The information on this page
details our agreement for working together. Please read this information
carefully.
Acceptance of Terms
This portion of this franchise website ("Site") is owned and operated by B Source,
Inc. ("B Source"). In order for you to make use of the Site, it is
required that you agree to all of the terms and conditions of this Agreement,
which may be updated by B Source from time to time without notice to you. This
Agreement states the terms and conditions under which electronic commerce,
B Source content, software and any other material are provided. In addition
to these terms and conditions, you shall be bound by any additional terms,
guidelines or rules that may appear throughout the Site, which are incorporated
herein by this reference. Any modifications or enhancements to the Site shall
be governed by the terms and conditions of this Agreement.
Registration
Each registration is for a single user only. In consideration of your use of
the Site and the services contained therein, you agree to provide accurate,
current and complete information about yourself or your company as requested
on the Site registration form and to maintain and promptly update the information
(including, in particular, your email address) you provide from time to
time as necessary to keep the information true, accurate, current and complete.
By accepting the terms and conditions of this Agreement, you also represent
and warrant that you are 18 years of age or older and that if you have accepted
the terms and conditions of this Agreement on behalf of any business (such
as a corporation, partnership, limited liability company or other organization)
or other entity, you represent and warrant that you have legal authority
to do so. Any changes to your registration information should be made on
the Site. If you provide information that is untrue, inaccurate, not current
or incomplete, B Source may suspend or terminate your account, and refuse
any and all current or future use of the Site and the services provided.
Requests for Information
When you submit a request for information about one or more franchises, you understand that you are engaging the franchisor(s) in discussion about the possiblity of purchasing their franchise. In addition, you understand that you are asking franchisors to spend resources fulfilling your requests. As a result, you agree to provide complete and accurate information when you complete the request for information form. Failure to do so will result in the addition of your IP address to our blacklist, and you will no longer be able to use the Site.
Privacy Statement
Registration and other information about you are subject to B Source's Privacy
Policy and shall only be used in accordance with that policy. For more information,
please go to the Privacy Policy.
Your Use of the Site
You are solely responsible for all messages, data, requests,
information and other materials (the "Messages") that you upload,
post, e-mail or otherwise transmit ("Transmit") to and via the
Site.
You further agree that you will not: a. Use the Site in any unlawful
manner or Transmit any Content or Message that is unlawful, harmful,
threatening, abusive, hateful, obscene, harassing, tortuous, defamatory,
libelous, slanderous, pornographic, profane, vulgar, offensive, lewd,
invasive of another's privacy or racially, ethnically or otherwise
objectionable; b. Use the Site to harm minors in any way; c. Transmit
any Messages: (i) that you do not have the right to Transmit, under
any law or contractual or fiduciary relationships, including, without
limitation, any inside information or proprietary or confidential information;
(ii) that infringe any patent, copyright, trademark or other intellectual
property right or misappropriates any trade secret of any third party;
(iii) that constitute unsolicited or unauthorized advertising or promotional
materials, "spam," "chain letters," or pyramid
schemes; or (iv) that contain any software routine, code, instruction
or virus that is designed to disable, delete, modify, damage or erase
software, hardware or data; d. Forge headers or otherwise manipulate
identifiers in order to disguise any messages transmitted through the
Site; e. Interfere with the Site or servers or networks connected to
the Site; f. Interfere with the ability of others to use the Site;
g. Reproduce, sell, resell, sub-license, distribute or exploit for
any commercial purposes, any portion of the Site or any Messages contained
therein; or h. Conduct your business on the Site or any web sites,
with respect to B Source, in a way that is unfair, unlawful, or constitutes
a deceptive business practice; i. Otherwise use the Site in connection
with violation of any law or contract. You acknowledge and agree that
B Source may disclose or use any Messages that you Transmit for the
purposes of (i) enforcing the terms and conditions of this Agreement;
(ii) complying with any laws, regulations or rules of any federal,
state or local government or agency; (iii) responding to claims that
any Messages violate the rights of third parties; or (iv) protecting
the rights or property of B Source, its customers and the public. With
respect to Messages that you Transmit to public areas of the Site,
you grant B Source a perpetual, worldwide, royalty-free, nonexclusive
license to reproduce, display, publish, modify, distribute and create
derivative works of such Messages.
