail
In order to fulfill the requests of Site users in the above instances, the user may be requested to provide contact and other information. If FSI has trouble processing a request, this contact information will be used by FSI to contact the user. You may voluntarily provide to us personally identifiable information such as your name, address, email, phone number, capital to invest, and net worth, among other things, when you fill out the Get Started form. We may also collect other personally identifiable information that you choose to include in any communications that you send to us. We may use your personally identifiable information to respond to your requests for information and provide you with information about FSI and our brands.
Gathering and Sharing of Information, Links to External and Co-Branded Websites: We monitor traffic patterns on the Site and gather broad demographic information for aggregate use to analyze trends and administer the Site in order to improve its layout and design and to permit Site personalization and streamlining to create the best experience we can for our users. In order to perform analysis permitting such personalization and improvement of site design and user experience, we may employ suitable third parties with whom we share the information necessary to accomplish these objectives. These statistics include no personally identifying information.
Where appropriate, we share aggregated statistical information with our business partners. These statistics include no personally identifying information.
We may provide personal identifying information in special cases such as enforcement of our Terms and Conditions of Use, or as required by law or legal process to protect and defend the rights and safety of our Site and its users.
By using this Site you agree to be bound by any such revisions in effect at the time of use and you should therefore periodically visit this page and the Site Terms and Conditions of Use page to determine the then current policies applicable to users of the Site.
Security Information: Precautions are taken to protect the information of the users of our Site. When users submit sensitive information via the Site, that Information is protected both online and off-line.
We take information security seriously and use a variety of technical solutions to make using our Site safe.
We protect user- information off-line. Only those of our employees who need the information to perform a specific job are granted access to personally identifiable information. Furthermore, our employees are kept up-to-date on our security and privacy practices.
Log Files: We use IP addresses to analyze trends, administer the site, track user’s movement and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
Surveys, Contests, Promotions: From time-to-time we may request information from the users of the Site via surveys, contests or promotions. Participation in these surveys, promotions or contests is completely voluntary, and the users of the Site have a choice whether or not to disclose this information. Information requested may include contact information (such as your name and shipping address), and demographic information (such as ZIP Code, age level, etc.). We use such information to notify contest winners, award prizes, and for analyzing the Site traffic to improve the user’s experience on the Site.
You may request to stop receiving marketing or promotional communications by sending us a written request to the address listed below or by following the opt-out instructions in the email you receive from us. You may review, change, or request deletion of your contact information and preferences at any time by:
Emailing us at: firstname.lastname@example.org
Writing to us at: Franchise Services, Inc.
26722 Plaza Drive
Mission Viejo, CA 92691
However, to the extent that corrected or deleted information is also stored in other databases, we cannot always ensure that such corrections or deletions will immediately reach the other databases. Some information may be retained for longer periods as required by law, contracts or auditing requirements.
Children’s On-line Privacy: FSI recognizes the particular importance of protecting the privacy of children. Consistent with the Children’s Online Privacy Protection Act (COPPA), we will not knowingly collect any personally identifiable information from children under the age of 13. When a user uses our site or one of our associated websites, the user is representing to us that they are an adult. If a child has provided us with personally identifiable information, we ask that a parent or guardian contact us immediately and we will delete the information pertaining to the child from our records.