|
Legal Notices – Terms of Use
Please review the following
terms and conditions carefully. This agreement is a legally binding
contract between you (“You” or “Your”)
and BigFoot Franchise Systems, LLC (“BFS”) and its
affiliated companies (collectively referred to in these Legal
Notices as “We,” “Us” or “Our”)
regarding Your access to and use of Our web site (the “Site”).
By accessing the Site, You agree to the terms and conditions as
outlined in this legal notice.
We reserve the right to change these terms and conditions from
time to time at Our sole discretion by posting such revised terms
and conditions on the Site. Your continued use of the Site following
any such change constitutes Your agreement to follow and be bound
by the terms and conditions as changed.
1. Proprietary Rights Restrictions
All material on the Site, including without limitation
all informational text, photographs, graphics, audio, video, messages,
files, documents, images or other materials (collectively, the
“Materials”), whether publicly posted or privately
transmitted, as well as all derivative works, are owned by Us
or other parties that have licensed their material to Us and is
protected by copyright, trademark and other intellectual property
laws. We disclaim any proprietary interest in trademarks, service
marks, logos, slogans, domain names and trade names other than
our own. Trademarks, logos, images and service marks displayed
on the Site are either the property of third parties, affiliated
companies, or Us, including, but not limited to, the following
registered trademarks: BigFoot Java ®, BigFoot University
®, and Certified Barista ®. You agree not to display or
use such marks without Our prior written permission.
Unless otherwise specified, the services offered on the Site are
for personal and non-commercial use. The Materials on the Site
may not be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way, including by e-mail or
other electronic means. Any modification of the Materials, use
of the Materials on any web site or networked computer environment,
or use of the Materials for any purpose other than personal, non-commercial
use is a violation of the copyright, trademark, and other proprietary
rights in the Materials and is expressly prohibited.
2. Your Conduct
You agree not to:
a. Upload, transmit, post, email or otherwise make available to
the Site, any content or other material in any format that: (x)
is false, inaccurate, unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, invasive of
another’s privacy, libelous and/or otherwise objectionable;
(y) infringes any third party’s intellectual property; or
(z) contains viruses, worms, Trojan horses, corrupted files, or
any other similar software or programs designed to interrupt,
destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
b. Alter, remove, or falsify any attributions or other proprietary
designations of origin or source of any other content appearing
on the Site or contained in a file that is uploaded to the Site;
c. Impersonate any person or entity, including, but not limited
to, Our official or falsely state or otherwise misrepresent Your
affiliation with a person or entity;
d. Attempt, through any means, to gain unauthorized access to
the Site, or another user’s account on the Site; or
e. Use any robot, spider, other automatic device, or manual process
to monitor or copy web pages or the content contained herein without
our prior expressed written permission. Additionally, You agree
that You will not take any action that imposes an unreasonable
or disproportionately large load on Our infrastructure.
The use of any device, software or routine that interferes or
attempts to interfere with the proper working of the Site is expressly
prohibited. If you are issued a password, You may not disclose
or share Your password with any third parties or use Your password
for any unauthorized purpose. In any case, You remain solely responsible
for any authorized or unauthorized use of Your password.
3. Submissions
All remarks, suggestions, ideas, graphics, or other information
communicated to Us through the Site (together, the “Submission”)
will forever be Our property. We will not be required to treat
any Submission as confidential, and will not be liable for any
ideas for its business (including without limitation, product,
or advertising ideas) and will not incur any liability as a result
of any similarities that may appear in Our future operations.
Without limitation, We will have exclusive ownership of all present
and future existing rights to the Submission of every kind and
nature everywhere. By communicating a Submission to us, You hereby
assign such Submission to Us. We will be entitled to use the Submission
for any commercial or other purpose whatsoever without compensation
to you or any other person sending the Submission. You acknowledge
that you are responsible for whatever material you submit, and
you, not Us have full responsibility for the message, including
its legality, reliability, appropriateness, originality, and copyright.
4. The Site
Some areas of the Site require registration for use.
In those instances, We require that You register with Us. You
must complete the registration process by providing Us with current,
complete and accurate information as prompted by the registration
form. You further agree to maintain and promptly update any registration
information in order to keep it true, accurate, current and complete.
5. Password and Security
Upon registration for Your account, You will choose a
user identification name and a password. You are solely responsible
for maintaining the confidentiality of Your password and user
ID. Furthermore, You understand and agree that the account is
Yours, individually, and that You are solely responsible for any
and all activities that occur under Your account, including but
not limited to, ensuring that You completely exit from Your session
at the Site. Additionally, You agree to immediately notify Us
of any unauthorized use of Your password, account or any other
breach of security.]
