HowardCannon.com TERMS
The Terms of Use as stated herein pertain to any and all users of HowardCannon.com.
HowardCannon.com provides information about various types of seminars, speeches, and events offered by HowardCannon.com and its affiliates and/or sponsors for anyone interested in learning how to start a restaurant. In addition, HowardCannon.com may provide information regarding its products and other services; such as books, articles, etc., and these items may vary from time to time at the sole discretion of HowardCannon.com.
All information provided by HowardCannon.com is true and accurate to the best of its knowledge and HowardCannon.com does not take any responsibility or accept any liability of any kind for any of the information that it provides regarding its affiliates and sponsors; and any and all users agree that no one associated with HowardCannon.com, including its sponsors, advertisers, affiliates, resellers, executives, consultants, owners, or investors take any responsibility for any results or lack of results achieved by any one for any reason at any time. All users agree that use of this site and the use of any advice, introductions, information, services, products and/or consultation provided by this site and/or any of its members is strictly voluntary; and the user is solely responsible for his/her own actions and results.
HowardCannon.com is committed to providing our users a safe Internet experience. We will do our absolute best to protect your privacy and implement technology that gives all of our users a unique, confidential, anonymous, and safe online experience. HowardCannon.com DOES NOT share your personal information unless you ask us for an introduction and/or a referral AND then we only share the information that is appropriate and with only those types of introductions and/or referrals that you requested.
HowardCannon.com AND YOUR PRIVACY
HowardCannon.com may be required to ask you to provide information that personally identifies (Personal Information) you in certain circumstances, including for example when you submit to any HowardCannon.com data, content, information, or messages. It is the policy of HowardCannon.com to keep personal information for a reasonable and limited amount of time.
HowardCannon.com does not sell, rent or otherwise distribute to third parties personal information about users, visitors, sponsors, owners, or investors or other visitors to its websites, except as necessary for HowardCannon.com to provide the services for which such information was volunteered or for the purposes that may or may not be required by law.
USE OF COOKIES
Certain portions of the HowardCannon.com websites may use cookies to enhance your experience while using this website. Cookies are pieces of information that some websites transfer to the computer that is browsing that website and are used for record-keeping and navigation-tracking purposes. Use of cookies makes web-surfing easier by performing certain functions such as saving your passwords or your personal preferences regarding your use of the particular website. Many consider the use of cookies to be an industry standard. Your browser is probably set to accept cookies. However, if you would prefer not to receive cookies, you can alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some areas of the HowardCannon.com websites will not function properly when you view them. HowardCannon.com will never use cookies as a means of infringing upon your privacy, but will only use cookies as a means of enhancing your experience with this website.
EMAIL OPT-OUT
HowardCannon.com may send email communications regarding its services, latest news, etc. to all of those who fill in and submit any information on any of our databases or provide any information submission on any pages of our website. HowardCannon.com always provides these email recipients the opportunity to opt-out of receiving such future communications.
PROTECTION OF YOUR PERSONAL INFORMATION
HowardCannon.com DOES NOT SELL, EXCHANGE, TRADE, GIVE, OR RELINQUISH PERSONAL INFORMATION THAT WAS VOLUNTARILY SURRENDERED DURING A VISIT TO THE HowardCannon.com WEBSITE TO ANY OUTSIDE SOURCES unless the submitter has asked us for an introduction, recommendation, or referral.
YOUR ACCEPTANCE OF THESE TERMS
By using this site, you signify your consent to the HowardCannon.com Internet Privacy Policy and Website Terms of Use. We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. Please check this page periodically for changes.
QUESTIONS
If you have any questions about this privacy statement, the practices of this website, or your dealings with this website, please contact:
HowardCannon.com
HowardCannon@HowardCannon.com
LEGAL NOTICE
Terms & Conditions/ Copyright Information
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use documents from this website is granted, provided that (1) the below copyright notice appears in all copies, (2) use of such documents from this website is for informational and non-commercial or personal use only and that such documents will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HowardCannon.com trademarks or any other HowardCannon.com owned, operated, licensed or controlled site. Elements of HowardCannon.com website is protected by trademark, copyright and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, image, or html from any HowardCannon.com website may be copied or retransmitted unless expressly permitted by HowardCannon.com.
