ManagementDirect Website Terms, Conditions and Notices
Last Updated on January 4th, 2011.
Welcome to the ManagementDirect.com website (the "Website"). This Website is provided solely to assist customers in gathering information concerning business consultant services, posting customers’ opinions and reviews of consultants and issues to business consulting, engaging in interactive forums and for no other purposes. The terms "we", "us", "our" and "ManagementDirect" refer to Franchise Direct USA, Inc., a Georgia corporation, d/b/a ManagementDirect and/or our subsidiaries. The term "you" refers to the customer visiting the Website and/or contributing content on this Website.
This Website is offered to you conditioned upon your acceptance without modification of any and all of the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by this Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a ManagementDirect.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, and (iii) you are 18 years of age or older in order to register for an account and contribute to our website. ManagementDirect does not knowingly collect the information of anyone under the age of 18. We comply with the Children's Online Privacy Protection Act (COPPA). When we use the term "parent" below, we mean to include legal guardians. We encourage parents to spend time online with their children to become familiar with the types of content available on the internet, including the ManagementDirect.com Web Pages. Parents should regularly oversee their children's use of e-mail and other online communications and transactional features. Control tools are available from online services and software manufacturers that can help provide a safe online environment for kids.
Parents may request a review and/or removal of their child's Personal Information at any time by contacting us at privacy@ManagementDirect.com and providing us with the same screen name, password, and e-mail address that their child submitted. To protect the child's privacy and security, we will take reasonable steps to verify the parent's identity before granting him or her access to the child's Personal Information.
We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
PROHIBITED ACTIVITIES
The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photographs, graphics, videos, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, perform publicly by means of digital audio transmission, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you warrant and represent that you will not:
- (i) use this Website or its contents for any commercial purpose;
- (ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- (iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- (v) deep-link to any portion of this Website for any purpose without our express written permission;
- (vi) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization; or
- (vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by ManagementDirect in connection with the Website or the services.
You may not use the ManagementDirect.com Web Pages in any way that harms ManagementDirect.com, its affiliates, resellers, distributors, advertisers, service providers and/or suppliers (each, a "ManagementDirect.com Party" and collectively, the "ManagementDirect.com Parties") or any customer of a ManagementDirect.com Party, as determined in ManagementDirect.com's sole discretion. Without limiting the generality of this Section, you will not use the ManagementDirect.com Web Pages in any manner that could damage, disable, overburden, or impair any ManagementDirect.com Web Page (or the network(s) connected to any Internet Web Page) or interfere with any other party's use and enjoyment of the Service.
You represent and warrant that your usage of the Services will only be for lawful purposes and will be done in accordance with these Terms of Service, any applicable Service-Specific Rules, and all applicable laws generally. You also represent and warrant that you will not use any of the ManagementDirect.com Web Pages or Services to violate any law, regulation or ordinance or any right of ManagementDirect.com or any third party, including, without limitation, any right of privacy, publicity, copyright, patent or trademark or other intellectual property right. You further represent and warrant that you have the adequate legal capacity to abide by these Terms of Service and any applicable Service-Specific Rules.
PRIVACY POLICY
ManagementDirect believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of ManagementDirect.com, to understand our practices.
REVIEWS, COMMENTS AND USE OF INTERACTIVE AREAS
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant ManagementDirect and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that ManagementDirect may choose to provide attribution of your comments or reviews at our discretion. You further grant ManagementDirect the right to pursue at law any person or entity that violates your or ManagementDirect’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. ManagementDirect shall have no obligation of any kind with respect to such comments, suggestions or materials and shall be free to use and distribute them to others without limitation, including, but not limited to developing and marketing services and products incorporating them.
The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of consultant experiences or other content, messages, materials or other items on the Site ("Interactive Areas"). If ManagementDirect provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content for which the posting could cause the breach of any contractual agreement, written or verbal;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including ManagementDirect;
- Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content or links to content that, in the sole judgment of ManagementDirect, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) which may expose ManagementDirect or its affiliates or its users to any harm or liability of any type.
