Website Terms and Conditions of Use
PLEASE READ THE FOLLOWING
INFORMATION CAREFULLY. YOUR CONTINUED
USE OF THIS SITE WILL INDICATE YOUR ACCEPTANCE TO BE BOUND BY THESE TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO BE
BOUND, PROMPTLY EXIT THIS SITE.
Welcome to the SIR SPEEDY website
available at www.sirspeedy.com and at other uniform resource locators and the
related or linked web pages of our Sir Speedy Centers. In these Terms and Conditions,
You are referred to as "You" "Your(s)" “Yourself” or
1. Site Content and
Purpose. This Site is for marketing
purposes only and provided for the use of consumers to interact with Sir
Speedy, Inc. and/or Sir Speedy franchised locations and may not be used by You,
or any other person or entity, for any other purpose. This Site should not be
considered or relied on by You as a statement or claim by Sir Speedy, Inc., or
its franchisees, implied or otherwise, of a representation, guaranty or
warranty of the availability or quality of any product(s) or service(s).
2. Sir Speedy Centers. Sir
Speedy, Inc., an operating company of Franchise Services, Inc., franchises Sir
Speedy Centers. Sir Speedy Centers provide customers
with a wide variety of printing,
copying, signage and marketing products and services (collectively,
the "Services"). All Sir
Speedy Centers are independently owned and operated franchised locations. None
of them are owned, operated or controlled by Sir Speedy, Inc. Products and
services vary by Sir Speedy Center location.
Speedy, Inc. does not provide quotes for or provide services or related
products. All quotes, services and
products are provided by Sir Speedy Centers. Although Sir Speedy, Inc. may
host, develop, maintain or operate certain websites or web pages on behalf of
the Sir Speedy Centers, the Sir Speedy Centers operate as separate legal
entities under franchise agreements between them and Sir Speedy, Inc. They are
not Sir Speedy, Inc.’s agents or employees. They do not have any right to speak
for Sir Speedy, Inc., or on our behalf, or bind Sir Speedy, Inc. to any
contracts or obligations. Sir Speedy, Inc., is not responsible for any acts or
omissions of Sir Speedy Centers, including, without limitation, in connection
with their provision of quotes or fulfillment of services or related products
placed by You through any Sir Speedy Center Site or other website, or Sir
Speedy Center location.
3. Registration on SirSpeedy.com. You may choose to register Your email on www.sirspeedy.com
to subscribe, download and access interactive features such as our whitepapers,
enewsletter or our blog. The availability of these services varies by country.
In the future, Sir Speedy, Inc. may add other features that may be accessed
through www.sirspeedy.com. In
such event, previously registered users will not be required to
re-register. By registering on www.sirspeedy.com, You agree to provide
accurate and current information about Yourself.
4. Request-A-Quote/Send-A-File. You may choose to register your
information on www.sirspeedy.com to
Request-A-Quote or Send-A-File to a Sir Speedy Center. Such information may include your name,
address, company, email, telephone number and files that you upload or otherwise
submit to the Site (“Materials”). This
information and Materials are relayed to the specific Sir Speedy Center you
requested for response. The Materials
are not maintained or responded to by Sir Speedy, Inc. Neither Sir Speedy, Inc. nor any Sir Speedy Center supervises the
uploading of any User-provided Materials to this site, although we reserve the
right to do so. You agree, represent and warrant that in using the Services,
You will not upload, submit or otherwise transmit to Sir Speedy, Inc., or any Sir
Speedy Center any Materials that violate any applicable Federal, state or local
laws, including, but not limited, to the following:
* Materials that are unlawful, threatening, abusive, defamatory, obscene
or which invade another person's privacy or further the commission or
concealment of a crime.
* Materials that are not lawfully Yours to transmit.
* Materials that are the subject of, or which infringe upon, any patent,
trademark, trade name, trade secret, copyright, right of publicity, moral right
or other intellectual property right of another person or entity.
* Materials containing software viruses or other harmful computer code, or
Materials that in any way interfere with or disrupt the Services or any servers
or networks connected to or used with the Services.
Speedy, Inc., and Sir Speedy Centers do not claim any ownership in any
Materials that You upload to the Site. Sir
Speedy, Inc., and Sir Speedy Centers retain their rights in and to the content
that is present on the site or Materials that may be created and/or supplied by
or for Sir Speedy, Inc., or a Sir Speedy Center.
also warrant and confirm that You own the copyright or have permission to copy
any documents or Materials You submit online for printing or processing, and
agree to defend, indemnify and hold Sir Speedy, Inc., and Sir Speedy Centers, their
parents, subsidiary companies and their respective officers, directors, agents
and employees, harmless from any suit, demand, or claim arising out of any
breach of this warranty and agree to pay any judgment or reasonable settlement
offer resulting from any such suit, demand or claim, and to pay any attorney
fees incurred by Sir Speedy, Inc., and any Sir Speedy Center in defending
against such suit, demand or claim.
