Terms and Conditions
Agreement between User and yourfranchisefit.com and Your Franchise Fit
Welcome to yourfranchisefit.com. The yourfranchisefit.com website (the “Site”) is comprised of various web pages operated by Your Franchise Fit, Certified Franchise Consultants (“Your Franchise Fit”). Yourfranchisefit.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of yourfranchisefit.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Yourfranchisefit.com is a franchising education, information, and resources site.
The purpose of the website is to inform and educate you about the basics of franchise business ownership, and the services Your Franchise Fit provides to help you identify and invest in the franchise business that is right for you.
Disclaimer Statement
Please note that as a franchise broker/consultant we will not offer advice as to the amount of money you can potentially earn with any business we present. All information about a specific Franchise was provided to Your Franchise Fit by the Franchise company themselves.
The information provided during our relationship, including in any attachments and/or links shared in the future, is provided as–is without representation or warranty of any kind, express or implied. Prospective buyers are encouraged to seek legal, tax, and accounting advice from licensed provider(s) prior to making any decision involving business or franchise ownership. Nothing, including any attachments and/or links, shared now or in the future, constitutes tax, accounting, and/or legal advice.
By utilizing this website or Your Franchise Fit consulting services you agree to the above. You agree to perform the appropriate due diligence and will hold Your Franchise Fit, yourfranchisefit.com, and Your Franchise Fit employees harmless from any decisions or actions you make, including but not limited to purchasing a franchise, business, or business opportunity.
Privacy
Your use of yourfranchisefit.com is subject to Your Franchise Fit’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting yourfranchisefit.com or sending emails to Your Franchise Fit constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Your Franchise Fit does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If we become aware that we have collected Personal Data from anyone under the age of 13, we take steps to remove that information from our servers. Please notify us if you have information that any individuals under the age of 13 using our website so that we can take such action to remove such information and prevent their access to our website.
All website visitors must be 18 years of age or older. This website is not intended for persons below the age of 18. By your continued use of the website, you represent that you are 18 years of age or older, and hereby understand and acknowledge that Your Franchise Fit will rely on your representation of being 18 years or older.
If you are a parent or guardian and you are aware that your child has provided us with Personal Data via the website, please contact us (via email to [email protected] )
Links to Third-Party Sites/Third-Party Services
Yourfranchisefit.com may contain links to other websites (“Third Party Sites”). These Third-Party Sites are not under the control of Your Franchise Fit and Your Franchise Fit is not responsible for the contents of any Third-Party Site, including without limitation any link contained in a Third-Party Site or any changes or updates to a Third-Party Site. Your Franchise Fit is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Your Franchise Fit of the site or any association with its operators.
Certain services made available via yourfranchisefit.com are likewise delivered by Third-Party Sites and organizations. By using any product, service or functionality originating from the yourfranchisefit.com domain, you hereby acknowledge and consent that Your Franchise Fit may share such information and data with any third-party with whom Your Franchise Fit has a contractual relationship to provide the requested product, service or functionality on behalf of yourfranchisefit.com users and customers.
All these Third-Party services are necessary and essential to our operations and are undertaken for your benefit, to help us improve our services and provide you a better experience, as well as to facilitate communications with you. We will likely share your personal information, and possibly some non-personal information, with these third parties to enable them to perform these services for us and for you.
All such third parties have their own privacy policies which govern their use of the personal information, and they are prohibited from using your personal information except to provide these necessary services to Your Franchise Fit (in accord with their own privacy policies, and they are required to maintain the confidentiality of your information). For further information please refer to the privacy policies of these Third-Party services before continuing to use this website.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use yourfranchisefit.com strictly in accordance with these Terms and Conditions. As a condition of your use of the Site, you warrant to Your Franchise Fit that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included on our website or otherwise as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Your Franchise Fit or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Your Franchise Fit content on our website or otherwise as part of the Service is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any content on our website or otherwise as part of the Service, and in particular you will not delete or alter any proprietary rights or attribution notices in any such content.
You will use content on our website or otherwise as part of the Service solely for your personal use, and will make no other use of the content without the express written permission of Your Franchise Fit and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Your Franchise Fit or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Your Franchise Fit from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Your Franchise Fit content accessed through yourfranchisefit.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. This Site is not intended to be accessed by any citizens or residents of the European Union and/or the United Kingdom.
DMCA Copyright Infringement Notice
Since we respect artist and content owner rights, it is Your Franchise Fit’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify the Your Franchise Fit copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit Your Franchise Fit to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Christine Adler, Your Franchise Fit, Certified Franchise Consultants, 1402 Mayesville Way, The Villages, FL 32162
Email: [email protected]
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Your Franchise Fit and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Your Franchise Fit’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
Indemnification
You agree to indemnify, defend and hold harmless Your Franchise Fit, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Your Franchise Fit reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Your Franchise Fit in asserting any available defenses.
Class Action Waiver
Any mediation/arbitration under the Privacy Policy or any court litigation under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Your Franchise Fit agree otherwise, the arbitrator/judge may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. YOUR FRANCHISE FIT CERTIFIED FRANCHISE CONSULTANTS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
YOUR FRANCHISE FIT CERTIFIED FRANCHISE CONSULTANTS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. YOUR FRANCHISE FIT CERTIFIED FRANCHISE CONSULTANTS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOUR FRANCHISE FIT CERTIFIED FRANCHISE CONSULTANTS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF YOUR FRANCHISE FIT CERTIFIED FRANCHISE CONSULTANTS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR CONTACTING US TO DELETE YOUR PERSONAL INFORMATION (IN ACCORD WITH THE TERMS OF OUR PRIVACY POLICY).
Termination/Access Restriction
Your Franchise Fit reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
Governing Law
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Complaints and Dispute Resolution
If you have any complaint or concern regarding your exercise of any rights under these Terms and Conditions, or arising under the Terms and Conditions please contact us at [email protected]. We suggest that you put in the subject line of any email or communication “Terms and Conditions Complaint.” We will respond within 45 days. If this does not resolve your concern, you have the right to escalate as follows. You can exercise the rights set forth in our Judicial clause herein. Except for the Privacy Policy, which is governed by its terms to include party negotiation, mediation and arbitration, you can seek to exercise whatever rights you believe you may have with the state and federal courts in Florida.
You hereby acknowledge that this Agreement evidences a transaction involving interstate commerce. You agree to submit to the personal jurisdiction of the federal and state courts located in Florida for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, including any provisional relief required to prevent irreparable harm.
Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Your Franchise Fit as a result of this agreement or use of the Site. Your Franchise Fit’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Your Franchise Fit’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Your Franchise Fit with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Your Franchise Fit with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Your Franchise Fit with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Your Franchise Fit reserves the right, in its sole discretion, to change the Terms under which yourfranchisefit.com is offered. The most current version of the Terms will supersede all previous versions. Your Franchise Fit encourages you to periodically review the Terms to stay informed of our updates. Your continued use of the website and/or Services available after such modifications will constitute your: (a) acknowledgment of the modified Terms and Conditions; and (b) agreement to abide and be bound by those Terms and Conditions. If you are dissatisfied with any part of such modified Terms and Conditions, your sole and exclusive remedy at that time is to discontinue using the site.
Contact Us
Your Franchise Fit welcomes your questions or comments regarding the Terms:
Your Franchise Fit, Certified Franchise Consultants
1402 Mayesville Way
The Villages, FL 32162
Email Address: [email protected]
Telephone number: (352) 307-1000
Effective as of June 1, 2023
