Terms of Use
All websites have (or should have) a terms of use that regulate the use and viewing of content. They are generally upheld by the courts. So this is my terms of use for this web site. By reading, linking to, quoting, printing out, or in any way making use of FranchisePundit’s content in any means, place, or forum, you agree to the following:
1. All original content of FranchisePundit is copyrighted by FranchisePundit’s owner, presently Ryan Knoll, and is not to be used without permission except as provided herein. FranchisePundit, Franchise Pundit, FranchisePundit.com, and “the inside scoop on franchises” are all trademarks belonging to Ryan Knoll. In using FranchisePundit you recognize that FranchisePundit is primarily a personal opinion journal, that all content is provided on an as-is basis, and that no factual statement on this site should be relied upon without further investigation on your part sufficient to satisfy you in your independent judgment that it is true. In other words, don’t rely on this webblog to make a decision to buy or sell a franchise! These terms of use are subject to change, and should be reviewed regularly.
2. Permission is granted to read, quote, cite, link to, print out or otherwise use FranchisePundit content, so long as you comply with the terms below.
A. All quotations from FranchisePundit will include credit to FranchisePundit or to Ryan Knoll and, wherever practicable, a hyperlink of the form http://franchisepundit.com … to the site.
B. In exchange for the access to FranchisePundit content described above, you agree not to sue FranchisePundit for its content, whether original or linked or quoted from another source, in any court, on any grounds whatsoever in law or equity. Should you violate this agreement by filing such a lawsuit, you agree to pay FranchisePundit’s owner or owners the sum of one million dollars ($1,000,000) as liquidated damages, in addition to all attorney’s fees, court costs, and other expenses associated with this litigation, and to indemnify and save harmless FranchisePundit and its owners from any damage award made against them in such an action. Should this agreement not to sue be held unenforceable by a court of competent jurisdiction, you agree to binding arbitration, with all arbitration expenses to be paid by you. The arbitration panel shalll be composed of three (3) weblog operators selected by FranchisePundit’s owners or operators. The award in such arbitration shall be limited to (1) a monetary sum not to exceed $10; and (2) the publication of a retraction on the FranchisePundit site. Should this arbitration provision be held uneforceable in a court of competent jurisdiction, you agree to accept as liquidated damages in any lawsuit against FranchisePundit the sum of ten dollars ($10), and you agree that you will be entitled to no other relief of any kind in law or equity. You agree that all disputes concerning these terms of use or the content of FranchisePundit.com are to be resolved in the courts of Cook County, Illinois, under the laws of Illinois and the United States of America.
C. You agree that efforts to obtain FranchisePundit content in violation or circumvention of these terms of use constitute a violation of FracnhisePundit’s copyright and you understand and agree that (1) by virtue of this agreement you are estopped from arguing otherwise: and (2) such violations may lead to civil or criminal penalties.
D. If you are some form an incorporated entity (such as a corporation, L.P, L.L.C., or any other business form), you agree to provide, upon the filing of any lawsuit or the mailing of any letter threatening legal action, a bond in the amount of one million dollars ($1,000,000) as security against the liquidated damages provided for in paragraph 2.B. above. If you are an attorney or law firm representing a party filing such lawsuit or causing such a letter to be sent, you agree to provide a bond in the same amount as security against the liquidated damages provided for in paragraph 2.B. above unless you have never accessed, viewed, read, or otherwise made use of FranchisePundit content in any form.
3. This weblog is for educational purposes only and does not provide specific legal or financial advice. You agree not to hold this web site or its owners or content providers liable for any loss or damages. In addition, this web site nor its owners or content providers do not endorse, warrant or guarantee any information is accurate. For legal advice you need to consult with an attorney in your state. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
4. If you do not agree to these terms of use, exit the site immediately, destroy all copies of FranchisePundit content remaining in any form on your computer, any other computer or network device under your control, in print form, or on any information storage or retrieval device that you possess or control. Then execute the following affidavit and send it to the address you will receive by emailing ryan@franchisepundit.com.
Affidavit
I hereby certify under penalty of perjury that I possess no copies of the FranchisePundit website in any form whatsoever; that neither I nor any employee or associate will access that site in the future in any form whatsoever; that I will immediately destroy any copies of FranchisePundit content that happen to come into my possession. I understand that action contrary to these statements constitutes both perjury and a violation of the FranchisePundit Terms of Use, subjecting me to possible civil and criminal liability.
_________
Signed (include date)
_________
Witnessed (notary)
Notary Seal:
My commission expires: ______________
Questions? Email:
