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Terms and Conditions of Use/Trademarks
Terms and Conditions of Use © 2007 Discovery Point Franchising Inc.All rights reserved. Attention: please read these terms carefully before using this internet site. These terms and conditions may have changed since your last visit to this site. Using this site indicates that you accept these terms. If you do not accept these terms, do not use this site. Discovery Point Franchising, Inc., maintains this site as a service to our customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, and download documents, subject to the terms and conditions set out below. USE OF Discovery Point Franchising WEB SITE AND ITS CONTENT Discovery Point Franchising authorizes you to view and download the information, materials, documents and related graphics (collectively, the "Materials") at this site for your information and internal use only, provided that you retain all copyright and other proprietary notices contained in the Materials on any copies of the Materials. You may not modify the Materials at this site in any way, reproduce or transmit in any form, by any means, publicly display, perform, distribute or otherwise use the Materials for any public or commercial exploitation, except as otherwise explicitly provided at this site. Any unauthorized use of the Materials on any other Internet site or networked computer environment for any purpose is strictly prohibited. This site and the Materials are the property of Discovery Point Franchising or its affiliates, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. If you breach any of these Terms, your authorization to use this site automatically terminates and you must immediately destroy any downloaded or printed Materials. You assume full responsibility and all risks arising from use of this site. The Materials may be out of date, and Discovery Point Franchising makes no commitment to update the Materials. The Materials may include technical inaccuracies or typographical errors. Discovery Point Franchising reserves the right to make additions, deletions, or modifications to this site or the Materials, or in the products or services described in the Materials, at any time without any obligation to notify you of such changes. This site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. The information on this site is provided with the understanding that the provision of information by Discovery Point Franchising and the various authors and publishers of Material does not constitute the rendering of medical, legal, financial, accounting, tax, career or other professional advice or services. As such, information on this site should not be relied upon or used as a substitute for consultation with professional advisors. Any recommendations contained in the Materials are intended to provide general guidance only. NO WARRANTIES In addition, while making every effort to ensure the integrity of information on this site, Discovery Point Franchising does not warrant that: (i) the information on this site is correct, accurate, reliable or complete; (ii) the functions contained on this site will be uninterrupted or error-free; (iii) defects will be corrected; or (iv) this site or the server(s) that make it available are free of viruses or other harmful products. Product and service descriptions and specifications are subject to change. Discovery Point Franchising periodically adds or updates the information and documents on this site without notice. It is your responsibility to ascertain whether any information downloaded from this site is free of viruses, worms, Trojan horses, or other items of a potentially destructive nature. LIMITATION OF LIABILITY Discovery Point Franchising's total liability to you in connection with any and all injuries, losses, expenses, demands, claims or damages whatsoever arising out of or in any way related to your use of this site, from any cause or causes, whether in contract, tort (including, but not limited to, negligence) or otherwise, shall not exceed an amount equal to the lesser of (a) damages suffered by you as the direct result thereof, or (b) USD $10.00. If your use of the materials results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Applicable law of some jurisdictions may not allow the exclusion or limitation of indirect, special, consequential, incidental, exemplary, punitive or multiple damages, so the above limitations or exclusions may not apply to you. LINKS TO THIRD PARTY WEB SITES NO IMPLIED ENDORSEMENTS TRADEMARK INFORMATION SUBMISSIONS TO THIS SITE If you send any communications to this site or otherwise to Discovery Point Franchising, you shall be responsible for the content and information contained therein, including its truthfulness and accuracy. JURISDICTIONAL ISSUES ENFORCEMENT OF THESE TERMS All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in Acworth, Georgia, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of Georgia. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Discovery Point Franchising shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Georgia, U.S.A. or any other court of competent jurisdiction. GENERAL This is the entire agreement between the parties relating to the subject matter in these Terms and shall not be modified except in writing signed by both parties or by a new posting by Discovery Point Franchising, as described above. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Any rights not expressly granted herein are reserved. If you have any questions about the rights and restrictions above, please feel free to contact Discovery Point Franchising at the following addresses or numbers: Trademarks and Service Marks The following are registered trademarks or trademarks of Discovery Point Franchising, Inc. or its affiliates in the United States and/or other countries: Adobe and Acrobat are trademarks of Adobe Systems Incorporated. Last updated: December 15, 2007 |
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