REVISED DRAFT – 3/18/16
TERMS OF USE
PLEASE READ CAREFULLY
THESE TERMS OF USE GOVERN YOUR ACCESS AND USE OF THIS WEB SITE (www.foodondemandnews.com) PROVIDED BY FRANCHISE TIMES CORPORATION, a minnesota CORPORATION (“FRANCHISE TIMES”). By accessing THE site, you acknowledge and accept these terms OF USE. FRANCHISE TIMES MAY CHANGE THESE TERMS AT ANY TIME IN ITS DISCRETION, AND ANY CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE SITE. PLEASE VISIT THE SITE REGULARLY TO REVIEW THE THEN-CURRENT TERMS OF USE
FRANCHISE TIMES also reserve the rights to terminate your access and use of the Site for any reason (or No Reason) and in its sole discretion, including, but not limited to any conduct that violates these Terms of Use, or that is otherwise illegal, harmful or inappropriate, or in violation of Franchise times’ other rights.
Children
The Site is not intended for or targeted towards children, and by accessing and using the Site, you represent and warrant that you are 18 or older, or if younger, that you are using the Site with your parent or guardian.
Privacy
Please review our Privacy Policy, which also governs your access to and use of the Site.
Site Access
You are licensed to download Site content (one machine-readable copy and one print copy per page on a single computer) for your personal, noncommercial use, provided that the copyright, trademark, or other proprietary notices are not removed or obscured. No modification or further reproduction of the content is permitted. This is a limited license and does not transfer any ownership or other rights. Your license is contingent on your agreement to use the Site only in accordance with these Terms of Use and all applicable laws, and to refrain from any use or manner that is prohibited by law, or that would facilitate a violation of law, including, but not limited to any use that: infringes or violates the legal rights of Franchise Times or any third party; or that defames, disparages or invades the privacy of Franchise Times or any third party; includes any scandalous, obscene, harassing communication or conduct; any attempted or actual interference with or disabling of the internal security or operation of the Site; or any unauthorized use for solicitation of commercial products or services. Prohibited commercial purposes, include, but are not limited to: (i) co-branding the Site, or (ii) framing the Site, or (iii) linking to the Site, or (iv) cross-compiling information from the Site, or (v) re-engineering information from the Site, without the express prior written permission of an authorized representative of Franchise Times. “Co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site, in a manner or that claims or suggests that such party is endorsed by, sponsored by or otherwise affiliated with Franchise Times. You agree to cooperate with Franchise Times in ceasing any unauthorized co-branding, framing or linking.
You must immediately notify Franchise Times by telephone (612-767-3200) or email [[email protected]] if you are made aware of any security breach or attempted breach of the Site. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Site and all charges related to the same.
User Accounts
As a user and/or prospective Franchise Times subscriber, you agree that: (a) all information provided in any subscription registration is accurate and complete and is not fraudulent or misleading; (b) you are 18 years of age or older and possess the legal right and ability to agree to the Terms of Use and to use the Site in accordance therewith; and (c) you will not access or use the Site in any manner that is prohibited by law or to facilitate the violation of any law.
Accounts are password protected as established by you at the time of registration on the Site. You are responsible for all use of your confidential account information and/or password, including, without limitation, any use by a third party. You will also notify Franchise Times immediately if you believe that your password has been obtained or used by any unauthorized party.
Proprietary Information
The Site is copyrighted by and proprietary to Franchise Times, which retains all ownership or other right, title, and interest in the Site and all text, graphics, logos, icons, images, audio and video materials, digital downloads, and data compilations, including applicable statutory U.S. copyright rights. All software used on this Site is the property of Franchise Times or its suppliers, and is also protected by U.S. copyright laws. Accordingly, and except as provided in the Site Access license above, no portion(s) of the Site, nor any content thereon, may be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Franchise Times. Neither title nor intellectual property rights are transferred to you by your access to or use of the Site. Your only rights with respect to the Site are to use and access it according to these Terms of Use.
Trademarks, service marks, logos or other commercial symbols (the “Marks”) appearing on the Site are the property of Franchise Times or the party that provided the Marks to Franchise Times, who each retain all rights with respect to such Marks. You may not use any Marks without prior written permission of its owner.
Pricing and Payments
The subscription prices displayed on the Site represent the current retail prices, which are subject to change without notice. Franchise Times also reserves the right at any time to revoke any stated offer and to correct any errors or inaccuracies, even after submission of an order. If your credit card has been charged for the purchase and your order is cancelled, Franchise Times will credit your account in the amount of the charge, with individual bank policies determining when your credit will be received. Franchise Times accepts Visa®, MasterCard®, American Express® and Discover Card®. Franchise Times reserves the discretionary right to reject any order placed on the Site. Unless otherwise indicated, all subscriptions are provided on a prepaid, nonrefundable basis for the time periods indicated. You agree that you are financially responsible for the full amount of any orders placed on the Site; that any credit card entered is valid, belongs to you and has sufficient available credit to complete the proposed transaction; that your subscriber rights are personal and nontransferable; and that if any contact or payment information changes, you will promptly notify Franchise Times of such changes.
Links. The Site may contain links to other web sites that are not maintained by, verified or otherwise related to Franchise Times. Links to such sites are provided solely as a convenience to users, and do not signify any sponsorship of, endorsement by or affiliation with Franchise Times or the Site. Franchise Times does not review such sites and is not responsible for the content of those sites. Links are to be accessed at your own risk, and Franchise Times makes no representations or warranties about the content, completeness or accuracy of these links or the linked sites.
