Terms & Conditions

Introduction: Please read this web page carefully. It contains the Terms and Conditions governing your access to and use of the FranchiseChemistry Web Site. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Site. These Terms and Conditions are effective as of September 1, 2008.
Binding Agreement:These Terms and Conditions, together with all Exhibits to these Terms and Conditions (as they may be amended from time to time by FranchiseChemistry) form a binding agreement (the "Agreement") between you and FranchiseChemistry. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.
Certain Definitions:The following definitions apply to this Agreement: "FranchiseChemistry Web Site" or the "Site" includes www.franchisechemistry.com in its entirety and its related sites owned or operated by FranchiseChemistry and includes their Content, Text, Graphics, Design, Programming and Services as applicable in the context.
"Content" includes all Text, Graphics, Design and Programming used on the Site. "Text" includes all text on every page of the Site, whether editorial, navigational, or instructional. "Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.

"Design" includes the color combinations and the page layout of the Site. "Programming" includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Site.

“Advertisers” refers to sponsors of the site who provide certain “Content” for the Site.

"Document" refers to any posting to the Site. "Services" means any services provided on the Site by FranchiseChemistry or its agents or advertisers. "User" refers to any individual or entity who uses any aspect of the Site.

"You" and "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
Links to Other Sites: FranchiseChemistry contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by FranchiseChemistry of the contents on such third-party web sites. FranchiseChemistry is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
Amendments to this Agreement and Changes to Site FranchiseChemistry may revise this Agreement at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions (including any Exhibits thereto). If at any time you find the Terms and Conditions unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by FranchiseChemistry unless FranchiseChemistry agrees to them in a signed writing specifically including those new or different terms. FranchiseChemistry may change the Site at any time.
Indemnity: You agree to defend, indemnify, and hold harmless FranchiseChemistry (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site or your breach of this Agreement. FranchiseChemistry shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
User Information: The Privacy Policy posted on the Site is incorporated into this Agreement by this reference. The Privacy Policy governs data collected through FranchiseChemistry on-line operations only. Please note, as set forth in the Privacy Policy, that FranchiseChemistry may collect certain personal information from Users and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, FranchiseChemistry reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain information collected from Users.
Questions and Notices: Questions concerning the use of the Site should be directed to Info. Notices shall be sent, for FranchiseChemistry, to the address listed on the Site, and, for you, to the address submitted by you or such other address as FranchiseChemistry reasonably determines is an appropriate address for you.
General: FranchiseChemistry contact information is listed on the Site. The FranchiseChemistry Web Site makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access FranchiseChemistry from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement and your Service Agreement, if you have one, are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Agreement shall lie exclusively with the state or federal courts in the State of California. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by FranchiseChemistry in a particular "Legal Notice," or software license or material on particular Web pages of the Site, this Agreement and your Service Agreement where applicable, constitute the entire agreement between you and FranchiseChemistry.

Acceptable Use of the Site

General Use Rules: The Site is intended for individuals seeking franchise opportunities and for Advertisers seeking customers. You may use this Site only for lawful purposes within the stated context of FranchiseChemistry intended and acceptable use of the Site. FranchiseChemistry is the sole interpreter of the Site’s intended and acceptable use.
License to Use by Users seeking franchise opportunities: FranchiseChemistry hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking franchise opportunities for yourself. This authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. You agree that you are solely responsible for the information you provide to FranchiseChemistry.com. FranchiseChemistry reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
License to Use by Users who are Advertisers: FranchiseChemistry hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use to post your Content. You may not sell, transfer or assign any information or your rights to any information (including “User” provided information) provided by FranchiseChemistry to any third party without the express written authorization of FranchiseChemistry. You agree that you are solely responsible for the content of any Content you provide to FranchiseChemistry or post to the Site and any consequences arising from such posting. FranchiseChemistry reserves the right to suspend or terminate your access and use at any time if FranchiseChemistry determines that you are in breach of any of these Terms and Conditions.
Other Specific Rules: You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions and all applicable laws.
Intellectual Property Rights: The Site and all right, title and interest in and to the Site is the sole property of FranchiseChemistry or its licensors, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, FranchiseChemistry reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. "FranchiseChemistry," the FranchiseChemistry design logo and certain other names or logos are service marks or trademarks of FranchiseChemistry, and all related product and service names, design marks and slogans are the service marks or trademarks of FranchiseChemistry. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by FranchiseChemistry trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.

Disclaimers and Limitations on FranchiseChemistry Liability

Allocation of Responsibility: FranchiseChemistry assumes no responsibility for Content posted by Advertisers. FranchiseChemistry acts as a portal for the online posting and publication of Advertisers content and has no obligation to screen advertisements or information in advance and is not responsible for screening or monitoring Content posted by Advertisers. If notified by a User of Content which allegedly does not conform to this agreement, FranchiseChemistry may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Content. FranchiseChemistry has no liability or responsibility to Users for performance or nonperformance of such activities.
No endorsements by FranchiseChemistry: Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, ads, or otherwise.
No Guaranty of Results: FranchiseChemistry makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the financial objectives of Users. FranchiseChemistry does not guarantee that Content posted by Advertisers will result in Users being approved by Advertisers for a franchise and is not responsible for any approval decisions, for whatever reason, made by Advertiser.

Warranty Disclaimers

The site is provided on an 'as is' basis without any warranties of any kind, express or implied. FranchiseChemistry, to the fullest extent permitted by law, disclaims all warranties, including, but not limited to, the warranties of merchantability, title, non-infringement of third parties’ rights, and fitness for particular purpose. FranchiseChemistry makes no warranties about the accuracy, reliability, completeness, or timeliness of the site. Without limitation on the foregoing:
FranchiseChemistry does not warrant that the site will operate error-free or that the site and its servers are free of computer viruses or other harmful mechanisms. If your use of the site results directly or indirectly in the need for servicing or replacing equipment or data, FranchiseChemistry is not responsible for those costs.
FranchiseChemistry makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any content posted by the advertisers, or of any other form of communication engaged in by users. Content may contain inaccuracies or typographical errors. You agree that any reliance on content posted by advertisers, or on any other form of communication with advertisers, will be at your own risk.
FranchiseChemistry makes no representations or guarantees regarding the content of the site, including, but not limited to, broken links, inaccuracies or typographical errors.

Damage Limitations, Allocations Of Liability And Equitable Relief

You assume all responsibility and risk for your use of the site, the internet generally, and the documents you post or access and for your conduct on and off the site.
In no event shall FranchiseChemistry (or any of its officers, directors, shareholders, employees, affiliates, agents or advertisers), be liable for any non-direct damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost franchise opportunity, or business interruption) resulting from or arising under or in connection with the use or access to, or the inability to use or access, the site and/or any document, whether based on warranty, contract, tort, or any other legal theory, and whether or not FranchiseChemistry is advised of the possibility of such damages.
Because some states or jurisdictions do not allow the exclusion or limitation or liability for consequential or incidental damages, the limitations set forth in the preceding paragraph may not apply to you. If any are held inapplicable or unenforceable for any reason, then FranchiseChemistry maximum liability to you for any non-direct type of damages shall be limited to US $200.00 in the aggregate.
In no event shall FranchiseChemistry (or any of its officers, directors, shareholders, employees, affiliates, agents or advertisers), be liable for any direct damages in excess in the aggregate of US$200.00
Due to the nature of this Agreement, in addition to money damages, you agree that FranchiseChemistry will be entitled to equitable relief upon a breach of this agreement by you.

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation:
Violation of these Security Rules may result in civil or criminal liability. FranchiseChemistry will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.