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Privacy Policy and Terms of Use

TERMS OF USE AGREEMENT AND IMPORTANT LEGAL NOTICES TO USERS OF FRANCHISE TEAM, LLC “BRANDCHISE”® SITES

IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY

THESE ARE THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE WWW.BRANDCHISE.COM AND HTTP://WWW.BRANDCHISE.COM WEBSITE(S) AND OUR SERVICES.

WELCOME to the BrandChise.com website(s) available at and under http://www.brandchise.com and/or under other uniform resource locator(s) and the related or linked portals, information management systems, intranets, public or password protected information systems, e-mail or wireless websites intended for use by us, our affiliates, and their or our existing or potential customers (collectively, “BRANDCHISE® Sites”) – developed, hosted, maintained or operated by Franchise Team, LLC d/b/a BrandChise® (“we,” “us,” or “our”) or our designees. This TERMS OF USE AGREEMENT AND IMPORTANT LEGAL NOTICES TO FRANCHISE TEAM, LLC “BRANDCHISE”® SITES (this “Agreement” or this “Notice”) sets forth the terms and conditions governing your use of Franchise Team, LLC “BrandChise”® Sites and your access to and use of the webpage, sub-pages, URLs, links, trademarks, tradenames, trade dress, slogans, logos, software, copyrights, information, other content, wireless services, portals, e-mail functionalities, operating systems, and electronic communications or data management systems and services offered on or through Franchise Team, LLC “BrandChise”® Sites (which, collectively with Franchise Team, LLC “BrandChise”® Sites, constitute the “Services”). Title V of the Gramm-Leach-Bliley Act (the “GLBA”) and for California Residents, Civil Code Section 17983.83, requires that we provide you with our privacy policies and practices which are intended to inform you of the types of information that we collect from you and the persons to whom your personal non-public information may be disclosed.

By accessing or using Franchise Team, LLC “BrandChise”® Sites or any of the Services, you accept and agree to be legally bound by this Agreement, as it may be amended or supplemented from time to time by us (as further described below), and agree to all of our operating rules and/or policies and the Services that may be approved by us and published by us on Franchise Team, LLC “BrandChise”® Sites. All these rules and policies are incorporated into this Agreement by this reference. We have other operating rules and relating to Franchise Team, LLC “BrandChise”® Sites and the Services generally. Further, certain areas of Franchise Team, LLC “BrandChise”® Sites, including, without limitation, access to franchisee only areas, or product or service ordering services may require registration and/or be subject to additional terms and conditions of use; and we will provide you with notice of such additional terms and conditions on registration.

IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS FRANCHISE TEAM, LLC “BRANDCHISE”® SITES, REVIEW OR ACCESS ANY OF ITS CONTENT, AND/OR USE THE SERVICES IN ANY MANNER.

I. Privacy Policy

1. Purpose

We have developed certain privacy practices in order to maintain these standards and to comply with applicable laws, rules and regulations, including the Children’s Online Privacy Practices Act (“COPPA”) and GLBA. If you have any questions or comments about this site, or the Privacy Policy, you should contact the our Webmaster at webmaster@brandchise.com or call 1-800-905-BRAND.

2. Personally Identifiable or Non-Public Information

In the course of shopping for, reviewing, purchasing or otherwise using the Services, you may share non-public/personal information with us in a wide ranging type and number of ways, such as: inquiry forms, telephone calls or other forms of communication with our or our affiliates’ staff, requests for literature on sales materials interactions with sales agents information provided to us from you, your agents, affiliates, employees and the like. We may share such personal non-public information with our staff, our affiliate companies, and with third parties such as title companies, brokers, agents, insurance companies, licensing, contractors and lenders for the purpose of assisting with the marketing, sale or delivery of the products or services offered or sold by us or our affiliates or to be purchased by you, to allow for the normal operation of our business or otherwise as permitted by applicable law.

