Terms - Franchise Business Law Group

Effective Date: June 1, 2020

Welcome to www.franchisebusinesslawgroup.comcom (“Website”). This Website is owned by The Franchise & Business Law Group, LLC (“FBLG” and “We” or “Our”).

When you visit this Website, you are agreeing that both your access to the Website and your use of the Website are governed by these Terms of Use (“Terms of Use”). By using this Website, you agree to comply with and to be bound by these Terms of Use. Please read them carefully.

No Attorney-Client Relationship or Legal Advice

Information you obtain from this Website and any linked social media or blog posts authored by or commented on by firm attorneys is for informational purposes only and does not constitute legal or expert advice. Nothing on this Website creates an attorney-client relationship. You should not act upon informational content without seeking professional legal counsel regarding your particular situation or issue.

FBLG has included the effective date of our Terms of Use above. We reserve the right to change the Website and these Terms of Use at any time without notice to you by posting such changes to this Website. You can view the most current version of the Terms of Use by clicking on the “Terms of Use” hypertext link located at the bottom of the home page in this Website. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use the Website. These Terms of Use supersede all previous notices or statements regarding the Website. We reserve the right to terminate or discontinue any aspect of the Website in our sole discretion and without any notice including, but not limited to, information or other materials, features and/or hours of availability and we will not be liable to you or any third party for doing so.

Usage Restrictions

We grant you a personal, non-exclusive, non-transferable license to access the Website and to use the information and services contained here. No right, title or interest in any materials, whether downloaded or not, is transferred to you as a result of any use. FBLG reserves complete title and full intellectual property and other rights in any content on the Website. We reserve complete title and full intellectual property rights for materials copied from this Website. No joint venture, partnership, employment or agency relationship exists between FBLG and you as a result of these Terms of Use or your use of the Website.

Except as otherwise provided herein, use of the Website does not grant you a license to any content, features or materials you may access on the Website. You may not copy, download, reproduce, modify, rent, lease, loan, sell, publish, transmit, transfer, distribute or create derivative works of such content, features or materials in whole or in part unless you first obtain FBLG’s written permission, or unless otherwise allowed by these Terms of Use. Any commercial use of the Website is strictly prohibited, except as expressly allowed herein or as otherwise provided by www.franchisebusinesslawgroup.com If you make use of the Website, other than as provided herein, in doing so you may violate copyright, trademark and other laws of the United States, other countries, as well as applicable state laws and you may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on this Website.

You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of this Website or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of this Website or any of its content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through this Website. We reserve the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of this Website, or any other systems or networks connected to this Website or to any of our servers, or to any of the services offered on or through this Website by hacking, password “mining,” or any other illegitimate or illegal means.

You may not probe, scan, or test the vulnerability of this Website or any network connected to this Website, nor breach the security or authentication measures on this Website or any network connected to this Website. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any transaction being conducted on this Website, or with any other person’s use of this Website.

You may not use this Website or any of its content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.

We cannot and do not guarantee or warrant that files made available for downloading through this Website will be free of infection or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. By accessing this Website, you acknowledge and agree that it is your responsibility to implement sufficient safeguards and procedures to ensure that any files obtained through this Website are free from such contamination.

Users

You must be 18 years of age or older to use, or to transmit or submit any content, material or personally identifiable information. By submitting information through this Website, you represent that you meet these age restrictions. You are provided access to and use of this Website subject to your compliance with these Terms of Use. No material from this Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically allowed in these Terms of Use.

Links to Third-Party Websites

This Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the companies or the contents of any linked third-party websites. We do not control nor are we responsible for the content of linked third-party websites, and FBLG makes no representations regarding the contents or accuracy of materials on the linked third-party websites. If you access any linked third-party website, you do so at your own risk.

Intellectual Property Rights

All of the content you see on this Website, including, but not limited to, page headers, images, illustrations, graphics, audio, video, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by FBLG, one of its affiliates or by third parties who have licensed their materials to www.franchisebusinesslawgroup.com We provide the content of the Website for lawful purposes only.

The entire contents of this Website, including without limitation: text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of FBLG, its content suppliers, affiliates, or its clients and are protected by domestic and international trade dress, patent, copyright, and trademark laws and various other intellectual property rights and unfair competition laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website contents without our prior express written consent.

Your submission of files, including without limitation to: resumes, email, Flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant us a nonexclusive, royalty-free, worldwide, sublicensable, perpetual license to reproduce, distribute, transmit, modify, adapt, sublicense, and publicly display any such submissions. You also grant us the right to utilize your name in connection with all advertising, marketing, and promotional materials related thereto. You receive no compensation for our use of any submission you make.

