SIR SPEEDY TERMS & CONDITIONS
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 "User".
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.
Sir 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.
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.
Sir 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.
You 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 and Conditions.
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.
Certain functionality provided via this Site may be covered by U.S. Patent 5,930,474. Under License.
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.
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.
10. LIMITATIONS AND DISCLAIMERS
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.
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.
12. 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.
13. APPLICABLE 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 seq.
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 service provider.