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THE MISSING PIECE TAMPA WEBSITE TERMS AND CONDITIONS
1.
NOTICE
REGARDING FRANCHISE OFFERS OR SALES
This information is not intended as an offer to sell,
or the solicitation of an offer to buy, a franchise. It is for information
purposes only. There are approximately 14 countries and 15 US states that
regulate the offer and sale of franchises. The countries are Australia, Brazil,
Canada (provinces of Alberta and Ontario), China, France, Indonesia, Italy,
Japan, Malaysia, Mexico, Russia, South Africa, South Korea, Spain, and the
United States of America. The US states are California, Hawaii, Illinois,
Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Oregon, Rhode
Island, South Dakota, Virginia, Washington, and Wisconsin. If you are a
resident of one of these states or countries, are receiving this message in one
of these states or countries, or intend to operate a franchise in any of these
states or countries, we will not offer you a franchise unless and until we have
complied with any applicable pre-sale registration and/or disclosure
requirements in the applicable jurisdiction.
This offering is not an offering of a franchise. In
New York (USA), an offering of a franchise can only be made by a prospectus
that has been previously filed and registered with the Department of Law of the
State of New York. The application for registration of an offering prospectus
or the acceptance and filing thereof by the Department of Law as required by
the New York law does not constitute approval of the offering or the sale of
such franchise by the Department of Law or the attorney general of New York.
OUR WEBSITE HAS NOT BEEN REVIEWED OR APPROVED BY THE
CALIFORNIA DEPARTMENT OF CORPORATIONS. ANY COMPLAINTS CONCERNING THE CONTENT OF
THIS WEBSITE MAY BE DIRECTED TO THE CALIFORNIA DEPARTMENT OF CORPORATIONS AT
www.corp.ca.gov.
Likewise, our website has not been reviewed or
approved by any other federal or state governmental or regulatory agency.
None of the communications made through this Web Site should
be construed as an offer to sell any The Missing Piece® Franchise, nor
is any such communication directed to, the residents of any jurisdiction
requiring registration of the franchise before it is offered and sold in that
jurisdiction. No The Missing Piece® Franchises will be sold to any
resident of any such jurisdiction until the offering has been exempted from the
requirements of, or duly registered in and declared effective by, such
jurisdiction and the required Uniform Franchise Offering Circular (if any) has
been delivered to the prospective franchisee before the sale in compliance with
applicable law. If you have any questions concerning the registration status of
The Missing Piece® Franchises in your jurisdiction, please
contact us at barbara@tmpstores.com.
2.
TERMS OF
USE AND INTELLECTUAL PROPERTY
Welcome to the web site ("Site")
of The Missing Piece Franchising, LLC ("TMPF", the "Company"
"we" or "us"), www.tmpstores.com, (collectively, the "Site" or "Web
Site"). We have set out below certain terms and conditions for use of
this Site. You agree to be bound by these terms if you use our Site. If you do
not agree with this Terms and Conditions statement, do not use this Site. Be
sure to check this page periodically for updates, as your continued use of the
Site signifies your acceptance of any changed items.
Please note that the headings contained in this Terms
and Condition statement are inserted for convenience of reference only and
shall not in any way define or affect the meaning, construction, or scope of
any of the provisions contained in this Terms and Conditions statement.
THE MISSING PIECE® stores are owned and operated
either by the Company or by an independent franchisee. The Company
licenses independent franchisees to provide THE MISSING PIECE® products
and services to the public.
THE MISSING PIECE® name, design, logos and related
marks are registered trademarks/service marks of The Missing Piece Franchising,
LLC. All rights reserved.
Our Site and all of its contents (including, without
limitation, articles, text, photographs, images, illustrations, graphics, video
material, audio material, and software — collectively, the "intellectual
property"), are protected by copyright, trademark and other laws of the
United States, as well as international conventions and the laws of other
countries. The intellectual property is owned or controlled by the Company or
the party credited as the provider of the intellectual property. Additionally,
the Site itself is protected by copyright as a collective work and/or
compilation.
