By signing up for a FranchiseBlast account you agree that you have read, understand the contents of, and agree to all terms and conditions. Should you have any questions concerning this Agreement, please contact us.
These terms and conditions are between the user and LavaBlast Software Inc. governing use of FranchiseBlast service.
100% Satisfaction Guarantee
If you are not completely satisfied with our service within the first 30 days of use, we will provide you with a full refund. Although there are no exceptions to this promise, we will do our best to make FranchiseBlast a valuable tool for you.
Restrictions
Unauthorized use of the FranchiseBlast service, or the resale of said service without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our services in any format to any third party.
Third Party Usage; Limitation on Our Responsibility
All transactions using FranchiseBlast's services are between the transacting parties only. LavaBlast Software Inc. is not an agent of any transacting party, nor or we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. LavaBlast Software Inc. shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.
Links to Third Party Sites
LavaBlast Software Inc. does not endorse any sites on the Internet that are linked through FranchiseBlast/LavaBlast Software Inc. website. LavaBlast Software Inc. is providing these links to you only as a matter of convenience, and in no event shall LavaBlast Software Inc. be responsible for any content, products, or other materials on or available from such sites.
User Accounts
You will choose a personal, non-transferable password, and you are responsible for maintaining the confidentiality of your password. You are also responsible for all content and information stored, transferred, and received under your username and password. If you suspect a person has accessed your account without authorization, it is your responsibility to change your password and alert LavaBlast Software Inc. immediately. In addition, you acknowledge that LavaBlast Software Inc. may communicate with you through email. You are responsible for ensuring that FranchiseBlast has your current email address so that LavaBlast Software Inc. can provide you such communications.
Account Information and Data
LavaBlast Software Inc. does not own any data, information or material that you store in your FranchiseBlast account, and takes no responsibility whatsoever for the contents of your account. We will not disclose any information regarding you or your account, including any data, without your prior permission except in accordance with this Agreement. Please be aware that FranchiseBlast does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties, but such information will not include personally identifying information. LavaBlast Software Inc. may access your account, including its data, to respond to service or technical problems or as stated in this Agreement. You, not LavaBlast Software Inc., shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all data stored in your account. Furthermore, FranchiseBlast shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data.
Payment of Fees
The fees applicable for FranchiseBlast service are available at www.lavablast.com and as published within the service. LavaBlast Software Inc. reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided us).
User Conduct
You are solely responsible for the content of all data you store or retrieve from your FranchiseBlast account. You agree to abide by all applicable local, state, national and international laws and regulations in connection with FranchiseBlast service. In addition, without limitation, you agree not to use FranchiseBlast service to: (a) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) advertise or promote a commercial product or service that is not available through LavaBlast Software Inc.'s services; (c) store or transmit any file containing: (i) unlawful, defamatory, threatening, pornographic, abusive, libelous, or otherwise objectionable material of any kind or nature; (ii) any material that encourages conduct that could constitute a criminal offense; (iii) any code or material that violates the intellectual property rights or rights to publicity or privacy of others; (d) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, or cancelbots; (e) interfere with or disrupt servers or networks connected to FranchiseBlast service or violate the regulations, policies or procedures of such networks; (f) access or attempt access to FranchiseBlast service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; (g) harass or interfere with another user's full use and enjoyment of FranchiseBlast service; or (h) cause, in LavaBlast Software Inc.'s sole discretion, inordinate burden on LavaBlast Software Inc.'s system resources (i.e. bandwidth).
Termination
LavaBlast Software Inc. reserves the right to terminate without notice your password, account or use of FranchiseBlast service and delete any data within FranchiseBlast service if you fail to comply with this Agreement or for cause of any other nature. You may terminate your user account upon notice to LavaBlast Software Inc. at any time. Upon termination by LavaBlast Software Inc. or at your direction, you may request a file of your data, which LavaBlast Software Inc. will make available for a fee. You must make such request at the notification of termination to receive such file within thirty (30) days of termination. LavaBlast Software Inc. shall have no obligation to maintain any data stored in your FranchiseBlast account or to forward any data to you or any third party.
LavaBlast Software Inc. reserves the right to suspend or terminate without notice.
Proprietary Rights
Except for the licenses granted herein, you have no right, title or interest in or to FranchiseBlast service or any content. You agree that LavaBlast Software Inc. or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to FranchiseBlast service and content, including, without limitation, text, images, and other multimedia data. FranchiseBlast and/or other LavaBlast Software Inc. products and services referenced herein are either trademarks or registered trademarks of LavaBlast Software Inc.
Non-Responsibility; No Warranties; Indemnification
LavaBlast Software Inc. is in no way liable for loss of customer data. Under no circumstances will LavaBlast Software Inc. be held accountable for any loss of customer data. By becoming a FranchiseBlast user you, the customer, acknowledge that you forfeit the right to hold LavaBlast Software Inc. accountable for any and all technical errors, including loss of user files (customer data).
In the event that LavaBlast Software Inc. concludes offering franchise management services, FranchiseBlast users will receive the option to have their stored files sent to them in CD or other format selected by LavaBlast Software Inc. LavaBlast Software Inc. does not guarantee length of service.
FranchiseBlast is not responsible for circumstances beyond its control, including without limitation actions of third parties, force majeure, Acts of God, natural disasters, or similar circumstances. Further, LavaBlast Software Inc. does not provide any warranties respecting its services, and specifically disclaims any warranty of merchantability or suitability for particular purposes.
You agree to indemnify and hold LavaBlast Software Inc. harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including, without limitation, attorneys' fees and costs) resulting from or in connection with your use of FranchiseBlast services or breach of this Agreement.
In the event that, notwithstanding the foregoing disclaimers and indemnification, LavaBlast Software Inc. is found responsible to any FranchiseBlast user for any reason whatsoever, LavaBlast Software Inc.'s responsibility shall be limited to the amounts actually paid by such user for FranchiseBlast's services, and shall not include punitive damages or consequential or resulting damages of any nature.
IF YOU BECOME A FranchiseBlast USER YOU ACKNOWLEDGE THE ABOVE MENTIONED TERMS AND ACKNOWLEDGE THAT LavaBlast Software Inc. IS IN NO WAY GUARANTEEING THE INTEGRITY AND/OR SECURITY OF YOUR FILES.
Changes
LavaBlast Software Inc. reserves the right to amend the terms and conditions of this Agreement at any time and shall notify you by posting an updated Agreement on www.lavablast .com and/or by sending you an email message. Continued use of FranchiseBlast service after notice is given of such changes shall constitute your consent to such changes.