3. Information About Children

We do not require visitors to submit personal or non-public information to visit Franchise Team, LLC “BrandChise”® Sites – but visitors (you) may choose to do so; and we may require visitors to submit personal information to register for specific online promotions or to participate in certain online programs, surveys, auctions or other transactions or activities. On a particular registration page, we may request the visitor’s date of birth, gender, email address, telephone number, and/or other contact and demographic information related to the particular promotion, program, or transaction. During the registration process, we will calculate the visitor’s age via DBD entry field. We will not knowingly collect personal information from children 13 years of age or younger on the BRANDCHISE® Site. When you disclose personal information on the BRANDCHISE® Site, you are representing to us that you are 14 years of age or older. If a person 13 years of age or younger has provided personal information to us, a parent or guardian should contact us at webmaster@BRANDCHISE.com so that we can remove such personal information from the active database. We reserve the right to limit participation in particular programs or promotions to visitors 18 years of age or older.

4. Other Uses

The personal information that you provide will be available to us, our affiliates, agents, representatives, and service providers and contractors, as appropriate, to be used for the purposes indicated in this Agreement or as indicated or inferred at the time you voluntarily provide such personal information. We might also use your personal information, alone or in combination with the information submitted by other users, to improve the BRANDCHISE® Site’s navigation or infrastructure and in internal marketing analyses or reviews. Companies that have access to your personal information are required to protect such personal information and to use such personal information only to carry out the activities or services they are performing for you or for us. Additionally, unless you notify us to the contrary, we might use your personal information in the future to provide you with special offers from us or our affiliates. We do not sell, rent, individually post or otherwise disclose any personal information about visitors to unrelated third parties for marketing purposes. If you do not wish to allow us to use your personal information in the future to provide you with special offers from us or our affiliates, please contact us in the manner identified below. By submitting personal information, you grant to us a license to use such personal information for the purposes described in this section.

5. Opting out

If you choose to “opt-out” from allowing us to use your personal information in the future to provide you with special offers from us or its affiliates, simply click the “Opt-out” box at the time you provide personal information or contact us directly at webmaster@BRANDCHISE.com. Should you choose not to have your personally identifiable information shared with our affiliates and others as described in this Notice, please let us know by checking the “Opt Out” box located at “Contact Us” location on BRANDCHISE® Sites that request such information. Upon receipt and processing of an “Opt-Out” request, we will, within a commercially reasonable amount of time, remove your information from any listings used to provide you with special offers from We or its affiliates in the future.

6. Cookies and Other Similar Types of Data.

We may also collect non-personal information from our online visitors, such as the visitor’s type of browser, page hits, number of visits, web pages viewed, operating system and domain names, and may use cookies to obtain other non-personal information. Cookies are pieces of data sent from a web server to a web browser that enables a web server to identify users that visit a site hosted by that server. Franchise Team, LLC “BrandChise”® Sites may use cookies in order to identify you to our site so that the BRANDCHISE® Site (i.e., us) can provide more customized information and services to you. In general, if you choose, you can disable the use of cookies by reviewing your browser’s performance and options. The non-personal information we collect enables us to track the total number of visitors to each of our sites in an aggregate form, and is used by us to improve and update our sites, products and services. Aggregate (non-personal) information may be shared with third parties. By using Franchise Team, LLC “BrandChise”® Sites, you grant us a perpetual, irrevocable, worldwide, royalty-free, sub-licensable (through multiple users) license to use, reproduce, store, modify, publicly perform, publicly display, distribute and transmit such non-personal information for any purpose, and waive any moral rights and publicity rights in such non-personal information. We may, at our option, tie this non-personal information to your personal information.

7. Comments

If visitors send us any comments, suggestions, information, ideas, concepts, knowledge or techniques, we are free to use the information worldwide, in perpetuity, without acknowledgement or compensation, for any purpose, including developing, manufacturing or marketing products and/or modifying or improving our BRANDCHISE® Site.

8. Change to the privacy policies

This Privacy Policy may be modified by us at any time by updating this posting. You are responsible for reviewing this Privacy Policy each time you use or access the BRANDCHISE® Site. The policies set forth in this notice are effective at the time of publishing, but are subject to change in order to best meet our needs and to reflect changes in local, state and federal laws. Changes in these policies will be reflected when Franchise Team, LLC “BrandChise”® Sites are updated periodically.

9. Safeguards

We maintain physical, and procedural safeguards to protect your personal information. Within our enterprise and its affiliated companies, access to such information is limited to those who need it to perform their jobs.