HowardCannon.com MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. HowardCannon.com DOES NOT WARRANT THAT THE FUNCTIONAL ASPECTS OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER COMPONENTS. WITHOUT LIMITNG THE FOREGOING, EVERYTHING ON THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. HowardCannon.com HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE AVAILABILITY OF THIS WEBSITE MAY BE INTERRUPTED DUE TO TECHNICAL CONDITIONS. YOUR USE AND BROWSING OF THE WEBSITE IS AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HowardCannon.com MAY MAKE IMPROVEMENTS AND/OR CHANGES IN SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE.
LINKS TO THIRD PARTY SITES
MANY LINKS ON THIS SERVER MAY LET YOU LEAVE HowardCannon.com SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF HowardCannon.com and HowardCannon.com IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. HowardCannon.com IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY HowardCannon.com OF THE SITE.
COPYRIGHT NOTICE
Copyright ©2012 HowardCannon.com, 60 Chelsea Corners #151, Chelsea AL 35043, USA. All rights reserved.
TRADEMARKS
HowardCannon.com, Restaurant Rhino, Signature Seminars by Howard Cannon, Restaurant Expert Witness, and Restaurant Consultants of America are properties of Restaurant Operations Institute (ROI), Inc.; © 2012 All Rights Reserved
All other trademarks are property of their respective owners.
GENERAL PROVISIONS
HowardCannon.com may revise these terms of use from time to time by updating or revising this posting, with the revised terms taking effect as of the date of its posting. If any portion of these terms is held to be unenforceable, the unenforceable portions shall be construed in accordance with applicable laws to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.
By using this website you consent to the exclusive jurisdiction of the courts of the state of Alabama for the resolution of any disputes arising hereunder.
The invalidity of any term, condition or provision of these Terms of Use shall not affect the enforceability of those portions of these Terms of Use deemed enforceable by applicable courts of law.
IN NO EVENT SHALL HowardCannon.com BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY OTHER KIND OF DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING WITHOUT LIMITATION, LOSS OF USE, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTON UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, HowardCannon.com WEBSITES.
HowardCannon.com, its owners, operators, executives, employees, investors, or staff TAKES NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY USE PERTAINING TO THIS SITE or use pertaining to any of its recommended or referred Vendors, Strategic Alliance Partners, Affiliate Offices, Sponsors, Consultants, Investors or other parties. NO results whether good or bad shall be the responsibility or liability of HowardCannon.com and all associated parties as all decisions are made solely by the user of the information based on factors solely known to him or her about their business, business affairs, and marketplace.
THE REMAINDER OF THIS DOCUMENT AS STATED BELOW ONLY PERTAINS TO THOSE THAT BECOME A RESELLER (“Member”) OF ANY OF THE HowardCannon.com CONTENT, PRODUCTS, OR SERVICE OFFERINGS.
THE TERMS AS STATED BELOW BECOME IMMEDIATELY VALID AND ENFORCEABLE BETWEEN BOTH PARTIES UPON THE SIGNED EXECUTION OF A PURCHASE ORDER OR AN ADDENDUM BETWEEN THE PARTIES THAT REFERS BACK TO THIS DOCUMENT AND THE TERMS OF USE OF THIS SITE AND UPON ANY PAYMENT OF ANY AMOUNT BEING MADE, EXCHANGED, AND DEPOSITED BETWEEN THE TWO PARTIES.
The "Company" and the "Member" desire to share the rights to utilize, market, sell, and potentially profit from the "FRA Offerings" as listed in the purchase order. There are no exclusive territories and, therefore, no boundaries described.
The "Company" and the "Member" agree to reasonably conduct its business so as not to damage the brand value, the goodwill established and the image of the "Company" or its "Offerings" in any way. The parties agree that the "Company" does not offer or operate as a franchisor and the "Member" is not and never will be a franchisee or an agent of the "Company". The parties agree that the "Company" does not provide sales training, scripts, operations manuals, training manuals, or business training of any kind to the "Member" and therefore any and all sales and/or profit results generated are at the sole responsibility of the "Member".
The "Member" agrees that it is a 1099 Independent Contractor and owns and operates its own business and is prohibited from conducting business using any Doing Business As (DBA) name that is directly associated with the "Company" names, brands, or logos, without the express written consent and approval from the "Company" to ensure there will be no confusion on the part of the public in regards to the relationship between the "Company" and the "Member". The "Member" shall be solely responsible for any and all expenses and costs of its own Business; including the marketing, maintenance, administrative, accounting, tax liability, insurance, travel, accommodations, and operations of its own business. The "Member" shall bare the full financial risks of the operation of its own business. The "Member" agrees and acknowledges that the "Member" has not relied upon any representations, warranties or statements made by the "Company", its employees, shareholders, agents or representatives, concerning the financial or economic projections concerning the operations of the business and, in fact, no projections, representations, best estimates, estimated revenues, profits, or income or any other performance indicators, have been provided by the "Company", agents of the "Company", or employees of the "Company", at any time.
