IFPG Terms & Conditions
This Agreement describes the terms and conditions ("Terms") pursuant to which you (Member or Non-Member) may access and use the services provided on International Franchise Professionals Group ("IFPG’) ("the Site"). Please read this Agreement carefully as your use of the Site constitutes your binding acceptance of these Terms, including any modifications we may make. In consideration of the IFPG granting you access and use of the Site, you hereby agree as follows:
1. IFPG reserves the right at its sole discretion to change, modify, add or remove portions of these Terms at any time without notice or liability, and such modification shall become effective upon posting on the Site. Your use of the Site following any such modification shall be conclusively deemed to be your acceptance of such modification. Therefore, IFPG suggests you review these terms and conditions on at least a monthly basis. Your failure to review these terms and conditions or have knowledge of any updates will not serve as a defense for failure to abide by any of these terms. If you do not accept and agree to all provisions of these Terms, now or in the future, you may reject these Terms by immediately terminating all access and use of our sites and services, in which case any continuing access or use of our sites and service is unauthorized.
2 International Franchise Professionals Group is a registered corporation and its name is protected via trade-mark, service-mark and other federal protections afforded based upon filing with the U.S Patent and Trademark office. All IFPG trademarks, service marks, membership marks and logos appearing on International Franchise Professionals Group are the property of IFPG and all rights in those trademarks, service marks, membership marks and logos are reserved. Members of IFPG using any of the membership marks are bound by and should refer to the rules and regulations governing use of those marks to assure proper usage. These Terms grant you a limited, revocable, nonexclusive license to access our sites and service and use our sites and services, in whole or in part, including but not limited to our intellectual property therein, solely in compliance with these Terms.
3. The information provided on the Site is for educational and informational purposes only. The information should not be construed as a recommendation by IFPG for any course of action regarding financial, legal or accounting matters. It is not meant as a substitute for professional advice from a qualified legal, accounting or financial professional.
Interactions with Others
We and our representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
4. IFPG does not represent, warrant or endorse the accuracy or reliability of any information displayed, uploaded, downloaded or distributed through the Site by any user, or any other person or entity. IFPG disclaims liability for any damages or losses, direct or indirect, that may result from use of or reliance on information contained on the Site.
We do not control, are not responsible for and make no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.
You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.
Content prohibited from our sites and services includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, court ordered defamatory statements, threatening, hateful or pornographic content); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via our sites and services); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to our sites and services would violate these terms or our other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in supplemental terms for particular categories or services on our sites and services and all such prohibitions are expressly incorporated into these terms as stated in the introductory paragraphs above.
You automatically grant and assign to us, and you represent and warrant that you have the right to grant and assign to us, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to us all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).
5. IFPG may change, suspend or discontinue any aspect of the services provided at the Site at any time without notice or liability, including the availability of any feature, blog, database or content.
6. The Site contains a combination of content that IFPG creates, its partners create, and that its users create. All materials published on the Site including but not limited to text, images, video, graphics and multimedia files ("Content") are protected by all applicable copyright and trademark laws and owned by IFPG or the party credited as the provider of the Content. All rights in the Content are expressly reserved by the applicable copyright and trademark owner.
a. Reprinting Content from the Site shall be for personal use only and is not intended for redistribution.
b. You may not sublicense, transfer or otherwise make any Content available to any third party for commercial purposes or financial gain or use the Content in any other media or in any other location other than as permitted in this section. You may not upload Content that contains advertising or promotion for any purposes other than that which is authorized under the agreement of the use of this site. Content obtained from this site is to be used in accordance with the licensing agreement.
c. All Content provided by any party other than IFPG must identify the party who provided that Content.
7. The Site may contain links to other Internet sites operated by third parties. These links are provided as a convenience to access the information contained therein. IFPG does not endorse or approve, is not a sponsor, partner, promoter or publisher of such sites or their content, and expressly disclaims any responsibility or liability for the content of any other site. You should direct any concerns regarding any external link to the site administrator or Webmaster of such other site.