ManagementDirect takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is ManagementDirect liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may post or encounter. As a provider of interactive services, ManagementDirect is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although ManagementDirect has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, ManagementDirect reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
When you create a ManagementDirect.com Account, you agree to take full responsibility for maintaining the confidentiality of your ManagementDirect.com Account user name and password, and for all activity that is generated by your ManagementDirect.com Account. Accordingly, you understand and agree that you will be liable for any activity performed by any people using your ManagementDirect.com Account. You agree to immediately notify ManagementDirect.com of any unauthorized use of your ManagementDirect.com Account or any other breach of security.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by ManagementDirect or its owners, licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release ManagementDirect, and its licensees, successors and assigns, from any claims that you could otherwise assert against ManagementDirect by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination, restriction or suspension of your rights to use the Interactive Areas and/or the Site with or without notice. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect ManagementDirect's systems and customers, or to ensure the integrity and operation of ManagementDirect's business and systems, ManagementDirect may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. ManagementDirect's right to disclose any such information shall take precedence over any terms of ManagementDirect's Privacy Policy. ManagementDirect.com may investigate violations of these Terms of Service and may involve and cooperate with law enforcement authorities in prosecuting users of the Services or ManagementDirect.com Web Pages who are involved in such violations.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. MANAGEMENTDIRECT, ITS OWNERS, OFFICERS, SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE "MANAGEMENTDIRECT COMPANIES") DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF SERVICES DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE CONSULTANTS LISTED HEREIN). THE MANAGEMENTDIRECT COMPANIES MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, THE MANAGEMENTDIRECT COMPANIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES LISTED ON THE SERVICE.
THE MANAGEMENTDIRECT COMPANIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, INDIVIDUALS AND SERVICES LISTED AND/ OR CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE MANAGEMENTDIRECT COMPANIES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE MANAGEMENTDIRECT COMPANIES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE MANAGEMENTDIRECT COMPANIES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MANAGEMENTDIRECT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
BY LISTING INFORMATION RELEVANT TO CONSULTANTS AND PARTICULAR BUSINESSES, MANAGEMENTDIRECT DOES NOT REPRESENT OR WARRANT THAT HIRING SUCH INDIVIDUALS OR ENGAGING IN SUCH BUSINESS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM YOUR HIRING SUCH INDIVIDUALS OR USING SUCH INFORMATION.
IN NO EVENT SHALL MANAGEMENTDIRECT COMPANIES (ITS OFFICERS, DIRECTORS OR AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF MANAGEMENTDIRECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE MANAGEMENTDIRECT COMPANIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE MANAGEMENTDIRECT COMPANIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
ManagementDirect.com does not endorse the opinions of third parties, including users, expressed on this site or on linked Web Sites.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of ManagementDirect Companies.
Unless you have the express consent of the proper owner of any materials that are copyrighted, trademarked or otherwise subject to a proprietary right, you are not permitted to upload, post, or otherwise make such materials available on or though the Services. You are solely responsible for complying with all laws applicable to any User-Generated Content you submit to the Service, including any Reviews, and for determining whether any materials you wish to upload, post or otherwise make available on or through the Services are subject to copyright, trademark or some other proprietary right. Additionally, you are solely liable for any damages that may arise as a result of any infringement of copyright, trademark or other proprietary right, or any other damages that result from materials that you upload, post or otherwise make available on or through the Services, including without limitation any Reviews. You are solely responsible for any User-Generated Content submitted to the Service from your ManagementDirect.com Account. ManagementDirect.com reserves the right in its sole and absolute discretion to promulgate such additional rules and policies which it deems necessary or appropriate to govern the posting or submission of materials on or through the Services.
By use of any of the Services, you acknowledge that you are aware (1) that data and information on the Services may be subject to forgery, eavesdropping, tampering, sniffing, spamming, spoofing, password cracking, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including viruses, worms and Trojan horses causing unauthorized, damaging and/or harmful access to, or retrieval of, information and data on your computer; (2) of security and privacy limitations in the Services including without limitation the limitation of security, privacy and authentication measures and features; (3) that the security and privacy features available on the Services, are provided to you as a convenience only and may not operate according to their description or may not operate at all; and (4) that information, data or messages may not reach their destination or may reach an erroneous address or recipient. You acknowledge that, as with most Internet applications (i.e. e-mail), there are certain risks associated with accepting or downloading files from or through ManagementDirect.com. Such risks include, but are not limited to, (1) damage to your computer, (2) damage to any data or files stored on your computer, (3) ManagementDirect.com users viewing your IP address, and (4) files you share with other ManagementDirect.com users being redistributed and used without your knowledge.