Maintenance of the Site
You agree and acknowledge that B Source may modify, limit, suspend or discontinue
the Site or any part of the Site at any time, without notice or liability
to you. B Source may also, from time to time, establish general rules and
policies regarding use of the Site. B Source will post such rules and policies
on the Site, and you agree that your compliance with such rules and policies
shall be a condition of your use or continued use of the Site. B Source shall
have no liability or responsibility with respect to any lost data or Messages,
such as the deletion or failure to store messages, communications or other
Messages transmitted by you.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
reside.
Indemnification
You agree to hold harmless and indemnify B Source, its subsidiaries and affiliates,
business partners, contractors, clients and service providers, and their
respective officers, employees, agents and representatives from and against
any claims, liabilities, costs or damages, including reasonable attorneys'
fees and paralegal fees through final appeals, made by any third party, or
relating to or arising from your use of the Site, any Messages that you Transmit
to or through the Site, any violation of these Terms and Conditions by you,
or any other act or omission by you, including your violation of any rights
of another, arising from your use of the Site.
Site Content
The Site and all material on the Site (the "Content") contained therein,
including, without limitation, all text, graphics, and other works on the Site,
the Site's design and coding, all computer programs used and licensed in connection
with the Site, the look and feel of the Site, and all data and reports generated
by the Site are owned by B Source or a third party. These materials are protected
under copyright, trademark and other laws. Except in connection with browsing
the Site, ordering products or services through the Site or otherwise as expressly
authorized by B Source or the owner of the Content in question, you may not
copy, download, transmit, modify, distribute or republish any of the Content
displayed on the Site, without the prior written consent of B Source. You may
not sell, publicly display, create derivative works of, reverse engineer, assign,
sub-license, transfer or otherwise exploit the Site or any Content therein.
B Source grants you a personal, non-transferable, nonexclusive license to use
the Site and the Content displayed therein, provided that you comply with these
Terms and Conditions and any other rules regarding such use.
B Source Trademarks
Following are trademarks or registered trademarks of B Source:
B Source®
The Business Market ®
The Franchise Market ®
The Franchise Engine ®
FranchiseServer®
BrokerSource®
The trademarks listed above are and shall remain the property of B
Source. All other trademarks, service marks, logos, and company names
(each a "Mark") used in the Site are the property of BBSource
or third parties and shall remain the property of B Source and such
third parties.
Nothing contained in the Site shall be construed as granting, by implication
or otherwise, any license or right to use any Mark displayed on the
Site without the written permission of B Source or such third party
that may own the Mark displayed on the Site. Your misuse of any Mark
displayed on the Site, or any other content on the Site is strictly
prohibited.
Linked Sites
B Source has not reviewed all of the sites linked to the Site and is not responsible
for the content of any third-party pages or any other sites linked to the
Site. Nothing in the Site, including, without limitation, any links to other
sites, should be construed as an endorsement of any products, services or
information of any other persons or companies by B Source. Your choice to
link to any other off-site pages or other sites is at your own risk, and
you agree to comply with all terms and conditions relating to such pages
or sites. B Source reserves the right not to link, or to remove the link,
to a particular site at any time.
Franchise Listings
This franchise website is powered by The Franchise Engine, and all franchise listings are created on behalf of B Source's franchise clients. B-Source disclaims any liability associated with any inaccurate information contained in the listings, and highly recommends that you ask for and review all legal information prior to purchasing or investing in a franchise.
Termination
You acknowledge and agree that B Source may terminate your account or use of
the Site for any reason, including, without limitation, for your violation
of the terms and conditions of this Agreement or your lack of use of the
Site. You agree that B Source may terminate your access to and use of the
Site without prior notice and without any liability to you or any third party.
Software Applications
Any software (the "Software") that is made available through the
Site to download, use or otherwise license is the copyrighted work of B Source
and/or its third-party suppliers. If applicable, use of the Software shall
be governed by the terms of a license agreement (the "End User License
Agreement"), which may accompany or be included with the Software. You
agree to comply with the terms of all End User License Agreements that may
be associated with Software that you download, use or otherwise license through
the Site, in addition to the terms and conditions of this Agreement.
