Terms and Conditions of Website Use
Acceptance of Terms
Thank you for visiting FPCfranchise.com and welcome. Your use of FPCfranchise.com and its related services, including, but not limited to all web pages directly or indirectly accessible from or linked to www.FPCfranchise.com, (the “Website”) is subject to the Terms and Conditions of Use that follow (the “Terms and Conditions of Use”). Please read these Terms and Conditions carefully. By accessing or using the Website, which includes your access to or use of any of the services available through the Website, you agree to the Terms and Conditions of Use. F-O-R-T-U-N-E Franchise Corporation (“FFC”), the operator of the Website, reserves the right to change the Terms and Conditions of Use from time to time in its sole discretion. Your use of the Website will be subject to the most current version of the Terms and Conditions of Use posted on the Website at the time of such use. If FFC changes these terms and conditions, a notice will be posted on the home page of the Website and the date of the latest change will be noted. If you have not read the Terms and Conditions since the date of the last change, please read the revised Terms and Conditions, as they will govern your use of the Website. Your continued use of this site after we post such notice and/or the date of the last change to the Terms and Conditions, whether or not we post such notice, will constitute your acceptance of the new Terms and Conditions. If you do not agree to each of the Terms and Conditions of Use, then you are not authorized to, and may not, use the Website. If you breach any of the Terms and Conditions of Use, your authorization to use the Website automatically terminates.
A hard copy of these Terms and Conditions of Use is available to you by printing these Terms and Conditions of Use directly from the Website, or by e-mailing us your request for a copy of the Terms and Conditions, along with your mailing address, at info@FPCfranchise.com.
Intellectual Property Rights
The materials, content and services on the Website, including their selection and arrangement, are protected by copyright and/or other intellectual property laws, including laws of the United States and other countries, treaties and international conventions. Any unauthorized use of the materials, content or services available on the Website may violate such laws. FFC does not grant any express or implied right or license under any copyright or other intellectual property in any material, content or service on the Website, except as authorized in these Terms and Conditions. Except for printing not more than two copies of materials or content provided on the Website for use consistent with the purposes for which you are authorized to have access to such materials or content, no portion of the materials, content or information on the Website may be reproduced or distributed in any form or by any means without FFC’s prior written permission.
FFC, the FFC design logo and certain other names or logos displayed on the Website are service marks or trademarks of FFC or its affiliates, and all related products and service names, design marks and slogans are the service marks or trademarks of FFC, and are protected by the trademark laws and other intellectual property laws of the United States and other countries, and by international treaties and conventions. Elements of the site, including, but not limited to the “look” and “feel” of the Website, are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Acceptable Use of the Site
The Website and its services are intended for potential franchisees of FFC or persons or entities interesting in becoming potential franchisees. The Website may be used only for lawful purposes within the context of the foregoing intentions. FFC is the sole interpreter of the Website’s intended and acceptable use. It is your responsibility to ensure that your use of the Website complies with these Terms and Conditions of Use. As one of the conditions of your use of the Website, you represent and warrant to FFC, and agree, as the case may be, that:
(a) you will not use (or encourage or help others to use) the Website for any purpose or in any manner that is prohibited by these Terms and Conditions of Use or by applicable law; (b) you will not upload, post or transmit to or distribute or otherwise publish through the Website any materials that: (i) restrict or inhibit any individual who uses any aspect of the Website or its services (a “User”) from using and enjoying the Website; (ii) are unlawful, threatening, hateful, abusive, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or endorse or advocate illegal or immoral activity, or violate the rights of any third party; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, statute, ordinance or regulation (including, without limitation, those governing securities transactions, consumer protection, unfair competition, false advertising, sale of franchises, deceptive practices or discrimination); (iv) violate, plagiarize or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, patent, rights of privacy or publicity or any other proprietary right; (v) contain a virus, worm, Trojan horse, or any other destructive feature, regardless of whether you intend any damage to the Website and/or its content; (vi) contain any information, software or other material of a commercial nature; (vii) contain advertising of any kind; (viii) impersonate another person, living or dead; (ix) contain chain letters, pyramid schemes or like documents; (x) contain any opinions or notices, commercial or otherwise; (xi) contain any information or are presented in any manner or for any purpose other than that which is within the Website’s intended and acceptable use; (xii) are unsolicited; or (xiii) constitute or contain false or misleading indications of origin or statements of fact, including, but not limited to, the use of a false name; (c) you will not upload, post or transmit to or distribute or otherwise publish through the Website any materials anonymously or under a false name; (d) you will report inappropriate conduct to FFC; (e) you will represent yourself accurately and truthfully at all times; (f) you grant FFC the right to verify independently by any lawful means any information that you submit through the Website about yourself; (g) FFC has the right to create different classes of Website users, granting access to certain areas of the Website only to certain users, e.g., potential franchisee users may have access to different areas of the Website; (h) you will not delete or revise any material posted by any other person or entity; (i) you will not modify, alter, adapt, translate, create derivative works from, reverse engineer, disassemble, decompile or decode the Website, or any element of it for any reason, except as expressly permitted by applicable law; (j) you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Website or its content, or any substantial part thereof without FFC’s prior written consent; and (j) you are at least 18 years old and are legally competent to form binding contracts.
