Website Terms & Conditions
ftkfranchise.com/ftkfranchise-2
Thank you for visiting the FasTracKids International, Ltd. (“FasTracKids”) web site (“our Web Site”). The following are the terms for your use of our Web Site. By using our Web Site, you are agreeing to all of these terms of use. “Use” under these terms of use shall be deemed to include any direct or indirect access or viewing of our Web Site, any exchange of data with our Web Site and its other users, any registration on our Web Site, any posting, displaying, or communication of information on our Web Site, and any other utilization of our Web Site or any part of our Web Site.
Except where expressly indicated otherwise, the word “we” in these terms of use shall refer to FasTracKids. The references to “our Web Site” in these terms of use shall refer to “www.ftkfranchise.com/ftkfranchise-2.”
PERMITTED USE OF WEB SITE.
We grant you only a non-exclusive, non-transferable, non-assignable revocable license to use our Web Site strictly in compliance with these terms of use, and any other requirements stated on our Web Site.
Intellectual Property.
The contents of our Web Site, including all text, graphics, designs, programs, files, information, and other aspects, and all trademarks, service marks, and trade names are our property, or property of our licensors, assigns, or other owners, as applicable. The copying, distribution, publication, or other use of these materials or any part of our Web Site is prohibited. You have no right to any of aspect of our Web Site or any of our other property, except the limited right to use our Web Site as set forth above.
Rules FOR USE of web site.
You are solely responsible for any acts, omissions or activities that arise out of or relate to your use of our Web Site. Your use of our Web Site and any content or information on our Web Site (“Content”) is subject to all applicable United States federal and state law, regulations, statutes, and treaties, as well as the applicable foreign laws, regulations, statutes and treaties. You understand, acknowledge, and agree that your use of our Web Site and any Content is also subject to the following rules:
A. We reserve the right to edit or delete any Content from our Web Site at any time;
B. You may not create compilations or derivative works of any Content from our Web Site;
C. You may not remove, change, obscure, or otherwise alter any copyright notice or other proprietary notice or terms of use contained in our Web Site;
D. You may not use our Web Site in a manner that violates any applicable state, federal, or foreign law regulating e-mail, facsimile transmissions, or telephone solicitations;
E. You may not interfere or attempt to interfere with the working or functionality of our Web Site; and
F. You understand and agree that we have the right at any time to disclose any information, including any personal information that you disclose, which is necessary to comply with or satisfy any law or valid governmental request. This includes, without limitation, disclosure of information related to any investigation of purported illegal or criminal activities or compliance with a court order or subpoena.
CHILDREN UNDER 13.
Our Web Site is intended only for users 13 years of age or older. We do not seek to collect information from children younger than 13 years of age, and, instead, our Web Site is intended to provide information and services only to adults who are prospective or existing Franchisees. Our Web Site is not directed at children under 13 years old, and we do not knowingly collect information from children under 13 years old.
Errors.
We make no representation, guarantee, or warranty that our Web Site will be error-free, free of viruses or other harmful elements, or that any defects existing on our Web Site will be corrected. We do not represent or warrant that the information available on or through our Web Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality, or Content of our Web Site at any time.
THIRD PARTY MATERIAL.
A. Content. Content of third parties, including advertisements and hyperlinks, may appear on our Web Site. We make no warranty or representation of any kind as to the accuracy, currency, or completeness of any information contained in any third party content, and you agree that we shall have no liability for any damages or injuries of any kind arising from such content or information.
B. Linked Web Sites. Our Web Site may contain links to web sites of third parties not controlled or operated by us, including those of other private entities and organizations. Please be aware that when you follow a link to another web site, you are then subject to the terms of use and privacy policy of the new web site. Any links are provided solely for your convenience, and we do not endorse the content or operator of any third party web site. We make no warranty or representation of any kind as to the accuracy, currency, or completeness of any information contained in any linked third party web site, and you agree that we shall have no liability for any damages or injuries of any kind arising from the content or information on such web site.
C. Advertisements. Our Web Site may contain advertising and sponsorships from third parties. Such third parties are solely responsible for ensuring that material submitted for inclusion on our Web Site is accurate and complies with applicable laws. You agree that we are not responsible or liable for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
Indemnification.
You agree to be solely responsible for maintaining the confidentiality of your account information, if any, including but not limited to your username and password and for your account activity. You agree to indemnify, defend and hold us and our subsidiaries, affiliates, partners, agents, officers, partners, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, and product and service providers (collectively, the “Affiliated Parties”) harmless from any liability, loss, claim, damages, costs and expenses including, without limitation, reasonable attorney’s fees and costs, arising out of or related to your use of our Web Site, your activity for and through our Web Site, or your violation of these terms of use, including the privacy policy, or any other legal notices on our Web Site. We reserve the right to hire our own separate legal counsel, at your expense, as well as assume or take exclusive control and defense of any matter subject to indemnification by you.