5. No Unlawful or
Prohibited Purpose. As a condition of Your use of this Site, You warrant to
Sir Speedy, Inc. that You will
not use the Site for any purpose that is unlawful or prohibited by these Terms
6. Links to Sites: This Site may contain links to sites that
are owned, operated and maintained by third parties which are provided as a
convenience to You. These linked sites are not under the control of Sir Speedy,
Inc., and Sir Speedy, Inc. is not responsible for the accuracy of the content
on such sites or the privacy practices of such sites. Sir Speedy, Inc. does not
monitor nor review the content of such sites, and You expressly understand that
Your access by link to such sites is at Your own risk. Sir Speedy, Inc. makes
no representations whatsoever about any other website that You may access
though this Site. When You access a non-Sir Speedy, Inc. website, please
understand that it is independent from Sir Speedy, Inc., and that Sir Speedy,
Inc. has no control over the content on that Website. In addition, a hyperlink
to a non-Sir Speedy, Inc. website does not mean that Sir Speedy, Inc. endorses
or accepts any responsibility for the content, or the use, of the linked site.
It is up to You to take precautions to ensure that whatever You select for Your
use or download is free of such items as viruses, worms, trojan horses,
ransomware and other items of a destructive nature.
7. Patent. Certain
functionality provided via this Site may be covered by U.S. Patent 5,930,474.
8. Copyright. All
content included on this Site, including without limitation, text, graphics,
logos, trademarks, trade names, button icons, images, pre-designed templates,
sounds, software, processing and other functionality, and all other material
placed by Sir Speedy, Inc. (collectively called the "Content"), and
the collection, arrangement and assembly of the Content, is the property of or
licensed by Sir Speedy, Inc. or its suppliers and service providers and is
protected by U.S. and international copyright laws. No portion of the materials
on these pages may be reprinted, republished, modified, or distributed in any
form without the express written permission of Sir Speedy, Inc. Users do not
receive any copyright in or to the Content itself. No interest in the Content,
whether in whole or in part, may be sold, assigned, encumbered, licensed or
otherwise transferred by You or any third parties. Neither Your use of the
Content nor the creation of products or materials using such Content create
joint authorship, joint ownership or "works made for hire" with Sir
Speedy, Inc. in or regarding such Content.
8. Trademarks. All service marks, trademarks, trade
name, trade dress and other indicia of source used herein and otherwise by Sir
Speedy, Inc. (collectively called the "Marks") are proprietary to Sir
Speedy, Inc. or other respective owners that have granted Sir Speedy, Inc. the
right and license to use such Marks. Users do not receive any trademark rights
or any other rights in or to the Marks. Users do not receive any trademark
rights in or to the Content.
“Sir Speedy”, “Sir Speedy
Printing and Marketing Services,” “MarketingTango The Rhythm of Integrated
Marketing” and “More Ways to Grow Your Business” are registered trademarks
of Sir Speedy, Inc., and proprietary marks of Franchise Services, Inc. Any other
trade names or trademarks are the property of their respective owners and are
used by permission.
9. Limitations and
Although Sir Speedy, Inc.
attempts to ensure the integrity and accurateness of the Site, it makes no
guarantees whatsoever as to the correctness or accuracy of the Site. It is
possible that the Site could include inaccuracies or errors, and that
unauthorized additions, deletions and alterations could be made to the Site by
third parties. In the event that an inaccuracy arises, please inform Sir
Speedy, Inc. so that it can be corrected.
THE INFORMATION, CONTENT,
SERVICES, PRODUCTS AND MATERIALS CONTAINED ON THE SIR SPEEDY WEBSITE, INCLUDING,
WITHOUT LIMITATION, TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN "AS
IS" BASIS WITH NO WARRANTY. USE OF THE INFORMATION, CONTENT, SERVICES,
PRODUCTS AND MATERIALS ON THIS SITE IS AT THE USER'S SOLE RISK. YOU ASSUME
TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES,
AND HYPERLINKED WEBSITES.