II. Terms Of Use Policy

1. We Reserve the Right to Revise this Agreement

Notwithstanding anything to the contrary herein, we reserve the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement, and to impose new or additional rules, policies, terms or conditions on your use of the Services. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement upon our publishing them on Franchise Team, LLC “BrandChise”® Sites, which may be given by any means we designate, including by our posting to Franchise Team, LLC “BrandChise”® Sites. Your continued use of any of Franchise Team, LLC “BrandChise”® Sites following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms. All Additional Terms are incorporated into this Agreement by this reference.

2. We May Revise or Terminate Any Part of the Services at Any Time

We reserve the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, Franchise Team, LLC “BrandChise”® Sites or the Services, with or without notice to you. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. You agree that we will not be liable to you for any modification, general suspension or discontinuance of any BRANDCHISE® Sites or the Services. We may refuse or restrict anyone from access to any or all of Franchise Team, LLC “BrandChise”® Sites or the Services at any time.

3. Links

We are not responsible for the content or use of third party sites linked to, or which link to Franchise Team, LLC “BrandChise”® Sites. The Services they offer are not our “Services”.

4. Acceptable Use of the Services

In order to use Franchise Team, LLC “BrandChise”® Sites or the Services, you must obtain access to the World Wide Web (or such technology we may designate) directly or through devices that access content and pay any and all service fees, if any, associated with such access.

