DD Independent Franchise Owners, Inc., and its affiliates (“DDIFO” or “we”) provides its content on this Web site (the “Site”) subject to the following terms and conditions (the “Terms”). We may periodically change the Terms, so please check back from time to time. These Terms were last updated on May 21, 2010. By accessing and using this Site, you agree to these Terms.
1. Copyrights. All content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of DDIFO or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
2. Trademarks. The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of DDIFO and its licensors. DDIFO℠, DD INDEPENDENT FRANCHISE OWNERS℠,
INDY JOE™, and INDEPENDENT JOE™ are trademarks of DDIFO. You agree that you will not refer to or attribute any information to DDIFO or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, DDIFO or its licensors.
3. Use of Site Content. DDIFO hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the content and functionality displayed on the Site (the “Site Content”) on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without DDIFO’s prior written consent.
4. User Postings. You acknowledge and agree that DDIFO shall have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish in the Adaptive Design wiki section of the Site and otherwise, and you hereby waive any claims against DDIFO for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with DDIFO’s use and publication of such submissions. You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. DDIFO does not and cannot review all information posted to the Site by users and is not responsible for such information. However, DDIFO reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.
5. Disclaimers. THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT DDIFO IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DDIFO AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. DDIFO SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER DDIFO NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
7. No Endorsements. DDIFO does not endorse or recommend any commercial products, processes, or services. A sponsor on DDIFO’s Web site is paying to advertise, it is not to be considered a product or service endorsement by DDIFO.
DDIFO does not endorse organizations and does not endorse products or services that such organizations may offer. Furthermore, DDIFO does not control or guarantee the currency, accuracy, relevance, or completeness of information provided by sponsors in their advertising.
8. No Affiliation with Dunkin’ Donuts, Inc. DDIFO is not affiliated with Dunkin’ Donuts, Inc., or with any of its affiliated entities. Dunkin’ Donuts® franchises are not available from DDIFO.
9. Governing Law; Jurisdiction. These Terms are governed by the laws of the Commonwealth of Massachusetts without reference to the principles of conflicts of laws thereof.