FasTracKids International, LTD.
Web Site Terms of Use
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 both “www.fastrackids.com” and “www.fastrackparents.com”.
If you are an existing franchisee, licensee, or area developer of ours (each, a “Franchisee”) pursuant to a Franchise Agreement, License Agreement, Master Franchisee Agreement or Area Development Agreement (each, a “Franchise Agreement”), references to “our Web Site” shall include our Web Site’s Franchisee sub-domains, country domains, and any other message board services, bulletin board services, chat areas, blogs, forums, and related communication facilities designed to enable you to communicate with others in the FasTracKids franchise system, which are provided solely for the use of our Franchisees (collectively, the “Franchise Forum”).
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.
Accounts and Registrations
If you desire to access a password-restricted portion of our Web Site, including the parent portion or Franchisee portion of our Web Site, you will either be assigned a username and password by us, or you will be required to create an account by registering a unique username and password. If you register, you agree to provide us with accurate and complete registration information. Please read our privacy policy for information describing the personal information we collect and how we use it. The registration is for your personal use only.
You may not allow any other person or entity to use your account information including your username or password for any reason. We are not liable for any damages, injury, losses or harm caused by or related to the theft, appropriation, or any misuse or disclosure of your account information including your username and password. In the event you become aware of or believe there was or is any unauthorized use of your account including your username or password, you must notify us immediately.
We reserve the right to terminate or suspend your account or ability to use or access any portion of our Web Site or any part thereof for failure to comply with these terms of use, the privacy policy, or any other legal notices on our Web Site, for infringing any copyright, trademark, or other intellectual property, or for any other reason whatsoever.
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, including your account information such as your username and password. 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 or who are parents or legal guardians interested in having a child obtain the products or services we offer or who have a child already enrolled in a FasTracKids program. 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.
Franchisee Material
If you are a parent or legal guardian interested in having a child enroll in a FasTracKids program or obtain other products or services offered by our Franchisees, you may enter your zip code and find a particular Franchisee business location in close proximity to you by clicking on the link to a particular franchise location. In doing so, you will be taken to a page of a Franchisee who operates that location (the “Franchisee Page”). The content on such Franchisee Page is prepared by the applicable Franchisee rather than FasTracKids. FasTracKids makes no warranty or representation of any kind as to the accuracy, currency, or completeness of any information contained on any Franchisee Page, and FasTracKids does not endorse any views or information provided on any Franchisee Page. FasTracKids shall have no liability for any damages or injuries of any kind arising from such content or information.
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, (c) your use of our web site, (d) the content contained on our web site, and (e) any use by you or any other party of your username or password for 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.
Trademarks
FasTracKids and FasTrack are registered marks of FasTracKids International Ltd.
Franchisees
The following terms of use will apply to you only if you are an existing Franchisee of ours:
Franchise Forum Posts
The Franchise Forum will allow you and other Franchisees to post, upload, and display information (each posting of such information shall be referred to as a “Post”). Any information loaded onto your Franchisee Page, as defined above, will also be deemed a “Post” and must comply with the requirements of these terms of use. You are solely responsible for all of your Posts.
In the event that you make a Post, or a Post is otherwise made through any account of yours on the Franchise Forum or elsewhere on our Web Site, you will be deemed to represent and agree to the following:
A. The Post does not contain any personal information to identify you, your account or any other Franchisee, and, if it does, you accept all consequences of the dissemination of such personal information;
B. The Post complies with these terms of use and other requirements stated on our Web Site;
C. The Post does not contain any other information or content that we consider in our sole discretion to be inappropriate for our Web Site, or that we consider would reflect negatively on the FasTracKids franchise system;
D. The Post does not contain any personal attacks on any person or entity, including us or any other Franchisee;
E. The factual information in the Post, if any, is accurate and not misleading;
F. The Post relates solely to your business authorized under your Franchise Agreement, and does not relate to any other business or commercial purpose;
G. The Post does not contain any information, graphics, or other content that:
(1) contains a virus or other harmful component or otherwise interferes with, impairs or damages our Web Site and any individual’s or entity’s use or enjoyment of our Web Site;
(2) is abusive, offensive, hateful, racist, disruptive, antisocial, defamatory, threatening, violent, vulgar, sexually explicit, pornographic, slanderous or otherwise harmful, including, without limitation, speech that attacks, insults, or demeans a group of persons based on their race, sexual orientation, gender, age, disability, ethnicity, or veteran status;