8. THIS SITE IS PROVIDED BY IFPG ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY THAT THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. IFPG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USABILITY, CONDITION OR OPERATION OF THIS SITE, OR THAT ACCESS TO OR USE OF INTERNATIONAL FRANCHISE PROFESSIONALS GROUP WILL BE UNINTERRUPTED OR ERROR-FREE, OR AS TO THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IFPG DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FIT FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPARABILITY, SECURITY AND ACCURACY. YOU AGREE THAT IFPG IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES.
Limitations of Liability
WE AND OUR REPRESENTATIVES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; ANY INABILITY TO ACCESS OR USE OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES. NOTHING IN THESE TERMS WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITES AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH OUR SITES AND SERVICES).
IN NO EVENT WILL OUR OR OUR REPRESENTATIVES LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PROVIDER ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING OUR SITES AND SERVICES AND TO CANCEL YOUR ACCOUNT, IF ANY.
You hereby release us and each of our representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our sites and services or content accessed through our sites and services, or any interactions with others arising out of or related to our sites and services or content accessed through our sites and services.
THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
9. As part of the registration process you are granted a username and password. You may change your password at any time in accordance with the procedure on the Site. You agree you are exclusively responsible for maintaining the security of your password. Sharing your login information or granting access to the IFPG Site or any other IFPG materials with others is a direct breach of this Agreement, which may result in immediate termination of your access to the Site. You agree to provide IFPG with accurate, complete, and updated registration information. Failure to do shall constitute a breach of this Agreement, which may result in immediate termination of your access to the Site. Failure to abide by this term shall result in liability to IFPG for actual damages. If actual damages are too speculative then it shall result in liquidated damages of $1,500 per violation.
You acknowledge and understand that IFPG expends a significant amount of time and money in the processing, setting up and maintaining of each members profile. As a result, should you decide to terminate your membership with IFPG and then return as a Member of IFPG at anytime in the future thereafter, IFPG will charge an additional $1000 fee in addition to any other membership fees required to once again sign up and be a Member of IFPG.
10. IFPG reserves the right, but not the obligation, to send electronic mail to any and all users of the Site for the purpose of informing them of changes or additions to the Site or any related services or products. Your registration on the Site constitutes your consent to receive such electronic mail.
11. IFPG may at any time, in its sole discretion, terminate, limit or suspend your access to International Franchise Professionals Group, without notice or liability, for any reason whatsoever, including without limitation your breach of this Agreement or the termination of your membership in IFPG.
12. IFPG encourages meaningful exchange on the Site on issues involving Franchise Businesses and other Franchise Related issues. Unless otherwise provided for regarding a specific section of the Site, user Content is reviewed by an IFPG representative and approved Content will be posted within approximately two business days. IFPG aims to publish all user-submitted Content unless it:
• Contains language that IFPG, in its sole discretion, considers offensive or inappropriate;
• Is not relevant to the post that is being responded to;
• Is a commercial endorsement, including spam; or
• Infringes the trademarks or copyrights of IFPG or any third parties.
a. IFPG disclaims responsibility and liability for the content and opinions expressed by others on the Site including, but not limited to, content or opinions regarding any products or service mentioned on the Site.
b. If you upload Content to the Site, you agree to indemnify and hold IFPG harmless from any and all liability, damages or expenses whatsoever due, directly or indirectly, to any cause of action arising out of the Content posted by you.
c. You agree to use the Site only for lawful purposes and not to upload any unlawful Content or in any other way use the Site so as to violate any local, state, or national law.
d. IFPG reserves the right but not the obligation to refuse, move, or remove any material submitted to the Site for any reason and to restrict, suspend, or terminate your access to all or any part of the Site.
(i) You agree not to post any defamatory, libelous, threatening, vulgar, sexual explicit, abusive, profane, rude, obscene, or anonymous Content.
(ii) You agree not to take any action which would disrupt or interfere with the normal use of the Site by other authorized users.
(iii) You agree not to post any advertising, promotional or other type of solicitation to other authorized users of the Site except in those areas of International Franchise Professionals Group where such postings may be specifically authorized.
(iv) You agree not to impersonate any other person in any registration or Content you upload to the Site.
(v) Individual sections of the Site may have additional rules and regulations specific to the subject matter being covered in that section. These rules and regulations will be posted on the section’s homepage. You agree to abide by the rules and regulations of individual sections on the Site.
(vi) You agree not to offer any products or services to IFPG Members or potential IFPG Members that IFPG determines in its sole discretion to be in direct competition with IFPG or any services IFPG offers.