The "Member" shall be deemed to be in breach of this "Agreement" and all rights granted herein may automatically be terminated upon written notice from the "Company" and at the "Company's" sole discretion, if any of the following events occur: - The "Member" becomes insolvent or if the "Company" feels the "Members" actions or situation may harm the image of the business or the brands; - Any suit to foreclose, any lien against any assets of the "Member". - The "Member" ceases to operate or market the "Company Offerings", pay its applicable taxes, or otherwise abandons the business or marketing efforts; - The "Member" is accused of, brought up on charges of, or convicted of any misdemeanor, felony, or crime or offense of any kind; - The "Member" makes any unauthorized use of any of the "Company" or otherwise harms its image or discloses confidential information; - If the "Member" knowingly or through gross negligence maintains false books or records, false tax filings, or submits any false reports to the "Company". It is understood and agreed that this does not create a fiduciary relationship between the "Company" and the "Member". The "Member" shall: - Operate its business in a clean, wholesome, and professional manner and in compliance with standards of quality and integrity as solely desired by the "Company"; - Make payments on time in accordance with the terms of any invoices presented by all of its vendors, and not take on excessive credit terms or debt from any source; - Comply with all federal, state and local laws, ordinances and regulations affecting the operation of its business, including taxes, permits, insurances, and more - Keep all "Company" clients and sponsors confidential and discreet for life.
It is recommended that the "Member" acquire and maintain the appropriate insurance from a reputable insurance company and do so in a way that is prudent for the "Members" well-being and overall protection of the "Members" business.
Both parties affirm that they are have received ample time for a thorough review by their attorneys and have either sought counsel or voluntarily declined to seek legal advice prior to executing this agreement or membership. The "Company" makes no representation or warranty, and expressly disclaims any liability with respect to the content of any "Offerings", including those of errors or omissions contained therein, libel, infringement of rights of publicity, privacy, copyright, trademark rights, moral rights, or the disclosure of information. "Company" makes no representation or warranty, and expressly disclaims any liability with respect to the volume or potential volume of any type of revenues, sales, profits or potential profits that can or will be achieved by owning and operation of a business in association with the "Company" or by any individual "member". All "Offerings" are expressly provided on an "as is" basis, and "Company" disclaims any and all other warranties, conditions, or representations (express, implied, oral, or written) relating to the "Company Offerings" including, without limitation, merchantability. Each of the parties hereto shall indemnify and hold the other harmless for any losses, claims, damages, awards, penalties, suits, or injuries incurred by the other or any third party, including all attorney's fees which may arise from any contract, representation, sale, transaction, alleged breach, warranties made by or on behalf of the party with any third party. This indemnity shall survive the termination of any "Agreement". In the event of any dispute or controversy arising out of, or relating to, this "Agreement" or the relationship of the parties, the parties agree to exercise their best efforts to resolve the dispute as soon as possible, informally. The parties shall continue to perform their obligations under this "Agreement" not affected by the dispute. Both parties recognize that any alleged damages associated with this "Agreement" may be difficult to quantify; therefore, the parties consent to submit any dispute under this "Agreement" to binding arbitration using the American Arbitration Association to be held in the appropriate courts in Shelby County, Alabama. Both parties agree that each party will always and forever be responsible for its own attorney fees and costs associated with any dispute arising from this "Agreement" or this relationship between the parties.
The "Member" shall never modify, create, revise, recreate, remove, obscure, or attempt to duplicate any "Company Offering" or materials associated with the "Company Offerings" including, but not limited to copyright or notices on any of "Company Offerings" without written permission of "Company". The "Company Offerings" may be added to, modified, or deleted by the "Company" at its sole discretion with or without notice. This "Agreement" shall be governed by and construed in accordance with the laws of Shelby County, Alabama, United States of America, without regard to conflict of law principles. However, we also do business in these following states: Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming; and, although we do business in all of the previous states as listed, the rules and regulations of the state of Alabama still apply. Neither party shall be liable in damages for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including, but not limited to, Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. This constitutes the entire "Agreement" of the parties and supersedes all prior communications, understandings, and agreements relating to the subject matter hereof, whether oral or written.
BY USING THIS SITE IN ANY WAY, the parties have agreed to the terms of use of this website AS STATED HEREIN.
|
|
