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Copyright © 2011 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 The Materials may be out of date, and Discovery Point Franchising makes no commitment to update the Materials.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.
Materials at this site are provided “as is” without representations or warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
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
In no event will Discovery Point Franchising, its subsidiaries, suppliers, or other third parties mentioned at this site be liable for indirect, special, consequential, incidental, exemplary, punitive or multiple damages, or for loss of profits, goodwill, data, equipment or use, or for business interruption arising from or in connection with the existence, use, inability to use, or the results of use of the Materials, this site, any Internet sites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not Discovery Point Franchising has been advised of the possibility of such damages.
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
Links to third party Internet sites at this site are provided solely as a convenience to you. If you use these links, you will leave this site. Discovery Point Franchising does not control and is not responsible for any content of these third party sites or any links contained therein. Thus, Discovery Point Franchising does not accept any responsibility or endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk.
NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Discovery Point Franchising of that third party or of any product or service provided by a third party.
Discovery Point Franchising possesses rights in the United States and elsewhere in its trademarks, service marks, trade names, designs, logos and other trade dress used in connection with the Materials and the products or services described in the Materials. No use of any Discovery Point Franchising trademark, service mark, trade name, design, logo or other trade dress may be made without the prior, written authorization of Discovery Point Franchising, except to identify the products or services of Discovery Point Franchising. Except as permitted by these Terms, nothing contained in the site should be construed as granting, by implication, estoppel, or otherwise any license or right to any person under any patent, trademark, copyright or other proprietary right of Discovery Point Franchising. Company, product and service names mentioned in the site that are not owned by Discovery Point Franchising are trademarks or service marks of their respective owners.
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.
This site is administered by Discovery Point Franchising from its offices in Georgia, U.S.A. or elsewhere in the United States. Discovery Point Franchising makes no representation that the Materials at this site are appropriate or available for use outside the United States, and access to the Materials from jurisdictions in which the contents of the Materials are illegal is prohibited. You may not use, export or re-export the Materials at this site, or any copy or adaptation thereof, in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations. If you choose to access this site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
ENFORCEMENT OF THESE TERMS
These Terms will be governed by and construed in accordance with the laws of the State of Georgia, United States of America, without giving effect to any principles of conflicts of laws.
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.
Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this site.
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. Federal Express and FedEx are registered trademarks or trademark of Federal Express Corporation in the United States and/or other countries. MASTERCARD is a registered trademark of Mastercard International Incorporated or its subsidiaries in the United States. Microsoft and Windows are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries. Visa is a registered trademark of Visa in the United States and other countries. All other product and company names and logos are trademarks or registered trademarks of their respective holders.
Last updated: December 15, 2007