  • Individual Use: Except as provided below, you agree that you are only authorized to visit, view and to retain a single copy of pages of the BRANDCHISE® Site solely for your own individual, non-commercial use, and that you shall not duplicate, download, publish, modify or otherwise distribute any material, in whole or in part, on the BRANDCHISE® Site for any purpose other than for your own individual use unless otherwise specifically and formally authorized by us. We post “Legal Notices” and various credits on pages of Franchise Team, LLC “BrandChise”® Sites, which may not be removed even in your permitted copy. Your use of Franchise Team, LLC “BrandChise”® Sites is subject to our Legal Notices, including this Agreement, and you must not remove these Legal Notices or credits, or any additional information contained along with the Legal Notices and credits.
  • Commercial Use: If you wish to link, publish, frame, refer to or provide information about Franchise Team, LLC “BrandChise”® Sites, our Marks (defined below), copyrighted materials or any Services on any website, web page, e-mail address or the like operated by you or your affiliates, or any companies, partnerships, limited liability partnerships or any other legal entity which you have an ownership or investment interest in (also collectively referred to as “you”), you must first obtain our prior written permission to do so and enter into an agreement with us on terms designated by us. Contact webmaster@BRANDCHISE®.com if you seek to obtain our permission to access this BRANDCHISE® Sites for commercial purposes. By “commercial purposes,” we mean your engaging in the offer or sale of individual or corporate seminars, team building, or motivational products or services or the same or similar services as are offered by us. If you wish to use Franchise Team, LLC “BrandChise”® Sites for any commercial purpose, you must contact us at www.webmaster@BRANDCHISE®.com and obtain our prior written permission to do so. If you are an BRANDCHISE® Business, any use of Franchise Team, LLC “BrandChise”® Sites by you constitutes a commercial purpose and your use of them are governed by you Franchise Agreement with us and this Agreement.
  • Resale of Services: You may not resell the Services (or any part thereof) without our prior written consent, and if we agree to such resale you must only do so in strict compliance with your agreements with us. If you wish to do so, contact us at webmaster@BRANDCHISE.com to determine if we will grant you permission to resell the Services or use the BRANDCHISE® Marks in such manner. If you wish to access the BRANDCHISE® Site or use any of the Services, copyrighted materials or the BRANDCHISE® Marks for commercial purposes or which affiliate with our BRANDCHISE® Marks or Licensed Marks (defined below) in any way, contact webmaster@BRANDCHISE.com to discuss establishing a commercial relationship with us and find out if we will grant you written permission to do so. You acknowledge that you do not acquire any ownership or license rights by virtue of downloading the BRANDCHISE® Marks or Licensed Marks, copyrighted material from the Services. All rights not expressly granted under this Agreement are expressly reserved to us. If you believe your rights under applicable copyright laws are being infringed, you may notify our designated personnel who assist us with our Copyright notice and takedown policies.
  • Deep Links: You shall not “deep-link” to Franchise Team, LLC “BrandChise”® Sites, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of Franchise Team, LLC “BrandChise”® Sites for any purpose, unless specifically authorized in writing by us to do so. You must not create any links from your website to any website which bears the BRANDCHISE® Marks or our copyrighted materials or which offers commercial services, or offers any other of the Services or similar services without our express written consent. If you wish to deep link or any link to Franchise Team, LLC “BrandChise”® Sites for any reason, you must contact us www.webmaster@BRANDCHISE.com and obtain our prior written approval for such deep links or other links.
  • Security Cracking and Hacking: You shall not violate or attempt to violate the security of the Services. Accordingly, 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. Violations of system or network security may result in civil or criminal liability. 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 understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet. You agree that it is your responsibility, and not ours, to obtain and use third party software products that support encryption and other security protocols compatible with such protocols (if any) that may be used by us from time to time in connection with the Services.
  • Spidering: THE USE OF ANY TOOLS, PROGRAMS, ROBOTIC ALGORITHMS OR PRODUCTS TO AUTOMATICALLY DOWNLOAD OR “SPIDER” FRANCHISE TEAM, LLC “BRANDCHISE”® SITES OR ANY OF THE PAGES OF FRANCHISE TEAM, LLC “BRANDCHISE”® SITES INFRINGES ON OUR COPYRIGHTS. DO NOT USE ANY SUCH TOOLS OR PRODUCTS ON OR IN CONNECTION WITH THE SERVICES!
  • Termination: We may and will terminate your Service immediately, if we believe that your conduct fails to conform with this Agreement. Without limiting our rights and your limitations under this Agreement, if you use, or attempt to use the Services or Marks or our copyrighted materials for any purposes other than its intended purposes (including without limitation by tampering, hacking, modifying or otherwise corrupting the security or functionality of the Services), you may also be subject to civil and criminal liability.
  • You Are Responsible For All of Your Activities and All of The Content You Post: You represent and warrant that any information you post or provide to us by means of Franchise Team, LLC “BrandChise”® Sites, including, without limitation, as part of any registration or application or to gain access to any Services, is truthful, accurate, not misleading and offered in good faith. Any information disclosed to you via the Services including, without limitation, any content in the personalized areas of Franchise Team, LLC “BrandChise”® Sites, may be used only for its intended purpose. We expect that you will exercise caution, good sense and proper judgment in using the Services. Without limiting any other terms of this Agreement, you agree NOT to use the Services for or in connection with any of the following activities:
    • Spoofing or otherwise impersonating any person or entity, including, without limitation, any other users or any of our personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging any TCP/IP packet header or any part of the header information in any e-mail or other posting
    • Any fraudulent or illegal purpose
    • E-mailing, uploading, or otherwise transmitting or using the Services in furtherance of the use or distribution of any unlawful, harmful, harassing, defamatory, tortuous, libelous, abusive, threatening, vulgar, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, or any material that is invasive of another’s privacy or exploits children, or transmitting any sexually explicit materials, including images and other content;
    • Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or the operation of our (or anyone else’s) Services, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or transmit any materials that otherwise violate our rules or policies;
    • Violating our rights in or to our intellectual property; and
    • To assist you with breaching this Agreement, or any Franchise Agreement between any BRANDCHISE® System Franchise and us.
  • Do Not Violate Third Party Intellectual Property Rights: Without any of our rights or your obligations under this Agreement, you may not, and by using the Services or an BRANDCHISE® Site you agree not to, use the Services or an BRANDCHISE® Site to: (i) transmit material that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit material that infringes on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others. For purposes of this Agreement, the term “Intellectual Property Rights” means collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.
  • Ownership: The trademarks, trade names, logos, color schemes, service marks, slogans, and similar means if identifying products or services displayed on any of Franchise Team, LLC “BrandChise”® Sites, including without limitation, any variation of the terms or phrases “BRANDCHISE®,” (collectively, the “BRANDCHISE® Marks”) and other Intellectual Property Rights are our (and the trademarks, service marks copyright works licensed to us by others for our use (“Licensed Marks”) are our licensor’s) registered and/or common law, trademarks, service marks, copyrights or other Intellectual Property Rights. All content and materials on Franchise Team, LLC “BrandChise”® Sites including, without limitation, the BRANDCHISE® Marks and Licensed Marks, button icons, images, audio clips, and software, copyrights, patents and other Intellectual Property Rights included in the Services or an BRANDCHISE® Sites, are our property or our licensors’ and are protected by U.S. and international copyright, patent, trademarks, and other proprietary rights and Intellectual Property Rights laws. The compilation of all content on Franchise Team, LLC “BrandChise”® Sites is our exclusive property and is protected by U.S. and international copyright laws. All software used on Franchise Team, LLC “BrandChise”® Sites, or which are provided to you through Franchise Team, LLC “BrandChise”® Sites are our property or our licensors’ property and protected by U.S. and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Services is permitted without the express written permission of us and any other applicable copyright owner.
  • Limited non-commercial use: You may not copy, reproduce, republish, upload, post, transmit, sell, distribute, transfer or modify any of the content, data, information or materials found on Franchise Team, LLC “BrandChise”® Sites for commercial purposes, but you may download, display and print one (1) copy of the content displayed on our site on a single computer for your personal-non-commercial use. You will not use the BRANDCHISE® Marks, Licensed Marks or other content on any site, website, web page, portal, or any form of advertisement which you operate, authorize or control without our express written permission.
  • No uses of our marks for Optimization: You may not use our BRANDCHISE® Marks, Licensed Marks, or copyrighted materials for the BRANDCHISE®® Sites in any search engine descriptions, content (meta-tags, “white lettering”, key words, or other means of directing or influencing web traffic to any website, web page, portal or e-mail operated, controlled or authorized by you without our express written permission and you doing so constitutes a violation of our rights under U.S. Federal law, U.S. States’ laws, and other international laws and a breach of this Agreement. You must not purchase “adwords”, “keywords” or the like that bear BRANDCHISE® Marks or derivatives thereof. You will not adopt or use any names, trademarks, slogans, trade names, trademarks, service marks, e-mail addresses, URLs, meta-tags, key words, search descriptions or the like that are the same or are confusingly similar to the BRANDCHISE® Marks. Without our prior written consent, you will not submit or maintain any information submitted to search engines which incorporate any content from Franchise Team, LLC “BrandChise”® Sites, the BRANDCHISE® Marks, our copyrighted materials or any marks that are confusingly similar to the BRANDCHISE® Marks.
5. Compliance with laws

