If you are an existing Franchisee of ours pursuant to a Franchise Agreement, references to “our Web Site” shall include our Web Site’s “Inner Circle” section. The Inner Circle includes the “Owner’s Forum” and may include other message board services, bulletin board services, chat areas, blogs, forums, and related communication facilities designed to enable you to communicate with others in the Midtown franchise system, all of which are provided solely for the use of our Franchisees (collectively, the “Owner’s Forum”).
PERMITTED USE OF WEB SITE.
The contents of our Web Site, including all text, graphics, designs, programs, files, information, and other aspects, and all trademarks, service marks, and trade names are our property, or property of our licensors, assigns, or other owners, as applicable. The copying, distribution, publication, or other use of these materials or any part of our Web Site is prohibited. You have no right to any of aspect of our Web Site or any of our other property, except the limited right to use our Web Site as set forth above.
RULES FOR USE OF WEB SITE.
You are solely responsible for any acts, omissions or activities that arise out of or relate to your use of our Web Site. Your use of our Web Site and any content or information on our Web Site (“Content”) is subject to all applicable United States federal and state law, regulations, statutes, and treaties, as well as the applicable foreign laws, regulations, statutes and treaties. You understand, acknowledge, and agree that your use of our Web Site and any Content is also subject to the following rules:
- We reserve the right to edit or delete any Content from our Web Site at any time;
- You may not create compilations or derivative works of any Content from our Web Site;
- You may not use our Web Site in a manner that violates any applicable state, federal, or foreign law regulating e-mail, facsimile transmissions, or telephone solicitations;
- You may not interfere or attempt to interfere with the working or functionality of our Web Site; and
- You understand and agree that we have the right at any time to disclose any information, including any personal information that you disclose, which is necessary to comply with or satisfy any law or valid governmental request. This includes, without limitation, disclosure of information related to any investigation of purported illegal or criminal activities or compliance with a court order or subpoena.
CHILDREN UNDER 13.
Our Web Site is not directed at children under 13 years old, and we do not knowingly collect information from children under 13 years old. If you are under 13 years of age, you should not use our Web Site for any purpose.
We make no representation, guarantee, or warranty that our Web Site will be error-free, free of viruses or other harmful elements, or that any defects existing on our Web Site will be corrected. We do not represent or warrant that the information available on or through our Web Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality, or Content of our Web Site at any time.
THIRD PARTY MATERIAL.
Our Web Site offers you the opportunity to submit a testimonial regarding your experience with a Franchisee and the Midtown Chimney Sweeps® services you have been provided.
Any personal information you submit in a testimonial can be read, collected, or used by us or other visitors of our Web Site, and could be used for any purpose. We do not ask you to disclose personal information other than your name in a testimonial, but, if you do so, we and other visitors to our Web Site may use such personal information for any purpose. We disclaim and you agree to release us from any liability resulting from your disclosure of personal information submitted in a testimonial.
As the content of the testimonials is not prepared by us, we neither assume nor have any responsibility or liability for such content or for any claims, damages, injury, or losses resulting from the testimonials, or their use or appearance on our Web Site.
YOUR USE OF OUR WEB SITE IS AT YOUR OWN RISK. THE CONTENT ON OUR WEB SITE IS PROVIDED “AS-IS.” ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES OF TITLE, AND ANY WARRANTIES OF NON-INFRINGEMENT, ARE DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INTERRUPTIONS, LIMITATIONS, DELAYS, OMISSIONS, ERRORS, VIRUSES, DEFECTS, HARMFUL ELEMENTS, INABILITY TO ACCESS, OR OTHER PROBLEMS ON OR WITHIN OUR WEB SITE INCLUDING THOSE ARISING OUT OF YOUR USE OF OUR WEB SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEB SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Web Site and the Content on our Web Site.
APPLICABLE LAW, VENUE, AND JURISDICTION.
LIMITATION OF LIABILITY.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE AND THE AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM OUR WEB SITE, (B) THE UNAVAILABILITY OR INTERRUPTION OF OUR WEB SITE OR ANY FEATURES THEREOF, (C) YOUR USE OF OUR WEB SITE, AND (D) THE CONTENT CONTAINED ON OUR WEB SITE.
We make no representations that the Content on our Web Site is appropriate or available for use in locations outside of the United States, or whether access to our Web Site and the provision of information through our Web Site from such locations is permitted. Those who choose to use our Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
1-844-SWEEPNOW Toll Free in the U.S.
Midtown Sweeps Franchising Co., Inc.
143 Union Boulevard, Suite 825
Lakewood, Colorado 80228
Attention: Web Master
ACCOUNTS AND REGISTRATIONS.
If you are a Franchisee of ours, you will be given access to the password-restricted Inner Circle section of our Web Site, for which we will assign you a username and a password. The account information is for your personal use only. You are solely responsible for maintaining the confidentiality of your account information, and for any acts, omissions or activities that arise out of the use of your account information. You acknowledge and agree that we and the Affiliated Parties shall not be liable for any loss, injury, claim, or damage of any kind resulting in any way from any use by you or any other party of your account information, including your username or password.