TO THE MAXIMUM EXTENT PERMITTED
BY LAW, SIR SPEEDY, INC. DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH
INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING
FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SIR SPEEDY, INC. DOES NOT REPRESENT OR WARRANT THAT THE
INFORMATION, CONTENT, PRODUCTS OR MATERIALS ACCESSIBLE VIA THIS SITE ARE
ACCURATE, COMPLETE OR CURRENT, OR WILL MEET ANY USER'S REQUIREMENTS OR WILL BE
TIMELY, UNITERRUPTED, SECURE, OR ERROR-FREE.
NEITHER SIR SPEEDY, INC., NOR ITS
PARENT OR ANY OF ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS, FRANCHISEES OR
SERVICE PROVIDERS IN ANY EVENT WILL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY
DIRECT, SPECIAL CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES
UNDER ANY THEORY OF LAW (I) ARISING OUT OF USER'S USE OF THIS WEBSITE IN ANY
MANNER; (II) FOR ANY ERRORS IN THE INFORMATION, CONTENT, SERVICES, PRODUCTS OR
MATERIALS ON THIS SITE; (III) FOR THE PROVISION OR USE OF ANY INFORMATION,
CONTENT, SERVICES, PRODUCTS OR MATERIALS VIA THIS WEBSITE; (IV) FOR ANY
NONDELIVERY, MISDELIVERY, LATE DELIVERY,
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA
OR USER-PROVIDED MATERIALS, EVEN IF YOU HAVE ADVISED SIR SPEEDY, INC. OF THE
POSSIBILITY OF SUCH DAMAGES.
ANY CLAIM SHOULD BE RESOLVED BY
CONTACTING THE SIR SPEEDY FRANCHISED LOCATION.
PERFORMANCE BY A FRANCHISED SIR SPEEDY CENTER LOCATION WILL NOT CAUSE SIR
SPEEDY, INC. , TO BE DEEMED YOUR, THE SIR SPEEDY FRANCHISED LOCATION, OR
ANYONE’S, AGENT FOR ANY PURPOSE.
10. Indemnification. You
agree to indemnify, defend and hold Sir Speedy, Inc., its officers, directors,
employees, owners, agents, affiliates, subsidiaries, suppliers, franchisees and
representatives harmless from and against any and all claims, damages, losses,
costs, and expenses (including but not limited to attorneys' fees) that arise
directly or indirectly from; (a) Your breach of any provision of these Terms
& Conditions; (b) any allegation that any Materials You provided constitute
Infringing Materials; or (c) any of Your activities conducted in connection
with this Site.
11. Confidential and
Proprietary Information. Sir Speedy, Inc. does not want to receive
confidential or proprietary information from You through the Site. Please note
that any information or Materials sent to Sir Speedy, Inc., through the Site
will be deemed NOT to be confidential. By sending Sir Speedy, Inc. any
information or Materials, You grant Sir Speedy, Inc. an unrestricted,
irrevocable, world-wide, royalty free license to use, reproduce, display,
perform, modify, transmit, and distribute those Materials or information, and You
also agree that Sir Speedy, Inc. is free to use any ideas, concepts, know-how,
or techniques that You send us for any purpose.
12. Site Updates. Sir Speedy, Inc. reserves the right to
make modifications, alterations or updates to this Site and these Terms &
Conditions at any time and without notice to Users. You accept the affirmative
obligation to periodically review whether or not these Terms and Conditions
have changed, and Your continued use of this Site shall be deemed an acceptance
and agreement to be bound by such modifications, alterations or updates.
Law & Dispute Resolution. These Terms and Conditions are governed by
the laws of the State of California, without giving effect to any principles or
conflicts of law. You hereby agree that any dispute concerning these Terms
& Conditions or other uses of this Site shall be submitted to and
determined in binding arbitration under the Rules for Commercial Arbitration of
the American Arbitration Association in Orange County, California. The
arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. 1 et
The arbitration shall be
conducted by a single neutral arbitrator. The decision rendered by the
arbitrator shall be final and binding upon the parties and may be entered as a
judgment in, and enforced by, any court of competent jurisdiction. In any
action regarding these Terms and Conditions, the prevailing party will be
entitled to reasonable costs and attorney's fees. In the event that any of the
Terms and Conditions are held by a court or other tribunal of competent
jurisdiction to be unenforceable, those provisions shall be limited or
eliminated to the minimum extent necessary so that these Terms and Conditions
shall otherwise remain in full force and effect. These Terms and Conditions are
not governed by the United Nations Convention of Contracts for the
International Sale of Goods, the application of which is expressly excluded.
14. No Relationship. The use of this Site creates no
relationship, contractual or otherwise, between You and Sir Speedy, Inc., or any
Sir Speedy Center location or franchisee, or any other entity, supplier or
Policy. The Sir Speedy, Inc.