Use and Protection of User Name and Password
If you at any time are issued a user name and password for the purpose of gaining access to restricted areas of the Website, you are responsible for maintaining the confidentiality of your user name and password. You are no longer authorized to use, and you may not use, the user name and password if, at any time, you are no longer authorized to have access to the restricted areas of the Website, or if the conditions which entitle you to access cease to exist. You are responsible for all uses of your user name and password whether or not you have expressly or impliedly authorized such use. FFC is entitled to rely on your compliance with the foregoing, and to assume that any person accessing restricted areas of the Website using your user name and/or password is you, or is authorized by you to enter into agreements or make warranties or representations on your behalf.
You agree to indemnify, defend and hold harmless FFC, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions or any use of your user name and password, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. FFC 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 FFC.
If you believe that any material on the Website infringes a copyright that you own or are authorized to represent, please provide FFC with a written notice (e-mail is sufficient) that includes the following information: (a) electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The above notice should be provided to FFC’s copyright agent for notice of claims of copyright infringement on the Website, at info@FPCfranchise.com.
FFC is under no obligation to monitor any information submitted through, or posted to, the Website, but it may monitor any such information at random. Posted information determined to breach any provision of these Terms and Conditions may be removed in FFC’s sole discretion, for which it shall have no liability.
Links to Other Sites
The Website may contain links and pointers to websites operated by third parties. These links are provided solely as a convenience to you and not as an endorsement by FFC of the contents of such third-party websites. FFC is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
You are prohibited from taking any actions that will violate or attempt to violate the security of the Website, including, without limitation (a) accessing data not intended for your use or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus, worm or Trojan horse to, overloading, “flooding,” “mailbombing” or “crashing” the Website; or (d) sending unsolicited e-mail, including promotions and/or advertising of products or services (all of the foregoing, the “Security Rules”). Attempts to violate, or violations of, system or network security or the Security Rules may result in civil or criminal liability. FFC will investigate occurrences which may involve any such attempts or violations, may report them to law enforcement agencies, and may cooperate with law enforcement agencies in prosecuting users who are involved in such attempts to violate or violations.
WARRANTIES AND DISCLAIMERS
THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. FFC, ITS AFFILIATES, PARENTS AND SUBSIDIARIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, FITNESS FOR PARTICULAR PURPOSE, QUALITY, ACCURACY, QUIET ENJOYMENT OR WEBSITE AVAILABILITY. WITHOUT LIMITING THE FOREGOING, FFC MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR WILL RESULT IN THE PROCUREMENT OF EMPLOYMENT OR SERVICES FOR ANY USER (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OR THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT ARE NOT PERMITTED TO BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS OR SUCH LONGER PERIOD AS APPLICABLE LAW REQUIRES.
WEBSITE CONTENT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. FFC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEBSITE OR ITS CONTENT. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE, AND YOU AGREE TO USE THE WEBSITE AT YOUR OWN RISK. FFC MAY CHANGE THE WEBSITE AT ANY TIME. FPC RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE.
FFC DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE CONTENTS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, FFC IS NOT RESPONSIBLE FOR THOSE COSTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE INTERNET GENERALLY.
IN NO EVENT SHALL FFC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE ITS CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FFC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE ABOVE PARAGRAPH MAY NOT APPLY TO YOU. IF THE LIMITATIONS SET FORTH ABOVE ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN FFC’S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.00 OR SUCH LARGER AMOUNT AS APPLICABLE LAW REQUIRES.
Except as explicitly stated otherwise, any notices under this Agreement shall be given by e-mail to info@FPCfranchise.com (in the case of FFC) and to the e-mail address that you provide to FFC in any submission, or such other address as you shall specify from time to time (in your case). Notice shall be deemed given six (6) hours after an e-mail is sent, or earlier if actually received earlier by the recipient, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to FFC in any job-related communication or otherwise. In such case, notice shall be deemed given three (3) days after the date of mailing.
This Website (excluding any linked sites) is controlled by FFC from its offices within the State of New York. The laws applicable to the interpretation of these Terms and Conditions of Use shall be the laws of the State of New York and applicable federal law, without regard to any conflict of laws rules thereof. FFC makes no representation that the content, materials, services or information available on the Website are appropriate for access outside of the United States and accessing them from jurisdictions where they are illegal is prohibited. Those who choose to access this Website from outside the United States do so on their own initiative, at their own risk, and are responsible for compliance with local laws. You agree to submission of any dispute arising under or in connection with the use of this Website and/or its Contents to the state and federal courts sitting in the State of New York and the County of New York, New York, and hereby agree to submit to the exclusive jurisdiction thereof.
Except as expressly provided in a particular “Legal Notice” or text on a particular Web page of this Website, these Terms and Conditions of Use set forth the entire understanding and agreement between FFC and you with respect to the subject matter hereof. If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. FFC’s failure to act with respect to a breach by you or others does not waive FFC’s right to act with respect to subsequent or similar breaches. You acknowledge that transmissions to and from the Website are not confidential and it is possible that your communications may be read or intercepted by others. You acknowledge that by submitting communications to FFC, no confidential, fiduciary, contractually implied or other relationship is created between you and FFC other than pursuant to this Agreement.
Additional Terms and Conditions of Use
Certain areas of the Website may be subject to additional terms and conditions of use. By using such areas, or any part thereof, you agree to be bound by such additional terms and conditions of use.
Complaints, Questions or Comments
If you have any complaints, questions or comments about these Terms and Conditions of Use, the Website and/or the Content, please feel free to e-mail us at info@FPCfranchise.com.