Disclaimers and Limitation of Liability
B SOURCE IS PROVIDING THE SITE AND ITS CONTENTS, INCLUDING
EXPERT CONTENT AND ADVICE DELIVERED TO YOU VIA EMAIL OR TELEPHONE
EXCHANGE, ON AN "AS-IS, AS-AVAILABLE" BASIS. BSOURCE
DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE
EXTENT THAT THEY MAY BE EXCLUDED BY LAW WITH RESPECT TO THE SITE
OR THE CONTENT CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. IN ADDITION, B SOURCE DOES NOT REPRESENT OR WARRANT
THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE
OR CURRENT OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. B
SOURCE DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED,
SECURE OR ERROR-FREE MANNER. THE INFORMATION ON THE SITE IS FOR
YOUR GENERAL USE ONLY AND SHOULD NOT BE RELIED ON IN MAKING ANY
SPECIFIC FINANCIAL, LEGAL OR OTHER DECISIONS.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE
SITE IS DONE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE DONE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS
FROM SUCH ACTIVITY. B SOURCE AND THIRD PARTIES WHO CONTRIBUTE TO
THE SITE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND
OTHER REPRESENTATIVES, ARE NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, ECONOMIC, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
LOSS OF GOODWILL OR LOST PROFITS YOU MIGHT INCUR ARISING OUT OF OR
IN ANY CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE,
THE SITE CONTENT, OR OTHERWISE ARISING OUT OF ANY B SOURCE WEB SITES,
INCLUDING WITHOUT LIMITATION ANY AND ALL LIABILITY ARISING OUT FOR
BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY,
AND ANY OTHER STATUTORY CONTRACT, TORT AND/OR OTHER LIABILITY, EVEN
IF B SOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
NO INFORMATION DISPLAYED OR INCLUDED IN THE SITE OR OTHERWISE OBTAINED
BY YOU FROM B SOURCE OR IN CONNECTION WITH YOUR USE OF THE SITE SHALL
CREATE ANY WARRANTY, NOR IS IT INTENDED TO SUPPLY LEGAL, FINANCIAL,
MANAGEMENT, HUMAN RESOURCES, ACCOUNTING, OR OTHER FORMS OF ADVICE.
USE OF THE SITE IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY
OR OTHER PROFESSIONAL ADVISOR. IF LEGAL OR OTHER EXPERT ASSISTANCE
OR ADVICE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL SHOULD
BE SOUGHT.
IN NO EVENT SHALL B SOURCE OR THIRD PARTIES WHO CONTRIBUTE TO THE
SITE BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING STRICT LIABILITY
AND NEGLIGENCE) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR
DAMAGE TO PROPERTY OR CLAIMS OF THIRD PARTIES. IF YOU LIVE IN A JURISDICTION
WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE SITE IN ACCORDANCE WITH THESE TERMS, B SOURCE'S LIABILITY
IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.
Proper Law and Jurisdiction
The Site is controlled and managed from the B Source offices in Colorado. All
rights and obligations relating to formation or performance of the agreement
contained in the terms and conditions of this Agreement shall be governed
by the laws of the State of Colorado, without reference to conflict or choice
of law provisions, as applicable to contracts made and performed entirely
within such State. The International Convention on the Sales of Goods, and
other international treaties that are not mandatory with respect to contracts
made and performed entirely in Colorado, shall not apply. The exclusive forum
for the resolution of any dispute relating to the terms and conditions of
this Agreement shall be the state and federal courts in Jefferson County,
Colorado, USA, and you agree to personal jurisdiction of such courts over
you with regard to any dispute relating to the terms and conditions of this
Agreement, and agree to service of process on you by e-mail to the address
you have submitted on the Site, or by any other means deemed reasonable by
B Source.
Notice
Notices to you may be made via either e-mail or regular mail. B Source may
also provide Notices of Changes in the terms and conditions of this Agreement
or other matters by displaying notices or links to notices to you generally
on the Site.
All notices, demands, or consents given under this Agreement from
you will be in writing and will be deemed given when delivered to B
Source by an email with the subject heading "CONTRACT NOTICE" which
is sent to a B Source-designated URL for support and/or notice@thebusinessmarket.com.
Violations
Please report any violations of the terms and conditions of this Agreement
to B Source using the contact information.
Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under
the terms and conditions of this Agreement. If any provision of the terms
and conditions of this Agreement are found to be invalid by any court having
competent jurisdiction, the invalidity of that provision shall not affect
the validity of the remaining provisions of is Agreement, which shall remain
in full force and effect.
Headings in the terms and conditions of this Agreement are for convenience
only and shall have no legal meaning or effect.
No action arising under this Agreement may be brought at any time
more than six (6) months after the facts occurred upon which the
cause of action arose.
The terms and conditions of this Agreement, and not the conduct between
us or any trade practice, shall control the interpretation of the agreement
between the parties respecting the Site. B Source's decision not to
enforce a particular provision of this Agreement does not mean that
B Source waives the right to enforce it. B Source shall waive such
a right only in writing.
Last Updated: 02/09/2008 |
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