Privacy Policy.
Our privacy policy, as it may change from time to time, is a part of these terms of use. You may access the privacy policy through our Web Site.
Disclaimer.
YOUR USE OF OUR WEB SITE IS AT YOUR OWN RISK. THE CONTENT ON OUR WEB SITE IS PROVIDED “AS-IS.” ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES OF TITLE, AND ANY WARRANTIES OF NON-INFRINGEMENT, ARE DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INTERRUPTIONS, LIMITATIONS, DELAYS, OMISSIONS, ERRORS, VIRUSES, DEFECTS, HARMFUL ELEMENTS, INABILITY TO ACCESS, OR OTHER PROBLEMS ON OR WITHIN OUR WEB SITE INCLUDING THOSE ARISING OUT OF YOUR USE OF OUR WEB SITE.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT NEITHER WE NOR THE AFFILIATED PARTIES SHALL BE LIABLE FOR ANY CLAIMS FOR INJURY, LOSS OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR WEB SITE OR FROM THESE TERMS OF USE OR THE PRIVACY POLICY FOR OUR WEB SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEB SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE.
WE ARE ONLY PROVIDING OUR WEB SITE BASED ON YOUR AGREEMENT TO THE FOREGOING DISCLAIMERS, WHICH ARE A FUNDAMENTAL PART OF THESE TERMS OF USE.
Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Web Site and the Content on our Web Site.
We reserve the right to investigate complaints or reported violations of these terms of use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to you.
Applicable Law, Venue, and Jurisdiction.
You agree that any claim or dispute you may have arising out of or related to our Web Site including, without limitation, your use of our Web Site, our Web Site’s Contents, and/or these terms of use, the privacy policy, and any legal notices on our Web Site must be instituted within one year after the claim arises, or from the date the first claim arises if there are multiple claims, or such claim or claims shall be forever waived and barred.
If you are an existing Franchisee of ours, then the arbitration, injunctive relief, governing law and jurisdiction provisions contained in your Franchise Agreement will govern these terms of use, the privacy policy, and your use of our Web Site, and those provisions are incorporated into these terms of use by this reference.
If you are not an existing Franchisee of ours, then the following will apply: These terms of use, the privacy policy, and your use of our Web Site shall be governed by and construed in accordance with the laws of the State of Colorado and the laws of the United States without regard to conflict of law principles. You agree that you will submit to the exclusive jurisdiction of the state and federal courts located in the City and County of Denver, Colorado for any and all claims related to these terms of use, the privacy policy, and our Web Site.
Limitation of Liability.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE AND THE AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM OUR WEB SITE, (B) THE UNAVAILABILITY OR INTERRUPTION OF OUR WEB SITE OR ANY FEATURES THEREOF, AND (C) YOUR USE OF OUR WEB SITE, (D) THE CONTENT CONTAINED ON OUR WEB SITE.
CHANGES IN THESE TERMS OF USE.
We expressly reserve the right to modify these terms of use at any time, so please review them frequently. If we make material changes to these terms of use, such changes will be posted on this page. Your continued use of our Web Site constitutes acceptance to any revised terms of use.
MISCELLANEOUS.
If any provision of these terms of use is held, declared, or pronounced void, voidable, invalid, unenforceable or inoperative for any reason, by any court of competent jurisdiction, government authority or otherwise having jurisdiction in an unappealed final decision to which you and we are a party, you and we authorize and request such court or governmental authority to modify the provision held to be void, voidable, invalid, unenforceable or inoperative to contain such lesser covenants that impose the maximum duty permitted by law so that the provision is upheld as valid, and the parties agree to be bound by the modified provision. The holding, declaration or pronouncement shall not affect adversely any other provisions of these terms of use, which shall otherwise remain in full force and effect.
To the extent that anything in or associated with our Web Site is in conflict or inconsistent with the terms of use, the terms of use shall take precedence. Our failure to enforce any provision of the terms of use shall not be deemed a waiver of such provision nor of the right to enforce such provision.
No joint venture, partnership, employment or agency relationship exists between you and us as a result of these terms of us or your use of our Web Site. If you are an existing Franchisee of ours, nothing in these terms of use, or on our Web Site, releases you from or changes any of your obligations to us under your Franchise Agreement.
INTERNATIONAL USE.
We make no representations that the Content on our Web Site is appropriate or available for use in locations outside of the United States, or whether access to our Web Site and the provision of information through our Web Site from such locations is permitted. Those who choose to use our Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
CONTACT US.
If you have any questions or suggestions regarding our terms of use, please contact us in any of the following ways:
By email: info@fastrackids.com
By telephone: 1-888-576-6888 Toll Free in the U.S. or 303-224-0200
By mail: FasTracKids International, Ltd.
6950 East Belleview Avenue, Suite 320
Greenwood Village, Colorado 80111
Attention: Web Master