You may use the Services and Franchise Team, LLC “BrandChise”® Sites only for lawful purposes. The Services and use of Franchise Team, LLC “BrandChise”® Sites are subject to, and you agree that you will at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of the Services. This obligation includes your agreement to comply with all applicable laws, regulations, and rules relating to the export of technical and other data from the United States (and from your country if you are not located in the United States) and your agreement not to export or re-export any such data or any other content or materials in violation of such laws, rules or regulations without first obtaining all necessary licenses, consents and approvals therefore, as well as authorization from us.

6. NOTICE REGARDING SPECIFICATIONS, PRICES, TERMS, RENDERINGS AND OTHER INFORMATION
  • Equal opportunity Employer: We are an equal opportunity employer. We consider applicants for all positions without regard to race, color, religion, sex, national origin, age, marital status, disability, or any other legally protected status.
  • Prices are subject to change. Although every effort has been made to ensure that our prices and terms contained herein are accurate and current, at any time, such prices and terms are subject to change. (if posted at all)
7. Your access to certain services

As a convenience and courtesy to you, in addition to the Services offered to the general user of Franchise Team, LLC “BrandChise”® Sites, we may provide you access certain BRANDCHISE® Sites for purpose of contracting with us or our affiliate to sell products or services to you. If we do so, any offers or sales made in connection with the use of such BRANDCHISE® Sites will be subject to our http://www.BRANDCHISE.com purchase policies and this Agreement. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by the agreements into which you thereby enter.

8. Electronic Services

Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, APPLICATIONS AND OTHER RECORDS AND ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THIS BRANDCHISE® Sites. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of nonelectronic records, or to payments or the granting of credits by other than electronic means. You may obtain a copy of this Agreement by printing it now at no additional cost to you or by contacting us later at webmaster@BRANDCHISE.com. We may charge you up to $5 per copy of this Agreement if we send a copy to you at a later date. In addition, you understand that certain Services on Franchise Team, LLC “BrandChise”® Sites such as a general contents page and a current information page (which provides information that may include, without limitation, news of interest to users of Franchise Team, LLC “BrandChise”® Sites, shipper information and other Services) may include materials and information from third parties, and you acknowledge and agree that we have minimal control over such information. Accordingly, we cannot guarantee, represent or warrant that the content contained in Franchise Team, LLC “BrandChise”® Sites is accurate, appropriate to you, and/or inoffensive.