You may not allow any other person or entity to use your account information including your username or password for any reason. We are not liable for any damages, injury, losses or harm caused by or related to the theft, appropriation, or any misuse or disclosure of your account information including your username and password. In the event you become aware of or believe there was or is any unauthorized use of your account including your username or password, you must notify us immediately.
OWNER’S FORUM POSTS.
The Owner’s Forum will allow you and other Franchisees to post, upload, and display information (each posting of such information shall be referred to as a “Post”). You are solely responsible for all of your Posts.
In the event that you make a Post, or a Post is otherwise made through any account of yours on the Owner’s Forum or elsewhere on our Web Site, you will be deemed to represent and agree to the following:
- Other than your name, the Post does not contain any personal information to identify you, your account or any other person, and, if it does, you accept all consequences of the dissemination of such personal information;
- The Post does not contain any other information or content that we consider in our sole discretion to be inappropriate for our Web Site, or that we consider would reflect negatively on the Oxi Fresh franchise system;
- The Post does not contain any personal attacks on any person or entity, including us or any other Franchisee;
- The factual information in the Post, if any, is accurate and not misleading;
- The Post relates solely to your business authorized under your Franchise Agreement, and does not relate to any other business or commercial purpose;
- The Post does not contain any information, graphics, or other content that:
(1) contains a virus or other harmful component or otherwise interferes with, impairs or damages our Web Site and any individual’s or entity’s use or enjoyment of our Web Site;
(2) is abusive, offensive, hateful, racist, disruptive, antisocial, defamatory, threatening, violent, vulgar, sexually explicit, pornographic, slanderous or otherwise harmful, including, without limitation, speech that attacks, insults, or demeans a group of persons based on their race, sexual orientation, gender, age, disability, ethnicity, or veteran status;
(3) contains unlawful information; and
(4) does not generally relate or is inconsistent with any discussion, topic or theme of any of the Owner’s Forum or any other section of our Web Site;
- You possess any and all necessary rights in and to the Post and the information in and content of the Post. In particular, you may not make any Post or otherwise upload or transmit information to our Web Site that includes, displays, or reproduces in any way, trademarks, service marks, copyrighted materials, or other proprietary or trade secret information of any third party without first obtaining written consent of the owner of such intellectual property, trade secret, or other proprietary information;
- The Post does not infringe any legal, proprietary, intellectual property, privacy right, contractual right, or other rights of any person or entity;
- We possess the right to change, use, delete, exploit and distribute the Post in any manner and at our sole discretion;
- We shall not be required to pay you or any person or entity any form of compensation for our exploitation, distribution or other use of your Post or any ideas, concepts, or other information or content in the Post;
- Any and all Posts shall become our sole property and we are therefore authorized to use the Post and any information contained in the Post in whole or in part, throughout the world, for any purpose, in perpetuity in or on any media in any manner without any compensation to you or any other person or entity;
- You will not impersonate any person or entity, including us or any of our representatives, or otherwise manipulate information in any Post to disguise the origin of the Post;
- All Posts shall be in compliance with your Franchise Agreement and any other agreements you have entered with us, and with our Procedures Manuals and other specifications and standards; and
- You may not make any Post or otherwise upload or transmit information to our Web Site including large amounts of repetitive or untargeted content.
The open and real-time nature of the Owner’s Forum and Post process makes it impossible for us to vouch for the validity and accuracy of Posts from individual Franchisees. We do not monitor, endorse, edit or screen all Posts, although we have the right to do so in our discretion. Posts do not necessarily reflect our views or opinions. You acknowledge, understand and agree that we shall neither assume nor have any responsibility or liability for any Posts or for any claims, damages, injury or losses resulting from the Posts, or their use or appearance on the Owner’s Forum.
You may not collect personal information about others on the Owner’s Forum or without our consent and their consent. Your use of our Web Site and the Owner’s Forum shall in all respects be in compliance with your Franchise Agreement and any other agreements you have entered with us, and with our Procedures Manuals and other specifications and standards.
VOLUNTARILY DISCLOSED PERSONAL INFORMATION.
Any personal information you submit to the Owner’s Forum in a Post can be read, collected, or used by other Franchisees, and could be used for any purpose, including to send you unsolicited communication. We do not ask you to disclose personal information through the Owner’s Forum other than your name, but please be advised that your name and any other personal information you choose to provide may be used by us and other Franchisees using the Inner Circle section of our Web Site for any purpose.
We are not responsible for any personal information you choose to submit in a Post. We make no guarantees as to the security of any personal information so provided. We disclaim and you agree to release us from any liability resulting from your disclosure of personal information submitted in a Post.
Any Posts or other information submitted through our Web Site may be maintained indefinitely.
COLLECTION OF INFORMATION BY FRANCHISEES.
DISCLAIMER AS TO OWNER’S FORUM.
THE OWNER’S FORUM CONTAINS THE OPINIONS AND VIEWS OF OTHER FRANCHISEES, WHO ARE NOT ACTING AS EMPLOYEES OR AGENTS OF OURS. WE DO NOT ENDORSE OR GUARANTEE, AND WE ARE NOT RESPONSIBLE FOR THE ACCURACY, VERACITY, OR EFFICACY OF ANY CONTENT, INFORMATION OR POSTS GENERATED BY SUCH FRANCHISEES.