Terms of Use
Welcome to GoFranchise.com d/b/a Keystar Capital, Inc. (the "Company"). Any use of the website is subject to the following terms and conditions ("Terms of Use"). By submitting information to the Company, or accessing information from, or using in any way the Company website, you, the customer ("Customer" or "You") agree to the following Terms of Use. These Terms of Use are a legal agreement ("Agreement") between you and the Company.
If you do not agree to these Terms of Use, do not submit information to, access information from, or use in any way, the Company website. The Company may update these Terms of Use at any time and without notice. The latest version of the Terms of Use is available on the Company website. All questions concerning this Agreement should be directed to: President, GoFranchise.com d/b/a Keystar Capital, Inc., 262 Highway 36, West Keansburg, New Jersey 07734.
Disclaimer: The Company site is only a venue
Our site acts as the venue for, among other things, franchisers, franchise suppliers, consultants and area developers (service providers), to list their company website links indicating services available to customers, potential franchise buyers, and buyers of services. We are not involved in the actual transaction between customers and sellers. For that reason all users of our site agree to be responsible for the legal and regulatory compliance of any transaction they enter into, and Company makes no representation or assurance about such compliance. While this Agreement requires that users provide accurate and complete information about themselves, the Company cannot and does not confirm each user's purported identity and makes no inquiries about the veracity of business listings. As a result, we have no control over the truth or accuracy of the listings. We cannot ensure that a customer or seller of services will actually complete a transaction.
Information
You hereby agree to provide true, complete and correct information to us, and maintain and update that information as circumstances require. As a Customer, you are responsible for your own content and are responsible for the consequences of any content you provide. The information you provide shall not: be false, inaccurate or misleading; be fraudulent or involve the sale of counterfeit or non-owned items; infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any law, statute, ordinance or regulation; be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; be obscene or contain a sexually explicit image; contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; create liability for us or cause us to lose the services of our ISPs or other suppliers; and link directly or indirectly to or include descriptions of goods or services that are prohibited hereunder or you do not have a right to link to or include. Company reserves the right to edit, restrict or remove any content you provide for any reason at any time. In addition, we do not control the information provided by other users that is made available through our site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our site, and be aware that there is the risk of dealing with underage persons or people acting under false pretense.
Copyright
The contents of this site and any products or services provided or sold by Company, including the site's text, graphics, logos, button icons, images, audio interviews/Franchise Radio show interviews and video clips (if any) and software are the property of Company or its content suppliers, and are subject to the copyright or other intellectual property rights of Company and to the terms of any licenses held by Company. These materials are protected by US federal, state and international copyright laws and do not constitute material in the public domain. Any unauthorized reproduction, modification, distribution, transmission, republication, display or performance of the content and software on this site, or of any products or services sold by the Company, is strictly prohibited. By submitting any information or other material to us, you automatically grant Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, create derivative works, and distribute such materials or portions of such materials in any form or medium known or later developed.
Trademarks
"GoFranchise.com" is a trademark of the Company. All trademarks, service marks, trade names, trade dress and logos displayed on or contained in this site, or in any products or services sold by Company, are the property of Company or others, whether registered or unregistered marks. Nothing on this site or elsewhere should be construed to grant any license or right to use, implied or otherwise, any mark displayed on this site without the written permission of Company or the third party owner of the mark. Marks may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the marks. Your use of the marks displayed on this site, or in products or services sold by Company, except as provided in this notice is strictly prohibited.
Copyright Policy
Company values the copyrighted and trademarked materials it owns and that are owned by others. Company therefore reserves the right, in its sole discretion, to remove any material that infringes or appears to infringe on intellectual property rights owned by others. Company may immediately terminate your use of, or access to, the site at any time it decides that you have breached this agreement, any relevant law, rule or regulation or you have infringed or appear to have infringed the intellectual property rights of others.
Use of Site
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by the Company. The Company and its affiliates reserve the right to refuse service, terminate relationships, and/or cancel orders in their discretion, including, without limitation, if the Company believes that user's conduct violates applicable law or is harmful to the interests of the Company and its affiliates. The Company retains all rights (including intellectual property rights), title and interest in the Company website and all underlying technology and data, including any enhancements and improvements thereto. Customer will not and will not allow others to: decompile, disassemble, reverse engineer, copy, use, merge, disclose, sell or transfer the underlying source code or structure or sequence of Company's technology or delete or alter author attributes or copyright notices. Customer shall use the Company system solely for their own use and shall not allow others to use the Company system under or through that Customer's account.
Email Communication
As a Customer, and by submitting your information on the Company website, you hereby acknowledge and grant Company the permission to communicate with you via email (as well as other communication channel such as phone and fax) for any purposes Company determines to be relevant including, but not limited to, system messages, product updates, newsletters, service announcements and other marketing messages. Company will use best efforts to honor Customers' requests to opt-out from receiving emails, but under no circumstances will Company have any liability for sending any email to its users and customers.
Links to Other Websites and Services
The Company is not responsible for the availability, content or accuracy of any other pages or other sites linked via this website. To the extent that portions of this site contain links to outside products, services and resources, all relationships are between users and outside providers and do not involve the Company, and any concerns about such products, services or resources should be directed to the particular outside provider. The Company does not guarantee or warrant the accuracy or completeness of the information or content included on other sites, nor the quality of products or services provided or sold. All contents, links and listings provided within the website and related websites are provided for information purposes only. The Company assumes no responsibility or liability for any actions or representations of any listed company within the website. The Company does not offer advice nor does it endorse any of the contents of information provided by advertisers. Furthermore, the provided contents have not been confirmed for accuracy and the Company denies any responsibility to do so.
Limitations of Liability
THIS SITE IS PROVIDED BY COMPANY ON AN "AS IS" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
In the event that you have a dispute with one or more users, you release Company (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Indemnity
You agree to indemnify and hold the Company and the Company's subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandate, or the rights of a third party.
Arbitration
Any controversy or claim arising out of or relating to this Agreement or our products or services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in the State of New Jersey and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
General
The laws of the State of New Jersey will govern this Agreement, without giving effect to any principles of conflicts of laws. If any provision of the foregoing is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter therein. We reserve the right to make changes to our site, these Terms of Use and this Agreement at any time.
Better Business Bureau - BBBOnline program
We participate in the Better Business Bureau's BBBOnLine Program. This means that we have committed to cooperating with BBB efforts to resolve disputes that may arise under this contract. Upon your request, we will agree to participate in a BBB dispute resolution process to resolve these disputes. There are limits as to the kinds of claims that the BBB will handle -- call the BBB of NJ for more information."
"Other than for those disputes resolved through the BBB dispute resolution process, you consent to exclusive jurisdiction and venue in the courts of New Jersey."