Terms and Conditions of Use
12. Web Site Security Rules
Users are prohibited from violating or attempting to violate the security of Franchisee, including, without limitation: (a) by accessing data not intended for such user or logging into a server or account which such user is not authorized to access; (b) by attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; and (c) by attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding," "mailbombing" or "crashing." Violations of system or network security may result in civil or criminal liability. Franchisee will vigorously pursue all potential violations of these security rules, and will cooperate with law enforcement in prosecuting users who are found to have violated these security rules.
13. Suspension; Termination
If it is determined that you have violated any element of these Terms and Conditions, Franchisee may issue a written warning and temporarily suspend your use of the Web Site pending receipt of written confirmation from you agreeing to refrain from any further violations; provided, however, that Franchisee shall have the right to immediately terminate your use of the Web Site without issuing any such warning if such action is deemed necessary, in the sole discretion of Franchisee. If it is determined that you have committed a second violation of any element of these Terms and Conditions, Franchisee shall have the right, in its sole discretion, to immediately suspend or terminate your use of the Web Site without further notice. Upon termination of your use of the Web Site, you agree to immediately destroy any copies made of any portion of the content contained thereon.
THE MATERIALS ON THIS WEB SITE ARE PROVIDED TO YOU ON AN "AS IS" BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRANCHISEE DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED VERBAL OR WRITTEN REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEB SITE AND THE CONTENT (WHETHER OR NOT ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING).
FOR EXAMPLE BUT WITHOUT LIMITATION, FRANCHISEE DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY THAT: (I) THE CONTENT IS ERROR-FREE AND/OR FREE FROM ANY COMPUTER BUGS, VIRUSES OR DISENABLING CODES; AND/OR (II) THE CONTENT WORKS WITH ANY HARDWARE OR SOFTWARE CONFIGURATION.
ALSO FOR EXAMPLE BUT WITHOUT LIMITATION, FRANCHISEE DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WITH RESPECT TO: (I) THE ACCURACY, COMPLETENESS, OR CURRENCY OF THE CONTENT; (II) OWNERSHIP OF OR TITLE TO THE CONTENT; (III) NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL RIGHTS IN AND TO THE CONTENT OR THE MARKS; (IV) THE MERCHANTABILITY OF THE CONTENT AND/OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE; AND (V) THE OPERABILTY OF THE HYPERLINKS. IN NO EVENT WILL FRANCHISEE BE LIABLE FOR ANY INTERNET OR TELECOMMUNICATIONS FAILURE, THIRD PARTY INTERFERENCE, COMPUTER VIRUS OR ANY OTHER THIRD PARTY SOFTWARE OR HARDWARE THAT MAY INTERRUPT OR DELAY ACCESS TO ANY INTERNET SITE OR CAUSE OTHER PROBLEMS OR LOSSES, AND FRANCHISEE ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE WEB SITE.