(vii) You agree not to solicit IFPG Members or potential IFPG Members or offer IFPG Members or potential IFPG Members any products or services that IFPG determines in its sole discretion to be in direct competition with IFPG or any services IFPG offers.
13. We believe we will be able to resolve most disputes or issues you may have using our sites and services. In the unlikely event we are not able to resolve a dispute or issue, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you agree to the following resolution process:
Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with us for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at:
International Franchise Professionals Group
499 Ernston Road
Parlin, NJ 08859
If we are unable to mutually agree upon a resolution after the 30-day period, you agree that any claim you may have against us regarding these Terms or our sites and services will be resolved through binding arbitration administered by American Arbitration Association and governed by the then current American Arbitration Association Streamlined Arbitration Rules and Procedures. It is important to us that we address any issues you might have promptly. To help us do that, you agree to begin any arbitration within one year after your claim arose; otherwise, your claim is waived. As an exception to this arbitration agreement, we are happy to give you the right to pursue in small claims court any claim that is within that court's jurisdiction as long as you proceed only on an individual basis.
We prefer to resolve our issues with you directly and, accordingly, you agree to arbitrate with us only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.
You agree that arbitration will be exclusively held in Middlesex County, New Jersey and that each party will be responsible for its own costs, including paying any American Arbitration Association filing, administrative and arbitrator fees in accordance with American Arbitration Association rules. In order to select an arbitrator, each party agrees to provide a list of two available arbitrators that have experience with the subject matter. Each party may strike one of the names on the other party’s list. The parties will select an arbitrator out of the remaining two arbitrator names. If the parties cannot mutually agree on one arbitrator, JAMS will choose the arbitrator randomly from the two remaining arbitrators. It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If you're not sure what all of this means, of course please feel free to ask an attorney.
This Agreement, its Terms, and use of the Site are governed by and will be interpreted under the laws of the State of New Jersey, United States of America, without reference to conflicts of laws and without regard to the location of execution or performance of this agreement.
However, IFPG may in its sole discretion chose to resolve any dispute in State or Federal Court of New Jersey, Middlesex County and require Arbitration.
14. IFPG has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). If you believe your copyright material is being used on this Site without permission, please notify and provide the below information:
International Franchise Professionals Group
ATTN: Designated Agent
499 Ernston Road
Parlin, NJ 08859
a. A description of the copyrighted work or other intellectual property that you claim has been infringed;
b. A description of where the material that you claim is infringing is located on the Site;
c. An address, a telephone number, and an e-mail address where IFPG can contact you and, if different, an e-mail address where the alleged infringing party, if not IFPG, can contact you;
d. A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
e. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
f. Your electronic or physical signature.
IFPG may request additional information before removing any infringing material. IFPG may provide the alleged infringing party with your e-mail address so that that person can respond to your allegations.
These Terms along with the Non-Exclusive Referral Agreement constitute the entire agreement between you and us and supersede any prior written or oral agreement. Other than our representatives (who are expressly included as named third-party beneficiaries of these Terms), there are no third-party beneficiaries to these Terms. If any provision of these Terms is found by a court of competent jurisdiction to be unenforceable, all other provisions of these Terms will remain in full force and effect.
International Franchise Professionals Group Terms and Conditions For Participating In IFPG Retreat and other IFPG Events
International Franchise Professionals Group (IFPG) is providing these terms and conditions to participating exhibitors, sponsors and attendees (collectively referred to as “attendees”) of the upcoming IFPG Retreat. All registered exhibitors, sponsors and attendees of the IFPG Retreat shall be subject to these terms and conditions.
