Disclaimer Last update: July 29, 2016
All data you use from FranchiseGrade.com Inc. (hereafter referred to as "FranchiseGrade.com") is subject to the limitations and conditions set out in this Agreement. Any data on FranchiseGrade.com is for your informational purposes only.
Seek out additional sources of due diligence information including:
- Speak with current franchisees about their experience
- Speak with former franchisees about their experience
- Consult with a franchise advisor
- Consult with a franchise lawyer
- Consult with your accountant
We independently grade and benchmark all 2,500 franchise systems in our database. After all systems are graded, we offer those A and A+ franchise systems who Made The Grade an opportunity to advertise on our website. In no way does advertising by a franchise system influence their grade.
There are limitations to the scope of the data presented on FranchiseGrade.com, namely:
Collection of the Data
All franchise companies, regardless of size, are graded by the same criteria. These criteria are put into our exclusive FranchiseGrade.com proprietary formula, generating a cumulative number. The grade of one franchise system is bell curved based on benchmarks against it’s competitors.
Accuracy of the Data
Although the data is processed from sources believed to be reliable, no warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any data. This disclaimer applies to both isolated and aggregate uses of the data.
The data is provided on an "as is" "where is" basis. All warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are disclaimed.
The data could include technical, typographical, or photographic errors. FranchiseGrade.com does not warrant that any of the materials in the Find The Best website are accurate, complete, or current. Changes may be periodically made to the data herein; these changes may or may not be incorporated in any new version of the website.
Data can also quickly become out-of-date. It is recommended that careful attention be paid to the contents of any data associated within the Find The Best website and perform your own due diligence to ensure accuracy.
The investment of a prospective franchisee may be substantial. There are no guarantees of any kind a franchise that receives a positive grade from us will be successful. Each prospective franchisee must make his or her own decision as to whether or not to enter into a franchise arrangement and each prospective franchisee is urged to obtain legal and financial advice in this regard. You as a prospective franchisee are urged by us to be aware of the foregoing and to seek out the information and to obtain independent legal and financial advice. You as the prospective franchisee should carry out any investigations as you believe are important or material prior to entering into any franchise arrangement and not rely on the data or grade. Any advice a prospective franchisee obtains should be from advisors competent in the franchise and financial area as any investment in a franchise whether this or any other is a major financial investment by a prospective franchisee. Businesses generally are subject to risks and uncertainties, including your skills and effort, business acumen, general economic conditions, governmental rules and regulations, lack of availability of qualified employees and ability to access funds.
FranchiseGrade.com’s Find the Best website is not intended to be a comprehensive review of any franchise system, and is based solely on the information provided by franchisors and surveys submitted by franchisees. The data is intended to provide general information only and is not specific to any location or business, and thus may not apply to your particular circumstances. A specific business plan will provide you with specific information.
The Find The Best website does not replace any independent due diligence responsibility by you. Seek existing and former Franchisees to ask questions and visit Franchisee locations. Solicit advice from a franchise attorney, franchise professional and CPA when researching any franchise system or reviewing any legal documents. Read all documents carefully including any Disclosure Documents and Franchise Agreements.
Unless otherwise indicated, no franchise system has verified the accuracy of the Data contained within the Report. For accurate up-to-date information, you are strongly recommended to contact each franchise system independently.
Limitation of Liability
if you decide to access or use any report, data, materials, or goods or services from FranchiseGrade.com, you do so entirely at your own risk.
Subject to applicable law, in no event shall FranchiseGrade.com, its officers, directors, employees, and agents, be liable for any special, indirect, incidental punitive or consequential damages of any kind, including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence) or otherwise. The foregoing limitation shall apply even if FranchiseGrade.com knew of or ought to have known of the possibility of such damages.
FranchiseGrade.com expressly disclaims any and all liability for the acts, omissions or conduct of any third-party user of the report, legal or illegal, including third-party use of the report for their marketing or soliciting purposes. Under no circumstances shall FranchiseGrade.com its officers, directors, employees, and agents, be liable for any special, indirect, incidental punitive or consequential damages of any kind, including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence) in any manner whatsoever from the acts, omissions or conduct of any third-party user and any use or inability to use the report, data, materials, goods or services. The foregoing limitation shall apply even if FranchiseGrade.com knew of or ought to have known of the possibility of such damages.
You hereby release FranchiseGrade.com and its officers, directors, employees, and agents from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of data, or products or services made available by FranchiseGrade.com.
If, notwithstanding the other provisions of The Disclaimer, FranchiseGrade.com is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the data, FranchiseGrade.com’s liability shall in no event exceed the total of any subscription, purchase or similar fees with respect to any product or service paid by you in the three months prior to the date of the initial claim made against FranchiseGrade.com. Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions which may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.
All research and collection of Data for the Report is controlled by FranchiseGrade.com from its offices within the Province of Ontario, Canada. By accessing or using the Report, you agree that all matters relating to your access to, or use of, the Report and Data shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters.
In the event of any controversy or dispute between FranchiseGrade.com and you arising out of or in connection with your use of the Report, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party must submit such controversy or dispute to mediation to a mutually agreeable mediator, whose cost shall be shared equally. Only if the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
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