Trademarks and Service Marks

The name “Franchise & Business Law Group” and the identifying logo/symbol constitute trademarks and service marks owned by FBLG. Absent a written license agreement, you may not use these trademarks or any other trademarks belonging to FBLG or its affiliates except for descriptive purposes. All third-party trademarks, product names, and company names and logos appearing on this Website are the property of their respective owners and are used for descriptive purposes. Mention on this website of trademarks held by other parties should not be construed as a challenge to such trademarks’ status or ownership.

International Use

Given the global nature of the Internet, you agree to comply with all local rules and regulations, including without limitation, rules about the Internet, data, email, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws and regulations regarding the transmission of technical data exported from the Unites Sates or the country in which you reside.

Submissions and Comments

All comments feedback, suggestions, ideas and other submissions disclosed, submitted or offered to us on or by the Website or otherwise disclosed, submitted or offered to FBLG (collectively “Comments”) shall be and remain the property of FBLG, which FBLG may use for any purpose and without compensation, including for commercial purposes. Such disclosure, submission or offer of any Comments shall constitute an assignment to FBLG of all rights, title and interest worldwide in all intellectual property in the Comments. We are and shall be under no obligation to maintain any Comments in confidence or to pay any compensation for any Comments.

You may not use unlawful, obscene, profane, threatening, etc. language or content in any Comment. You agree that your Comments will not violate any rights of any third party, including copyright, trademark, privacy or other personal or property right(s). You are and will remain solely responsible for your Comments and their content.

Privacy of Your Information

Your information is subject to Our Privacy Policy. For more information, see our full Privacy Policy. You agree to the use of your information in accordance with our Privacy Policy.

Disclaimer of Warranty

We provide this Website on an “as is” and “as available” basis. We make no representations or warranties of any kind, express, implied, or statutory as to the operation of this Website or the information, content, OR materials included on this Website. we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. without limiting the foregoing, we do not represent or warrant that this website will be accessible without interruption or that this website, any content from this website, emails sent or generated from this website, or the server that makes this website available are free from viruses, errors, defects, design flaws, omissions or other harmful components. your use of this website is at your own risk.

Limitation of Liability

In no event will FBLG or affiliates, nor any of its and their respective officers, directors, members, managers, employees, agents, REPRESENTATIVES, successors or assigns be liable, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, to you or any other person for any damages of any kind (including without limitation, any direct, indirect, incidental, special, exemplary, punitive, or consequential damages, loss of data, income or profit, loss of or damage to property, and claims of third parties), arising out of or in connection with any use of, the inability to use, or the results of use of this Website.

Certain state laws and jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. In no event will be liable or responsible for any errors or omissions in the content of this website, including without limitation, errors in pricing or availability of services and products, or damages that may result form misrepresentation of age by a user of this website.

Indemnification

You agree to defend, indemnify and hold harmless FBLG and its parent(s) and affiliates, and each of their respective officers, directors, members, managers, shareholders, employees, agents, successors, licensors, suppliers, or assigns from and against any and all losses, claims, damages, costs and expenses, including attorneys’ fees, arising from or related to: (a) your use of the Website; (b) your violation of these Terms of Us including negligent or wrongful conduct; or (c) your posting or transmission of any materials on or through the Website.

Termination of Usage

You agree that FBLG in its sole discretion and without prior notice may terminate your access, suspend your access to all or part of the Website, and/or block your future access to this Website if we determine you have violated the Terms of Use or other agreement or guidelines which may be associated with your use. Such termination or suspension of access may occur, without limitation, for any conduct that we, in our sole discretion, believe is a violation of these Terms of Use, is in violation of any applicable law, or is harmful to the interests of another user, customer, recipient, licensor, content or service provider, FBLG, or its corporate parent(s) or affiliates.

You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to us, for which monetary damages would be inadequate; and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we have at law or in equity.

You agree that we, in our sole discretion and without prior notice, may terminate your access to this Website for cause, which includes: (1) requests by law enforcement or other government agencies; (2) a request by you (self -initiated account deletions); (3) discontinuance or material modification of this Website or any service offered on or through this Website; or (4) unexpected technical issues or problems.

Resolution of Disputes

Applicable and Governing Law. The validity, enforcement, construction, rights and liabilities of the parties and the provisions of these Terms of Use shall be governed and interpreted in accordance with the laws of the State of Utah. In the event of litigation, both parties consent to jurisdiction of the courts of record in the State of Utah and you expressly agree that proper jurisdiction and venue shall be in the state or federal courts of Salt Lake County, State of Utah. These Terms of Use constitute a transaction made in interstate commerce and is governed by the United States Federal Arbitration Act, 9 U.S. C. § 1, et seq. The FAA’s provision, not state law, govern all questions of whether a dispute is subject to arbitration.