9. We make no warranties

YOU USE THE SERVICES (INCLUDING ANY SOFTWARE WE PROVIDE TO YOU VIA THIS SITE) AND FRANCHISE TEAM, LLC “BRANDCHISE”® SITES IS AT YOUR SOLE RISK. THE SERVICES AND FRANCHISE TEAM, LLC “BRANDCHISE”® SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OF TITLE OR NONINFRINGEMENT. WE DO NOT WARRANT THAT FRANCHISE TEAM, LLC “BRANDCHISE”® SITES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, WE DO NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH FRANCHISE TEAM, LLC “BRANDCHISE”® SITES INCLUDING, WITHOUT LIMITATION, ESTIMATED FEES BASED ON USER-PROVIDED INPUT ANY SALES TRANSACTIONS PAGE OR SIMILAR SOFTWARE FUNCTION, ARE APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING THEM FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED. FURTHER, WE DO NOT WARRANT THAT PUBLISHED FEES BASED ON USER-PROVIDED INPUT IS AN ACCURATE OR TRUE REFLECTION OF THE FEES, TERMS AND CONDITIONS THAT WILL BE BINDING BETWEEN THE CONTRACTING PARTIES.

10. Limitation of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES OR ANY ASPECT OF FRANCHISE TEAM, LLC “BRANDCHISE”® SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF US FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO FRANCHISE TEAM, LLC “BRANDCHISE”® SITES OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250). THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE FRANCHISE TEAM, LLC “BRANDCHISE”® SITES OR SERVICES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO FRANCHISE TEAM, LLC “BRANDCHISE”® SITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. Indemnity of Use

You agree to indemnify and hold us harmless, and, at our request, to defend us from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to your use (or inability to use) the Services, any aspect of Franchise Team, LLC “BrandChise”® Sites, or any other activities of yours accomplished using the Services or Franchise Team, LLC “BrandChise”® Sites.

12. Order of Precedence

This Agreement governs your use of Franchise Team, LLC “BrandChise”® Sites and access to the Services. This Agreement does not modify, alter or amend any other agreement you have entered or will enter into with us or any of our related or affiliated entities. To the extent that any provision of this Agreement or any supplemental agreement offered as any part of any registration for additional Services on the BRANDCHISE® Site, conflicts with any provision of your other agreements with us or any of our related or affiliated entities, the terms of such other conflicting term(s) of this Agreement.

13. Choice of Law and forum

The Services are controlled by us from within the State of FLORIDA, USA, although the BRANDCHISE® Site may be accessed and used throughout the world. By submitting a registration or by accessing or using the Services, you and we each agree that the substantive laws of the State of FLORIDA will govern, depending on which of those States’ jurisdictional prerequisites are met with respect to all matters relating to or arising from this Agreement, or the use (or inability to use) the Services, and that such laws will apply without regard to principles of conflict of laws. You and we agree and hereby submit to the exclusive jurisdiction and venue of the appropriate State and Federal courts located in Tampa, Florida with respect to such matters. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services must be filed or otherwise commenced within one (1) year after such claim or cause of action arose or be forever barred.

14. Miscellaneous Terms

Subject to the terms of this Agreement (your Franchise Agreement with us, if any) and our other operating rules and policies for Franchise Team, LLC “BrandChise”® Sites, this Agreement constitutes the entire agreement between you and us with respect to the subject matter addressed herein, and governs your use of the Services, superseding any prior agreements between you and us relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with us pursuant to a registration to access certain features of Franchise Team, LLC “BrandChise”® Sites. The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.

Without limiting the foregoing, our Services at Franchise Team, LLC “BrandChise”® Sites are not intended for use by or availability to minors. IF YOU ARE NOT LEGALLY AN ADULT UNDER THE LAW WHERE YOU LIVE OR IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT ACCESS FRANCHISE TEAM, LLC “BRANDCHISE”® SITES OR USE THE SERVICES AND DO NOT PROVIDE ANY AGE-SPECIFIC INFORMATION TO US. IF SO, PLEASE IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND DO NOT ACCESS FRANCHISE TEAM, LLC “BRANDCHISE”® SITES.

phone: 1 (800) 905-BRAND

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