6. Links to Other Web Sites
The Site contains links to third party sites. The linked
sites are not under Our control and We do not endorse, adopt or
undertake any responsibility for the content or privacy practices
of any linked site.
7. Franchise Opportunities
The materials on the Site describe BigFoot Franchise
Systems, LLC’s (“BFS”) franchise offering. They
do not constitute an offering for sale of a franchise. Such offering
is only commenced by our delivery of a prospectus to you in compliance
with applicable law, including, without limitation, the Federal
Trade Commission Rule on Franchising and various state laws regulating
the sale of franchised opportunities.
8. Career Opportunities
The positions listed on the Site may include opportunities
with locations owned and operated by any of our affiliates (“Company
Stores”) as well as locations owned and operated by BFS’s
franchisees (“Franchised Stores”). The positions in
Company Stores may be subject to different terms and conditions,
including, but not limited to benefits and employment policies,
than those positions in Franchised Stores. We accept no responsibility
or liability with respect to the terms and conditions of employment
with a Franchised Store. Specific information about the terms
and conditions of employment associated with a particular position,
will be set forth on the date of hire. Postings on the Site do
not represent an offer of employment. Any offer of employment
must be made in person by an authorized representative of BigFoot
Franchise Systems, LLC, its affiliates or of a BFS franchisee
in accordance with Our (or such franchisee's) hiring policies
and procedures.
9. Disclaimer of Warranties
a. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR
SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW.
b. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS,
OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS, IF ANY, THAT
MAY BE OBTAINED FROM THE USE OF THE SITE.
c. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
d. YOU UNDERSTAND AND AGREE THAT WE DO NOT GUARANTEE THE ACCURACY
OR COMPLETENESS OF ANY INFORMATION PROVIDED AT OR IN CONNECTION
WITH THE SITE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS
OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
e. WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED,
OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE
INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT THE
SITE. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN.
f. WE MAKE NO WARRANTY REGARDING ANY PRODUCTS OR SERVICES PURCHASED
OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO
THROUGH THE SITE.
10. Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE
INABILITY TO USE THE SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE
PRODUCTS AND SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES
EVEN IF FORESEEABLE OR WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
11. Indemnification
You agree to indemnify, hold harmless and release Us,
and each of Our respective subsidiaries, affiliates, officers,
agents, licensees, co-branders or other partners, and employees,
from and against any and all claims, damages, costs and expenses,
including attorney’s fees, arising from or related to Your
use of the Site and/or any content contained therein and/or any
transaction You enter into with a third party based on information
or contacts obtained from the Site.
12. Changes to the Site
We reserve the right to modify, suspend or discontinue
all or any portion of the Site at any time, with or without notice.
Unless stated otherwise, any new features to the current Site
shall be subject to these Terms of Use. All areas of the Site
are currently accessible to users without charge, however We reserve
the right to charge users for access to or use of any portion
of the Site in the future. These Terms of Use may be modified
by Us at any time. Any such changes will be posted on the Site.
Your continued use of the Site shall be deemed acceptance of any
modifications.
13. Failure to Abide by these Terms
We may in Our sole discretion terminate or suspend Your
account and any current activities at the Site immediately without
notice to You if You breach these Terms of Use or if We are unable
to verify or authenticate any information that You provide to
Us. We reserve the right, in Our sole discretion, to refuse access
to any user at any time to those portions of the Site that require
registration. You agree that We shall not be liable to You or
any third party for any termination of Your access to any Material
and/or the Site.
14. Governing Law; Consent to Jurisdiction
You agree that these Terms of Use are governed by the
laws of the State of Washington (notwithstanding any principles
of conflict of laws) and that proper and convenient venue lies
exclusively with the courts State and federal courts sitting in
the State of Washington. You agree to be subject to the personal
jurisdiction of the State and federal courts sitting in or having
jurisdiction over State of Washington, Washington, U.S.A. in the
event that any litigation results concerning any aspect arising
out of these Terms of Use.
15. Miscellaneous
These Terms of Use constitute the entire agreement between
You and Us with respect to the Site. If any provision of these
Terms of Use is found to be invalid or unenforceable by a court
of competent jurisdiction, such provision shall be severed from
the remainder of the Terms, which shall remain in full force and
effect. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent
breach or default. The section headings used herein are for convenience
only.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND
THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. YOU
FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT
OF THE AGREEMENT BETWEEN YOU AND US WHICH SUPERSEDES ANY PROPOSED
OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS
BETWEEN YOU AND US RELATING TO YOUR USE OF THE SITE.
If You have any questions or comments about our Terms of Use,
You may contact
Us.
|
