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Terms of Use
These Terms of Use (the “Terms of Use”) establish the terms under which Fabian, LLC (the “Firm”) grants you, the user, (“You”) a limited license to access the website available at www.thefranchisecafe.com (the “Website”) for the purposes described herein. The Website is offered subject to your acceptance without modification of these Terms of Use and all other operating rules, policies and procedures that may be published from time to time on the Website (collectively, the “Agreement”). If You do not agree to abide by the terms of the Agreement, you may not access the Website.
No Legal Advice.
This website is attorney advertising. The information provided herein is for educational and promotional purposes only, and does not constitute legal advice.
Limited License; Ownership of Intellectual Property Rights
You may use the Website solely for the purposes of browsing, researching for consumer purposes, and contacting the Firm for purposes of inquiring about or purchasing, the services advertised on the Website. Any other use of the Website without the express written consent of The Firm is expressly prohibited.
All text, graphics, logos, images, designs, photographs, code, product listings and other content on the Website (collectively, “Content”), except as otherwise noted on the Website, is the exclusive property of the Firm and is protected by United States and international trademark and copyright laws. The compilation of all Content on this site is also the exclusive property of the Firm and is protected by U.S. and international trademark and copyright laws. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of the Firm.
The Franchise Café℠, IP Protection Suite℠, and other names, slogans, graphics, logos, and designs appearing on the Website are trademarks, service marks and/or trade dress of the Firm. The Firm’s trademarks, service marks and trade dress may not be used, in whole or in part, including as part any trademark, service mark, trade dress or domain name, in connection with any product or service in any manner that is likely to cause confusion with the products or services offered by the Firm, and may not be copied, imitated, or used for any commercial purpose without the express prior written consent of the Firm. You may not use any metatags or any other “hidden text” incorporating the Firm’s trademarks without the Firm’s express, prior written consent.
User Email
You agree, represent and warrant that any and all email addresses You submit to the Website or the Firm will be Your own personal, active email addresses. By using the Website You agree to comply with the Firm’s right to institute reasonable means to verify the accuracy and legitimacy of any email addresses that You submit.
Advertisement not an Offer
The Website and all Content promoting and displaying the products and services sold by the Firm are advertisements only, and do not constitute binding offers of sale. Your order constitutes an offer for purchase, which may be accepted or declined by the Firm.
Links
The Firm is not responsible for, and will not be held liable for, the content or practices of any websites that link to the Website, or for which links are provided on the Website. You access all other websites at Your own risk. A link on the Website to another website does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Firm.
DISCLAIMER AND WAIVER OF LIABILITY
The Firm assumes no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Website or any Content. The Firm is not and will not be responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers, providers, mobile phone equipment, or software on account of technical problems or traffic congestion on the Internet or any website, or resulting from Your use of (including making purchases through) the Website. The Firm will not under any circumstances be responsible for any loss or damage occurring as a result of Your voluntary use of the Website.
Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by The Firm.
THE WEBSITE AND CONTENT ARE PROVIDED “AS-IS” AND THE FIRM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE FIRM DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE AND/OR THE CONTENT ARE FULLY ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE WEBSITE, THE CONTENT OR ANY SERVERS HOSTING ANY OF THE FOREGOING ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE THE SAME CAUTION IN THE USING THE WEBSITE THAT YOU SHOULD USE WHEN ACCESSING ANY OTHER WEBSITE, AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES, LOSS OR OTHER HARM OF ANY KIND THAT MAY RESULT THEREFROM.
IN NO EVENT WILL THE FIRM OR ITS OWNER BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR CONTENT.
Modification of Terms of Use
The Firm may, in its sole discretion, change, modify, add, or delete portions of these Terms of Use from time to time. In the event of any change or changes to these Terms of Use, the revised Term of Use will be posted on this page of the Website. Your continued use of the Website after any such changes will constitute Your acceptance of the new Terms of Use. If for any reason You do not agree to abide by these or any future Terms of Use you may not access (or continue to use or access) the Website.
Use by Minors
The Website is not intended for or directed to persons who are minors. Because the Firm cannot prohibit minors from accessing, viewing, browsing, visiting or using the Website, it relies on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By using the Website, You represent that You either (i) are legally permitted to enter into a binding contract (i.e. You are not under eighteen (18) years of age [or the age of majority in your jurisdiction, if different]); or, (ii) You have the express permission from Your parent or guardian to use the Website.
Governing Law; Consent to Jurisdiction
These Terms of Use and any action related thereto will be governed by the laws of the State of Maryland, without regard to or application of its conflict of law provisions. All claims, disputes, legal proceedings or litigation arising in connection with the Website or Content to which the Firm is a party will be brought solely in Maryland, and by accessing the Website You consent to the jurisdiction of and venue in the state and federal courts of Maryland and waive any objection as to inconvenient forum.