No portion of this Site may be reproduced, duplicated,
copied, sold, or otherwise exploited for any commercial purpose that is not
expressly permitted by the Company.
You may browse through the Site and occasionally
download small amounts of materials appearing on the Site that are of personal
interest to you for personal, non-commercial use. You must keep intact all
copyright, trademark and other notices contained in your personal copies. You
may not reproduce or allow others to reproduce your personal copies of
downloaded materials, nor may you make them available electronically. You may
not save or archive a significant portion of the material appearing on the
Site. You may not attempt to alter or modify the content posted on the Site.
Except as expressly set forth in this paragraph, you may not copy, download,
display, distribute, publish, enter into a database, display, perform, modify,
create derivative works, transmit, post, decompile, reverse engineer,
disassemble or in any way exploit any of our intellectual property or the Site
itself.
3.
USE OF
SITE
You may not use this Site for any purpose that is
unlawful or prohibited by this Terms and Conditions statement, or cause damage
on or through this Site. You promise that none of your communications with or
through the Site will violate any applicable local, state, national or
international law. You further promise that none of your communications with or
through the Site will infringe upon the rights of any third party or contain
defamatory, libelous, abusive or obscene material. You agree not to
affect/interrupt or to attempt to affect/interrupt the operation of this Site
in any manner.
You agree to defend, indemnify and hold, its
affiliates, officers, directors, employees, franchisees, agents, licensors,
business associates, and suppliers harmless from and against any actual or
threatened claims, actions or demands, causes of action, damages, losses,
expenses, liabilities and settlements including, without limitation, reasonable
legal and accounting fees and costs of suit, resulting from, or alleged to
result from, or arising out of or in connection with, your use of the Site,
including without limitation your use of the Site in a manner that violates or
is alleged to violate this Terms and Conditions statement or any applicable law.
4.
DISCLAIMER
OF WARRANTY AND LIMITATION OF LIABILITY
The Company does not guarantee the accuracy of
information found on the Site. Your reliance on information found on the Site
is at your own risk.
THE SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU
"AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE
COMPANY AND ITS FRANCHISEES MAKE NO REPRESENTATIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF
THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.
UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS
FRANCHISEES, AFFILIATES, SUPPLIERS OR ANY OTHERS INVOLVED IN CREATING THE SITE
AND ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES
RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE OR ITS CONTENT (INCLUDING
BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION,
DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY
IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM,
TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF YOU HAVE ADVISED THE COMPANY
IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
THE COMPANY, ITS FRANCHISEES, SUPPLIERS AND SERVICES
PROVIDERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR TIMELINESS,
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE
EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT THE COMPANY ON THIS
SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE
OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY.
THE COMPANY UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH
INFORMATION. IN PARTICULAR, IF YOU ARE MAKING AN INVESTMENT DECISION, PLEASE
CONSULT A NUMBER OF DIFFERENT SOURCES, INCLUDING RELEVANT FILINGS WITH THE
SECURITIES AND EXCHANGE COMMISSION.
Applicable law may not allow the exclusion of certain
warranties or the limitation or exclusion of liability for incidental or
consequential damages. Accordingly, some of the above limitations or exclusions
may not apply to you. However, in no event shall the Company’s aggregate
liability to you or any third party for damages, losses, and causes of action
exceed the amount paid by you, if any, for accessing this Site or $100,
whichever is lesser. You agree to bring any and all actions within one year
from the date of the accrual of the cause of action, and that actions brought
after this date will be barred.
5.
LINKS TO
OTHER SITES
Our Site may provide links to web sites not operated
by the Company. Access to any other sites linked to this Site is at your own
risk. Such links do not imply, nor should you infer, the Company association,
sponsorship, affiliation or endorsement of material on any other site, and the Company
assumes no responsibility for third-party web sites, including but not limited
to any content contained on such websites. For example, the Company does not
vouch for, or make any judgment or warranty with respect to, the accuracy,
reliability or availability of the information or the goods or services offered
on third-party web sites, even if someone from our Company is quoted or leaves
a comment.