Communications
By accessing and using the Site, you consent to receive communications from Franchise Times electronically, and you agree that all agreements, notices, disclaimers, disclosures and other communications that Franchise Times provides electronically satisfy any legal requirements that such communications be in writing. Please review our Privacy Policy if you wish to unsubscribe to any Franchise Times marketing communications.
Warnings and Disclaimer
The information contained on the Site may not be applicable or appropriate for use outside of the United States. Franchise Times attempts to describe its subscriptions and other Site content accurately and on a timely basis. However, the information on the Site comes from a variety of sources, and may not be accurate, error free, complete, current, or relevant to your needs, and accordingly, is offered on an AS IS basis, and in some cases, represents the opinions of individual authors, and not Franchise Times. Franchise Times may also change or discontinue any aspect, service or feature of the Site at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Franchise Times cannot and does not guarantee or warrant that the Site will be free of viruses, worms, Trojan horses or other disabling code that may manifest contaminating or destructive properties. You retain, and Franchise Times does not assume any responsibility or risk for your use of the Internet.
YOUR “AS IS “ USE OF the SITE IS AT YOUR OWN RISK, AND is provided WITHOUT warranties of any kind, either expressed or implied, AND FRANCHISE TIMES disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. FRANCHISE TIMES does not warrant that the SITE will be uninterrupted or error-free, that defects will be corrected, or that thE site or the server that makes it available are free of viruses or other harmful components. the SITE AND THE SEARCH RESULTS DISPLAYED ON THE SITE may include technical inaccuracies or typographical errors, and FRANCHISE TIMES may make changes or improvements at any time. You, and not FRANCHISE TIMES, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF the SITE OR ITS CONTENTS.
THIRD-PARTY LINKS, SERVICES OR RESOURCES AND INFORMATION THAT FRANCHISE TIMES MAKES AVAILABLE THROUGH the SITE ARE NOT CONTROLLED OR MONITORED BY FRANCHISE TIMES. ACCORDINGLY, FRANCHISE TIMES MAKES NO WARRANTIES REGARDING SUCH THIRD-PARTY SERVICES, RESOURCES OR INFORMATION, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OR RELIANCE ON SUCH THIRD-PARTY SERVICES, RESOURCES OR INFORMATION.
Limitation of Liability
IN EXCHANGE FOR THE GRANT OF ACCESS AND USE RIGHTS TO THE SITE, YOU AGREE THAT FRANCHISE TIMES, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, PROVIDERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, ATTORNEYS AND OTHER REPRESENTATIVES WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE, OR ANY INFORMATION COLLECTED OR RETAINED BY FRANCHISE TIMES, EVEN IF FRANCHISE TIMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not allow the exClusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you.
Indemnity
You will indemnify and hold Franchise Times, its subsidiaries, affiliates, licensors, providers, employees, agents, owners, directors, officers, directors, attorneys and other representatives (collectively, the “Indemnified Parties”) harmless from any claim arising out of your use of the Site, including any breach of these Terms of Use by you, and any use of the Site other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith.
Submissions
Any comments, content, remarks, suggestions, ideas, graphics, or other information communicated to Franchise Times through the Site, and your name and any other identifying information submitted therewith (collectively, the “Submission”) shall, on submission, become subject to the grant to Franchise Times of a royalty-free, perpetual, irrevocable, worldwide, non‑exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the Submission, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Franchise Times will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future operations of Franchise Times. You should not send through the Site any comments, ideas or materials that you do not wish to be licensed to Franchise Times, as identified above. You also represent and warrant to Franchise Times that all Submissions shall be truthful, accurate, and lawful, and shall not defer, disparage or give rise to any potential claims by third parties, whether based on defamation, unfair competition intellectual property infringement, trade secret misappropriation or other legal claims or cause of action.
Security
You are prohibited from using the Site to compromise Site security, or otherwise tamper with Franchise Times system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. Franchise Times reserves the right to investigate suspected violations of these Terms of Use.
Franchise Times also reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Franchise Times to disclose the identity of anyone posting, publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THESE TERMS OF USE, YOU WAIVE AND HOLD HARMLESS FRANCHISE TIMES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FRANCHISE TIMES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FRANCHISE TIMES OR LAW ENFORCEMENT AUTHORITIES.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the internal laws of the State of Minnesota, United States of America, notwithstanding any principles of conflicts of law. You specifically and irrevocably consent to personal jurisdiction and venue of the federal and state courts located in Hennepin County, Minnesota in connection with any dispute between you and Franchise Times arising out of the Site, these Terms of Use or pertaining to the subject matter hereof. These Terms of Use constitute the entire agreement and understanding between you and Franchise Times relating to this subject matter, and may only be waived or amended by Franchise Times in a writing signed by an authorized executive officer, and specifically referencing the intention and agreement to waive or amend these Terms of Use. Notwithstanding the foregoing, any additional terms and conditions on the Site will govern the items to which they pertain. If any part of these Terms of Use is determined to be unlawful, void or unenforceable by a court of competent jurisdiction, that part shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Last updated: March 18, 2016.
© 2016 Franchise Times Corporation
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