Copyright Complaints
All users of the Website are prohibited from uploading, posting or otherwise transmitting on the Website or to The Firm any materials that violate another party’s intellectual property rights. When The Firm receives proper, valid notification of alleged copyright infringement pursuant to any applicable law, The Firm will promptly remove or disable access to the allegedly infringing material as required by and in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 101 et seq. If you believe that any Content on the Website infringes upon any copyright that you own or control, you may send a written notification of such infringement to the Firm at jeff@thefranchisecafe.com with the subject line, “DMCA Notice”.
Entire Agreement
This Agreement constitutes the entire agreement and understanding between You and the Firm concerning Your access to, and use of, the Website. Each provision of these Terms of Use will be construed as independent of, and severable from, every other provision. If any provision of this Agreement is deemed unlawful in any way, such provision will be deemed interpreted and/or modified to as necessary to make such provision lawful or, if such construction is not permitted or available, the offending provision will be deemed stricken herefrom and the remainder of these Terms of Use will continue in full force and effect.
The failure of the Firm to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision in that or any other instance.
Privacy Policy
This Privacy Policy (the “Privacy Policy”) describes how Fabian, LLC (the “Firm”) collects, uses, discloses, transfers and stores information that you, the user (“You”) submit through www.thefranchisecafe.com (the “Website”). Please take a moment to familiarize Yourself with this Privacy Policy before you use the Website or place any orders through the Website. If You do not accept the terms of this Privacy Policy you may not access the Website.
Collection and Use of Credit Card Data and Other Personal Information
The Firm may request and collect Personal Information from You any time You contact the Firm. “Personal Information” may include your name, phone number, address, email address, any other information that can be used to uniquely identify or contact You, and your credit card, debit card, payment account or other billing information that You submit in connection with an order for purchase.
The Firm will not actively seek out or investigate Your Personal Information, unless it is necessary to do so in order to pursue a claim against You. Generally speaking, the Firm will only obtain and retain such Personal Information as You submit through the Website or communications between You and the Firm, and as may be shared by third-party service providers, such as shipping, credit card and billing companies.
The Firm may use Your Personal Information as follows:
- To respond to inquiries that You submit through the Website;
- For other internal purposes such as auditing, record keeping and data analysis; and,
- To comply with any and all applicable laws, rules and regulations.
Collection and Use of Non-Personal Information
The Firm may also collect non-personal information from or relating to You in connection with Your use of the Website. Such non-personal information may include, but will not necessarily be limited to: activities on the Website; Internet surfing habits and tendencies; and, geographic location identifiers, such as time zone, zip code and area code. The Firm may use, transfer and disclose non-personal information for any purpose.
Use of Cookies and other Tracking Technologies
The Website may employ “cookies” and other technologies to help the Firm understand user behavior, track visits to the Website, and measure the effectiveness of advertisements and promotional campaigns. Similar to most other websites, the Website may gather certain information automatically and store it in log files. Such automatically-stored information may include Internet Protocol (IP) addresses, browser type, Internet service provider (ISP), referring and exit pages, time and date stamps, and clickstream data. You may be able to disable cookies through the preferences or options specifications in Your web browser.
Information and data collected using these technologies is considered non-personal information for purposes of this Privacy Policy, except to the extent that any such information can be used for unique personal identification.
Protection of Personal Information
The Firm takes certain precautionary measures in its ordinary business operations to maintain the confidentiality of your Personal Information. Such measures include limitations on access, use of password protection and utilization of antivirus scanning software. While the Firm endeavors to maintain commercially reasonable efforts to protect Your Personal Information, it, like any other company, is not able to guarantee that Your Personal Information will be free from unintended disclosure and misappropriation.
Minors
The Firm does not knowingly collect Personal Information from minors under eighteen (18) years of age. If The Firm learns that it has collected Personal Information of a minor under the age of 18 it will take reasonable steps to promptly delete such information. You may email The Firm at jeff@thefranchisecafe.com to request deletion of Personal Information pertaining to a minor.
Links and Third-Party Services
The Firm has no control over and is not responsible for the data collection, data sharing or privacy policies of any websites or companies other than the Website and the Firm. Links to or from the Website involving third-party websites do not constitute, represent or imply The Firm’s sponsorship, endorsement, adoption or approval of any third-party websites’ practices, policies or procedures.
Modification of Privacy Policy
The Firm may, in its sole discretion, change, modify, add, or delete provisions of this Privacy Policy and its privacy practices from time to time. In the event of any change or changes to this Privacy Policy, the revised Privacy Policy will be posted on this page of the Website. Your continued use of the Website after any such changes will constitute Your acceptance of the new Privacy Policy.
Contact Information:
Questions Concerning the Terms of Use, Privacy Policy or the Website should be directed to jeff@thefranchisecafe.com.
Last Modified: 05.23.2011
Image Copyrights:
Table with red and white table cloths on tan background: Image: Sura Nualpradid / FreeDigitalPhotos.net
All other images: Copyright (c) 123RF Stock Photos