Although the Company may open a new browser window
when you click on a link to a third party's site, we do not guarantee that you
will receive this alert when you leave our Site. It is your responsibility to
determine when you have left this Site.
Unless otherwise set forth in a written agreement
between you and the Company, you may link your web site to the home page of our
Site, provided that you adhere to the following linking policy: (i) any link to
the Web Site must be a text only link and clearly marked "THE MISSING
PIECE FRANCHISING," (ii) the appearance, position and other aspects of the
link may not be such as to damage or dilute the goodwill associated with the Company
names and trademarks, (iii) the link must "point" to the URL www.tmpstores.com
and not to other pages within the Web Site, (iv) the appearance, position and
other attributes of the link may not create the false appearance that your
organization or entity is sponsored by, affiliated with, or associated with the
Company, (v) when selected by a user, the link must display the Web Site on
full-screen and not within a "frame" on the linking Site, and (vi) the
Company reserves the right to revoke its consent to the link at any time and in
its sole discretion.
6.
E-MAIL
E-mail submissions over the Internet may not be
secure. Please consider this fact before e-mailing any personal or confidential
information.
7.
FEEDBACK
AND SUBMISSIONS
Any material, information or ideas you submit to this
Site will be deemed a grant of a royalty free, exclusive, sublicensable
(through multiple tiers) right and license to use, reproduce, cache, modify,
display, publicly perform, transmit, adapt, publish, translate, create
derivative works from and distribute these materials throughout the universe in
any medium and through any methods of distribution, transmission and display
whether now known or hereafter devised. In addition, you warrant that all
publicity rights and so-called "moral rights" have been waived. If
any court determines that the Company does not retain exclusive ownership of
any such material, information, or ideas, then the Company retains a
non-exclusive license to use them.
8.
VIOLATIONS
AND ADDITIONAL TERMS
The Company reserves the right to seek all remedies
available at law and in equity for violations of this Terms and Conditions
statement, including suspending or blocking your access to the Site.
Certain products or services offered by this Site, and
certain areas within this Site, may be governed by additional terms of use
and/or other agreements ("Additional Terms") presented in
conjunction with those products, services or areas. You must agree to these
Additional Terms before using those products, services or areas. The Additional
Terms and this Terms and Conditions statement both apply. In the event of an
irreconcilable inconsistency between the Additional Terms and this Terms and
Conditions, the Additional Terms control.
9.
NO WAIVER
No delay or failure by the Company to enforce any of
these Terms and Conditions shall constitute a waiver of any of our rights under
these Terms and Conditions. Neither the receipt of any funds by the Company nor
the reliance of any person on our actions shall be deemed to constitute a
waiver of any part of these Terms and Conditions. Only a specific, written
waiver signed by an authorized representative of the Company shall have any
legal effect.
10.
CO-BRANDED
AREAS OF THIS SITE
Your correspondence or business dealings with, or
purchase of products or services from, the companies that operate our co-branded web sites linked
to this Site or web pages found on this Site, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such Company.
You agree that the Company shall not be responsible or liable for any loss or
damage of any sort incurred as a result of such dealings or as a result of the
presence of a co-branded offer on this Site.
11.
EMPLOYMENT
OPPORTUNITIES
The Company is committed to the principles of equal
employment opportunity. Applicants are considered for all positions without
regard to race, sex, color, religion, national origin, age, disability (so long
as such disability can be reasonably accommodated) or any other status
protected by applicable law. The Company encourages all qualified applicants to
apply. The Company does not assume responsibility for the hiring practices of
The Missing Piece® franchisees.
12.
SEVERABILITY
If any clause or provision set forth in this Terms and
Conditions statement is determined to be illegal, invalid or unenforceable
under present or future law, the clause or provision shall be deemed to be
deleted without affecting the enforceability of all remaining clauses or
provisions.
13.
The Company
recognizes its obligation to adhere to the highest standards of integrity for
visitors to its website located at www.tmpstores.com. We have developed certain privacy practices
in order to maintain these standards and to comply with applicable laws, rules
and regulations, including the Children’s Online Privacy Practices Act ("COPPA").
