terms-of-use

TERMS OF USE!



Welcome to our web site. We maintain this web site as a service to you and to our franchisees. This agreement (“Agreement”) is a legally binding contract entered into by and between you and Martin Franchises Inc. (hereinafter referred to as “we” and “us”).

The following are the terms and conditions for use of this web site and for use of any services which may be offered from time to time by us. Please read this Agreement carefully.

BY USING THIS WEB SITE, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOUR USE OF THIS WEB SITE IS CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU MAY PRINT THIS AGREEMENT OR SAVE IT AS A FILE ON YOUR COMPUTER. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT REVIEW INFORMATION FROM THIS WEB SITE OR OTHERWISE USE THIS WEB SITE.

We may amend this Agreement at any time by posting amended terms on this web site. Please check this Agreement periodically for changes. You are responsible for regularly reviewing this Agreement. Your continued use of this web site after any amendment to this Agreement shall constitute your consent to such amendment. This Agreement was last amended on September 10, 2001.

  1. Limited Right to Use. As a user of this web site, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use this web site in accordance with this Agreement. You may use this web site for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use.

  2. Privacy. It is our policy to respect the privacy of users of this web site. Except as provided in our Privacy Policy, we will not monitor, edit, or disclose any personal information about you or your use of this web site without your permission, unless we have a good faith belief that such action is necessary to (i) comply with law, regulation or court order; (ii) enforce this Agreement; (iii) protect and defend our rights or property, our franchisees or the public; or (iv) respond to claims that the content violates the rights of third parties. Our Privacy Policy, as it may be amended from time to time, is part of this Agreement.

  3. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this web site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of this web site, except as expressly allowed by this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through this web site. The posting of information or materials on this web site does not constitute a waiver of any rights in such information and materials.

  4. Modification of this Web site. We may without notice modify or discontinue, temporarily or permanently, any or all of this web site. You agree that we will not be liable for any such modification or discontinuance of this web site.

  5. Indemnification. You agree to indemnify and hold harmless Martin Franchises Inc., its successors and assigns and affiliates and each of our officers, directors, members, agents, employees and franchisees from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, claims, costs, expenses (including, but not limited to, attorneys’ fees and court costs) and disbursements of any kind or nature whatsoever that may be imposed upon, incurred by, or asserted in any matter relating to or arising from your use of this web site or your violation of this Agreement.

  6. Disclaimer and Limits. This web site (including, but not limited to, the Store Locator feature, information regarding franchise opportunities, and information and services for franchisees) is provided as a convenience to you for informational purposes only. As Martinizing Dry Cleaning stores are independently owned and operated, we cannot and are not responsible for the actions or inactions of any franchisee. We have no authority to act on behalf of any of our franchisees, nor is any franchisee the agent, employee, partner, or joint venturer of Martin Franchises Inc.

  7. THE INFORMATION FROM OR THROUGH THIS WEB SITE (INCLUDING, BUT NOT LIMITED TO, THE STORE LOCATOR FEATURE, INFORMATION REGARDING FRANCHISE OPPORTUNITIES, AND INFORMATION AND SERVICES FOR FRANCHISEES) IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE INFORMATION MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MARTIN FRANCHISES INC. HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OBTAINED FROM THIS WEB SITE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, MARTIN FRANCHISES INC. IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSSES OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE) WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MARTIN FRANCHISES INC. THIS WEB SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEB SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE.

    ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. WE SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR WEB SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES SHALL BE EQUAL TO THE PURCHASE PRICE YOU PAY TO US, IF ANY, FOR ANY GOODS, SERVICES OR INFORMATION

  8. No Legal Advice. Content contained on or made available through this web site is not intended to and does not constitute legal advice and no attorney-client relationship is formed. Although we try to provide quality information, we make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in this web site. As legal advice must be tailored to the specific circumstances of each case, and because the laws vary from state to state and are constantly changing, nothing provided herein should be used as a substitute for the advice of competent legal counsel.

  9. No Franchise Offering. This web site is not a franchise offering. We can only make a franchise offering by providing you with an appropriate franchise offering circular in compliance with the Federal Trade Commission Rule on Franchising and various state laws regulating the sale of franchise opportunities. We cannot offer you a franchise unless and until we have complied with any applicable registration and disclosure requirements. Information on this web site regarding franchise opportunities is provided for informational purposes only.

  10. Use of Information. We reserve the right, and you authorize us, to use and assign all information regarding your use of this web site and all information provided by you in any manner consistent with our Privacy Policy.

  11. Links to Other Web sites. This web site contains links to other web sites, including, but not limited to, franchisees’ web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our site does not imply approval or endorsement of the linked web site by us. If you decide to leave our web site and access these third-party web sites, you do so at your own risk.

  12. Securities Laws. This web site may include statements concerning our and/or our franchisees’ (or potential franchisees’) operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our and/or our franchisees’ intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on this web site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. This web site and the information contained herein does not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents, if any.

  13. Information and Press Releases. This web site may contain information and press releases about us and/or our franchisees. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

  14. Additional Legal Notices. Martin Franchises Inc. has proprietary rights and claims copyright protection of the contents of this web site which may not be reproduced without the express written authorization of Martin Franchises Inc. Martin Franchises Inc. holds the exclusive right to reproduce and distribute its copyrighted works and to make derivative works from its copyrighted works.

  15. The federally registered service marks of Martin Franchises Inc., including ONE HOUR MARTINIZING®, MARTINIZING®, and MARTINIZED®, are licensed for use by its franchisees. Use of the registered marks of Martin Franchises Inc. or any similar marks causing a likelihood of confusion is prohibited by Federal Trademark Law.

    All legal remedies allowable by law will be sought by Martin Franchises Inc. for any infringement of its intellectual property rights.

    The promotional statements of this web site should not be considered inferences that the purchase of a franchise is a safe investment or that failure or loss is unlikely. Past results are not necessarily indicative of future results. The results of one franchisee are not indicative of the results achievable by other franchisees. Each franchisee's results may be affected by many factors.

    This advertisement is not an offering. An offering can only be made by prospectus filed first with the Department of Law of the State of New York. Such filing does not constitute approval by the Department of Law.

  16. General. This Agreement shall be subject to and interpreted in accordance with the laws of the State of Ohio, excluding its conflicts of laws rules, and the United States of America. You agree that the exclusive jurisdiction for any claims or action relating to this Agreement or your use of this web site shall be in the courts located in Hamilton County, Ohio, and you submit to the exercise of personal jurisdiction in those courts. This Agreement (and for franchisees, the Terms of Use of Extranet for Franchisees and the relevant provisions of your franchise agreement) sets forth the entire agreement and understanding between you and Martin Franchises Inc. with respect to the subject matter hereof and supersedes all prior oral and written agreements and understandings related hereto. The failure of either party at anytime (or times) to require performance of any provision hereof shall in no manner affect the right at a later time to enforce such provision or any other provision. In the event that one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, that provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in full force and effect. You agree that no joint venture, partnership, employment or agency relationship exists between you and Martin Franchises Inc. as a result of this Agreement or your use of this web site. The section headings contained in this Agreement are inserted for convenience only and in no way define, limit or extend the scope or intent of any provision of this Agreement. You agree that you may not assign this Agreement and that Martin Franchises Inc. may freely assign this Agreement. All provisions of this Agreement which by their nature are intended to survive the expiration or termination of this Agreement shall survive and remain in full force and effect. Any cause of action by you with respect to this web site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.