Cancellation: Attendee may cancel only by written notice to IFPG sent by certified mail or return receipt requested. Attendees shall remain obligated to pay the total fee unless written notice of cancellation is received and accepted by the IFPG on or before four (4) calendar months prior to the event start date, in which case attendee shall be liable for 50% of the total fee. The parties agree that the amount for which attendees shall be liable is considered to be liquidated and agreed-upon damages for the injuries the IFPG will suffer as a result of attendees’ cancellation. This provision for liquidated and agreed-upon damages is a bona fide provision and not a penalty. The parties understand that the withdrawal of the space reserved from availability at the time when other parties may have been interested in applying for it will cause the IFPG to sustain economic damages which will not be capable of determination with mathematical precision. Therefore, the provision for liquidated and agreed-upon damages has been incorporated into this agreement as a valid pre-estimate of these damages. The IFPG shall be entitled to close down an exhibit table or deny involvement in any event activity at any time for failure by any attendee to perform, meet or observe any terms or conditions set forth herein, and such attendee shall not be entitled to any refund or any part of any fees. In the event that the attendee or sponsor decides to cancel this agreement according to the terms and conditions contained herein, and should the cancellation be received by IFPG 30 days or less prior to the commitment of event set up, the attendee or sponsor agrees to pay the IFPG any additional expenses the IFPG may incur.
Act of God: In the event that because of war, fire, strike, governmental order, public catastrophe, act of God, disease, illness, pandemic, or the public enemy or other causes beyond the control of the IFPG of the event or any part thereof is prevented from being held, is canceled by the IFPG or the event space assigned becomes unavailable, there will be no refunds. IFPG will use their best effort, in the sole discretion of IFPG, to reschedule the event. However, if the event is rescheduled, IFPG shall not be liable to attendee or sponsor for any cancellation fees, flight or airfare ticket change fees, or any other fees or costs associated with attendee or sponsor having to attend the event at an alternative date, time or location. If the original registered attendee is not available for rescheduled event they are permitted to transfer their registration to another authorized representative from their company to attend the rescheduled event. If IFPG is unable to reschedule the event for any reason, attendee or sponsor understands and agrees it shall not be entitled to any refund.
No Guaranty: Attendee understands, acknowledges and agrees that IFPG makes no guaranties as to the amount of attendees at the retreat nor the benefit or performance attendees may or may not experience as a result of the retreat.
Risk Of Loss: Attendee agrees that neither the IFPG nor the management or owners of the event location nor any of their officers, agents, employees or other representatives shall be held accountable or liable for, and the same are hereby released from accountability and liability for, any damage, loss, harm, or injury to the person or property of the attendee or of attendees officers, agents, employees or other representatives resulting from theft, fire, water, accident or any other cause. Attendee also agrees that the IFPG and the management and owners of the event location will not obtain any insurance for such claims or damages. Attendeealso agrees that the IFPG and the management and owners of the event location will not obtain any Insurance against such damage, loss, arm or injury to any personal property of the attendee or any of attendees officers, agents, employees or other representatives and that the procuring of insurance against those risks is solely the responsibility of attendee. Attendee agrees to indemnify, defend, protect, hold and save harmless the IFPG and the event location owners and management against and from any and all claims, demands, suits, liability, damages, loss, cost, attorneys fees and expenses of whatever kind or nature including, but not limited to subrogation claims by anyone having a contract of insurance with the attendee, which might result from or arise out of any action or failure to act on attendees part or on the part of any of attendees officers, agents, employees or other representatives, including but not limited to, claims of damage or loss to the event location property or from or out of any damage, loss, harm or injury to the person and/or property of the attendee or any of attendees officers, agents, employees or other representatives and further including, but not limited to, claims of damage or loss to any third-party resulting from an infringement of any copyright, patent or trademark.
Choice Of Law And Jurisdiction: This agreement is deemed to be entered into and governed by the laws of the state of New Jersey (Middlesex County). The attendeeconsents to the jurisdiction of the court of the state of New Jersey for resolution of any and all disputes and claims arising out of and/or relating to this agreement. However nothing here in shall obligate the IFPG to enforce its right inside state if jurisdiction is proper elsewhere, and IFPG sole discretion.
Entire Agreement: This written agreement contains the entire agreement between the parties and may not be changed orally, but only by a written agreement, signed by both parties. Any and all prior conversations, emails, representations, or other communications, written, oral or otherwise, are superseded by the terms of this agreement.
Payment: Payment of the total fee is due upon committing to being an attendee. The fee is nonrefundable in its entirety unless canceled in accordance with the terms of this agreement and said Cancellation is subject to all the terms and conditions contained herein.
Binding Of These Terms And Conditions: Attendee understands, acknowledges and agrees that by registering as an attendee at the IFPG Retreat they are agreeing to these terms and conditions, whether they signed them or not.