If you have any questions or comments about this site, or the Privacy Policy,
you should contact the our Webmaster at candace@tmpstores.com or call Candace Blackburn at
813-835-6747. The Company
does not require visitors to submit personal information to visit the Web Site;
however, we may require visitors to submit personal information to register for
specific online promotions or to participate in certain online programs,
surveys, auctions or other transactions or activities. On a particular Company
registration page, we may request the visitor’s date of birth, gender, email
address, telephone number, and/or other contact and demographic information
related to the particular promotion, program, auction, survey or transaction.
During the registration process, the Company will calculate the visitor’s age
via DBD entry field. The Company will not knowingly collect personal
information from children 13 years of age or younger on the Web Site. When you
disclose personal information on the Web Site, you are representing to The Company
that you are 14 years of age or older. If a person 13 years of age or younger
has provided personal information to the Company, a parent or guardian should
contact us at candace@tmpstores.com
so that the Company can remove such
personal information from the Company active database. The Company reserves the
right to limit participation in particular programs or promotions to visitors 18
years of age or older. The
personal information that you provide will be available to the Company, our
affiliates, agents, representatives, franchisees and trusted service providers
and contractors, as appropriate, to be used for the purposes indicated or
inferred at the time you voluntarily provide such personal information. The Company
might also use your personal information, alone or in combination with the
information submitted by other users, to improve the Web Site’s navigation or
infrastructure and in internal marketing analyses or reviews. Companies that
have access to your personal information are required to protect such personal
information and to use such personal information only to carry out the
activities or services they are performing for you or for the Company.
Additionally, unless you notify us to the contrary, The Company might use your
personal information in the future to provide you with special offers from The Company
or its affiliates. The Company does not sell, rent, individually post or
otherwise disclose any personal information about visitors to unrelated third
parties for marketing purposes. If you do not wish to allow the Company to use
your personal information in the future to provide you with special offers from
the Company or its affiliates, please contact the Company in the manner
identified below. By submitting personal information, you grant to the Company
a license to use such personal information for the purposes described in this
section. If you
choose to opt-out from allowing the Company to use your personal information in
the future to provide you with special offers from the Company or its
affiliates, simply click the “Opt-out” box at the time you provide personal
information or contact the Company directly at candace@tmpstores.com.
Upon receipt and processing of an
"opt-out" request, The Company will, within a commercially reasonable
amount of time, remove your information from any listings used to provide you
with special offers from the Company or its affiliates in the future. The Company
may also collect non-personal information from our online visitors, such as the
visitor’s type of browser, page hits, number of visits, web pages viewed,
operating system and domain names, and may use cookies to obtain other
non-personal information. Cookies are pieces of data sent from a web server to
a web browser that enables a web server to identify users that visit a site
hosted by that server. The Web Site may use cookies in order to identify you to
our site so that the Web Site (i.e., the Company) can provide more customized
information and services to you. In general, if you choose, you can disable the
use of cookies by reviewing your browser’s performance and options. The
non-personal information we collect enables us to track the total number of
visitors to each of our sites in an aggregate form, and is used by The Company
to improve and update our sites, products and services. Aggregate
(non-personal) information may be shared with third parties. By using the Web
Site, you grant the Company a perpetual, irrevocable, worldwide, royalty-free,
sublicensable (through multiple users) license to use, reproduce, store,
modify, publicly perform, publicly display, distribute and transmit such
non-personal information for any purpose, and waive any moral rights and
publicity rights in such non-personal information. The Company does not tie
this non-personal information to your personal information. If
visitors send us any comments, suggestions, information, ideas, concepts,
knowledge or techniques, the Company is free to use the information worldwide,
in perpetuity, without acknowledgement or compensation, for any purpose,
including developing, manufacturing or marketing products and/or modifying or
improving our web site(s). This
Privacy Policy may be modified by the Company at any time by updating this
posting. You are responsible for reviewing this Privacy Policy each time you
use or access the Web Site.
14.
ELECTRONIC SIGNATURES Pursuant to any applicable
statutes, regulations, rules, ordinances or other laws, including without
limitation the Electronic Signatures in Global and National Commerce Act, P.L.