Resolution of any Dispute. In the event a dispute arises between you and us, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling or emailing our customer care department, which may be accessed by clicking on the “Contact Us” link on the side menu and you are required to attempt to first resolve your claim or dispute via our customer service line and procedures. If, however, there is an issue that is not resolved via our regular customer service procedure, the following terms describe how both of us will proceed.

Limitation on Legal Remedies. Instead of suing in court, you and we each agree that we will only seek arbitration of the disputes on a bilateral (individual) basis. In other words, you agree that litigation is not an option to resolve a dispute with us. You and we agree that any dispute, controversy, or claim arising out of your use of this Website or its content (“Claims”) which cannot be settled by mutual agreement of the parties shall be resolved through binding arbitration with a single arbitrator.

This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. The arbitrator will have the power and jurisdiction to decide such controversy or dispute solely in accordance with the express provisions of these Terms of Use. The arbitrator’s decision and any award or relief granted will be final and binding, with certain exceptions under the Federal Arbitration Act, 9 U.S.C. §1, et seq., and judgment on the award may be entered in any court with jurisdiction. Any legal action or arbitration proceeding brought or instituted with respect to any Claim must be brought or instituted within a period of one year from the date upon which a party discovered, or should have discovered, the facts giving rise to an alleged claim; provided that no claim may be brought more than two years after the first act or omission giving rise to an alleged claim

No Class Actions or Jury Trials. To the fullest extent permitted by law, all rights to trial by jury in any action or Claim, whether at law or in equity, brought by either party. Any Claim must be conducted and resolved on an individual basis only and not on a class-wide, multiple plaintiff or similar basis between you and us and will not be consolidated with any other arbitration or court proceeding involving us and any other party.

Arbitration Procedure. A party who seeks arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. Notice to FBLG must be sent by mail to the physical address below and made to the attention of the legal department. Notice to you will be sent to the email or physical address you have provided.

Upon receipt of such notice, the other party will have sixty days in which it may satisfy the Claim by fully curing the Claim and/or providing all the relief requested in the notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of the sixty-day cure period without a resolution or cure, you or we may commence an arbitration proceeding.

Any Claim or dispute will be referred to the American Arbitration Association (“AAA”) in accordance with its commercial arbitration and consumer-related disputes rules in effect. These rules and procedures are available by calling the AAA or visiting its website at www.adr.org. All arbitration hearings will be conducted exclusively in Salt Lake City, Utah. Any non-frivolous Claim that does not exceed $10,000, FBLG agrees that it will: (1) pay all costs of the arbitration; (2) if you prefer, the arbitration may be conducted by telephone; and (3) will not seek attorneys’ fees in the event we prevail. Each party is responsible to pay the fees and costs of its own counsel, experts, and witnesses. For Claims in excess of $10,000 the prevailing party will be awarded attorneys’ fees and costs, including reimbursement of the prevailing party’s arbitration fee.

Each party agrees to limit discovery to the following limitations: each party may submit in writing to the other party a maximum of any combination (none of which may have subplots) of the following: interrogatories, demands to produce documents, and requests for admission; ach party is entitled to take the deposition of one individual of the other party. Additional discovery is only permitted upon mutual agreement by the parties.

Exception to Arbitration. Any claim or action for indemnification, contribution, interpleader, trademark infringement, or injunctive relief arising out of a Claim is not subject to arbitration.

To contact FBLG with any questions or concerns in connection with these Terms of Use or the Website, you can email, call, or write to us at the following:

Attn: Web Manager

Email: info@fblglaw.com

Phone: 801-575-5001

Physical Address: 57 West 200 South, Ste 350, Salt Lake City, Utah 84101

Miscellaneous

VOID WHERE PROHIBITED: although the information on this Website is accessible worldwide, not all information, products or services discussed on the Website are available to all persons or in all geographic locations or jurisdictions. FBLG reserves the right to limit the provision of its information, products, or services to any person, geographic area, or jurisdiction as they desire, and to limit the quantities of any products or services they provide, in their sole discretion.

The failure of FBLG to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. We may assign our rights and duties under these Terms of Use to any party at any time without notice to you.

If any provision or term of these Terms of Use is found to be invalid, void, or for any reason unenforceable, that provision(s) or term(s) shall be deemed severed from these Terms of Use and the remaining Terms of Use shall be deemed valid and enforceable and in full force and effect. Any rights not expressly granted herein are reserved.

The Terms of Use constitute the entire agreement between you and FBLG with respect to this Website. These Terms of Use superseded all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us regarding this Website. No modification of these Terms of Use will be effective unless authorized by us.