(3) contains unlawful information; and
(4) does not generally relate or is inconsistent with any discussion, topic or theme of any of the Franchise Forum or any other portion of our Web Site;
H. You possess any and all necessary rights in and to the Post and the information in and content of the Post. In particular, you may not make any Post or otherwise upload or transmit information to our Web Site that includes, displays, or reproduces in any way, trademarks, service marks, copyrighted materials, or other proprietary or trade secret information of any third party without first obtaining written consent of the owner of such intellectual property, trade secret, or other proprietary information;
I. The Post does not infringe any legal, proprietary, intellectual property, privacy right, contractual right, or other rights of any person or entity;
J. We possess the right to change, use, delete, exploit and distribute the Post in any manner and at our sole discretion;
K. We shall not be required to pay you or any person or entity any form of compensation for our exploitation, distribution or other use of your Post or any ideas, concepts, or other information or content in the Post;
L. Any and all Posts shall become our sole property and we are therefore authorized to use the Post and any information contained in the Post in whole or in part, throughout the world, for any purpose, in perpetuity in or on any media in any manner without any compensation to you or any other person or entity;
M. You will not impersonate any person or entity, including us or any of our representatives, or otherwise manipulate information in any Post to disguise the origin of the Post;
N. All Posts shall be in compliance with your Franchise Agreement and any other agreements you have entered with us, and with our Procedures Manuals and other specifications and standards; and
O. You may not make any Post or otherwise upload or transmit information to our Web Site including large amounts of repetitive or untargeted content.
The open and real-time nature of the Franchise Forum and Post process makes it impossible for us to vouch for the validity and accuracy of Posts from individual Franchisees. We do not monitor, endorse, edit or screen all Posts, although we have the right to do so in our discretion. Posts do not necessarily reflect our views or opinions. You acknowledge, understand and agree that we shall neither assume nor have any responsibility or liability for any Posts or for any claims, damages, injury or losses resulting from the Posts, or their use or appearance on the Franchise Forum.
At our sole discretion, we reserve the right at any time and without limitation to (a) review, edit, or delete and remove any Posts made by you or any other Franchisee, (b) refuse to allow you or any other Franchisee to make a Post, (c) revoke your right or any other Franchisee’s right to make a Post or to use the Franchisee-only portion of our Web Site, and (d) use any means or mechanisms necessary to enforce these terms of use, or any other legal notices on our Web Site.
If you believe or have reason to believe that any Post violates these terms of use or any legal notices on our Web Site, please notify us immediately.
You may not collect personal information about others on the Franchise Forum or without our consent and their consent. Your use of our Web Site and the Franchise Forum shall in all respects be in compliance with your Franchise Agreement and any other agreements you have entered with us, and with our Procedures Manuals and other specifications and standards.
Violations of Terms of Use
These terms of use, and your use of our Web Site, will be deemed to create an agreement between us and you. A default by you under this agreement will be deemed a default under your Franchise Agreement. If we elect to terminate this agreement as a result of your default, we may, at our discretion, elect to terminate your Franchise Agreement.
Voluntarily Disclosed Personal Information
Any personal information you submit to the Franchise Forum in a Post can be read, collected, or used by other Franchisees, and could be used for any purpose, including to send you unsolicited communication. Any personal information you disclose on your Franchisee Page may also be read, collected, or used by any member of the general public and used for any purpose. We do not ask you to disclose personal information through the Franchise Forum or your Franchisee Page, but, if you do so, we may use such personal information for any purpose.
We are not responsible for any personal information you choose to submit in a Post or on your Franchisee Page. We make no guarantees as to the security of any personal information so provided. We disclaim and you agree to release us from any liability resulting from your disclosure of personal information submitted in a Post or on your Franchisee Page.
Any Posts or other information submitted through our Web Site may be maintained indefinitely.
Collection of Information by Franchisees
As an existing Franchisee, you may receive personal information from parents or legal guardians interested in having a child obtain the products or services we offer or who have a child already enrolled in a FasTracKids program, and other members of the general public, through our Web Site. The privacy policy on our Web Site establishes the terms for your use and disclosure of such information, and you must comply with the privacy policy, as the collecting party, related to all such information.
Disclaimer as to Franchise Forum
The franchise forum contains the opinions and views of other franchisees, who are not acting as employees or agents of ours. We do not endorse or guarantee, and we are not responsible for the accuracy, veracity, or efficacy of any content, information or posts generated by such franchisees.