106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE
TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, APPLICATIONS AND OTHER RECORDS
AND ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED THROUGH THIS Site.
Further, you hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances or other laws in any jurisdiction which require
an original signature or delivery or retention of nonelectronic records, or to
payments or the granting of credits by other than electronic means. You may obtain a copy of this Agreement by
printing it now at no additional cost to you or by contacting us later at
candace@tmpstores.com.
We may charge you up to $5 per copy of this
Agreement if we send a copy to you at a later date. BY CLICKING THE BUTTON MARKED
[I ACCEPT] OR BY ANY OTHER ACT ON YOUR PART TO USE, DOWNLOAD, ACCESS,
COPY, PURCHASE OR LICENSE THE SOFTWARE OR SERVICES AVAILABLE ON OR THROUGH THIS
SITE IN ANY WAY, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO
BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL
OF THE TERMS AND CONDITIONS, POLICIES AND PROCEDURES INCORPORATED INTO IT. IF YOU DO NOT UNDERSTAND THE
TERMS AND CONDITIONS OF THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY ALL OF
THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL OF THE AGREEMENTS POLICIES
AND PROCEDURES THAT ARE INCORPORATED INTO IT, CLICK ON THE BUTTON MARKED [I
DO NOT ACCEPT]. 15.
FORWARD-LOOKING
STATEMENTS
Matters discussed on this Site relating to future
events or our future performance, including any discussion, express or implied,
of our anticipated growth, operating results, future earnings per share, plans
and objectives, contain forward-looking statements within the meaning of
Section 27A of the Securities Act of 1933 and Section 21E of the Securities
Exchange Act of 1934. These statements are often identified by the words
"believe", "positioned", "estimate",
"project", "target", "continue",
"intend", "expect", "future",
"anticipates", and similar expressions that are not statements of
historical fact. These statements are not guarantees of future performance and
involve certain risks, uncertainties and assumptions that are difficult to
predict. Our actual results and timing of certain events could differ
materially from those anticipated in these forward-looking statements as a
result of certain factors, including, but not limited to, those set forth under
the "Risk Factors" section in our most recent Form 10-K (if any) as
updated by Form 10-Q(s) thereafter (if any), and in our other public filings
with the Securities and Exchange Commission (if any). It is routine for
internal projections and expectations to change as the year or each quarter in
the year progresses, and therefore it should be clearly understood that all
forward-looking statements and the internal projections and beliefs upon which
we base our expectations included on this Site are made only as of the date
made and may change. While we may elect to update forward-looking statements at
some point in the future, we do not undertake any obligation to update any
forward-looking statements whether as a result of new information, future
events or otherwise.
16.
GOVERNING
LAW AND JURISDICTION
The Web Site is operated by The Missing Piece
Franchising, LLC. The laws of the State of Florida shall govern this Terms and
Conditions statement, without reference to its choice of law rules. The Company
makes no representation that the information in the Site is appropriate or
available for use in other locations, and access to the Web Site from
territories where the content of the Web Site may be illegal is prohibited.
Those who choose to access the Web Site from other locations do so on their own
initiative and are responsible for compliance with applicable local laws. This
Terms and Conditions statement and all policies and documents incorporated
herein by reference constitute the entire agreement between the Company and you
with respect to the subject matter herein.
This Terms and Conditions statement and any disputes
arising under or related to this Terms and Conditions statement to this Site
will be governed by U.S. federal law and the laws of the State of Florida,
without reference to its conflict of law principles. Any such dispute shall be
resolved exclusively in the state or federal courts in Hillsborough County,
Florida, where we have our headquarters. You agree to submit to the personal
jurisdiction and venue of the courts of the State of Florida for any legal
proceeding involving the Site, regardless of who initiated the proceeding. This English-language Terms and Conditions statement
is the Company’s official agreement with users of this Site. In case of any
inconsistency between this English-language Terms and Conditions statement and
its translation into another language, this English-language document shall
control.
© 2009 , 2010 The Missing Piece Franchising, LLC., All Rights
Reserved. |