INDEMNIFICATION
You agree to defend and indemnify ManagementDirect and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- (i) your breach of this Agreement or the documents referenced herein;
- (ii) your violation of any law or the rights of a third party; or
- (iii) your use of this Website.
RESEARCH REPORTS
Research reports may be provided on this site concerning certain business consultants. The information in this report is provided as a service to the Internet community. Any and all implied warranties of merchantability or fitness for a particular purpose are hereby disclaimed. ManagementDirect will not be responsible for any action or failure to act in reliance upon information contained in this report or any referenced consultants or company.
The report may mention certain business consultants and/ or companies and may contain certain numerical rankings of such. This report is not intended to state or imply that we sponsor or are affiliated or associated with such consultants or companies, nor do we endorse any of the consultants or companies in any way, specifically based on how they may rank in the order in which they are listed. Neither are the company names or website links intended to state or imply that we are legally authorized to use any trade name, trademark, logo or other copyrighted information that may be reflected in the links or the linked sites, or any persons or entities who created such sites. All other products, service names and company names mentioned in the report may be trademarks of their respective companies. This web site is protected by the copyright laws of the United States. ManagementDirect reserves all rights with respect to this report, and it may not be distributed, modified or reproduced in whole or part without the prior written permission of ManagementDirect.
ManagementDirect is not responsible for any action or failure to act in reliance upon the information provided in this report. As legal, financial and investment advice must be tailored to the specific circumstances of each case, and as laws are constantly changing (and may vary from state to state), nothing provided herein should be used as a substitute for the advice of competent legal, investment and accounting counsel licensed in your state. The information provided is made available with the understanding that neither ManagementDirect nor any of its representatives are engaging in the rendering of legal advice or the practice of law. If you are considering hiring a company or consultant, please consult a professional who is an experienced expert in this area. In no event shall ManagementDirect be liable for any damages whatsoever (including, without limitation, direct, indirect, special, incidental, consequential, punitive or similar damages) arising from any use of this information, whether in contract or in tort, or under any other legal theory (including strict liability) or for any claim made against ManagementDirect by any person using this information.
Nothing in this report shall be construed as making either Party the agent of the other Party, as granting to the other Party the right to enter into any contract on behalf of the other Party, or as establishing a partnership or joint venture between the Parties. Under no circumstances shall the employees of one Party be deemed to be employees of the other for any purpose. Please note that contact with ManagementDirect staff (whether by phone, fax, email or letter), or use of ManagementDirect information is not intended to create, and will not create, an agency, attorney-client, employer-employee, or advisor-client relationship.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than ManagementDirect. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on ManagementDirect to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
SOFTWARE AVAILABLE ON THIS WEBSITE
Unless otherwise specified, the materials on the websites are presented solely to provide information regarding and to promote ManagementDirect’s services, websites, partners and other products available in the United States, its territories, possessions and protectorates. The ManagementDirect websites are controlled and operated by ManagementDirect from its offices in the State of Georgia . ManagementDirect makes no representation that materials on the ManagementDirect websites are appropriate or available for use outside of the United States. Those who choose to access the ManagementDirect website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the ManagementDirect websites is further subject to the United States export controls. No software from the ManagementDirect websites may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any country to which the United States has embargoed goods, or (b) to anyone on the United States’ Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the ManagementDirect websites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Any software that is made available to download from the ManagementDirect websites ("Software") is the copyrighted work of ManagementDirect, or ManagementDirect Affiliates, or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Website, is owned by ManagementDirect, and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are: ©2011 Franchise Direct USA, Inc., a Georgia corporation, d/b/a ManagementDirect. All rights reserved. ManagementDirect is not responsible for content on websites operated by parties other than ManagementDirect. ManagementDirect, our logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of ManagementDirect and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ManagementDirect or the applicable trademark holder. In addition, the look and "feel" of the Site, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of ManagementDirect and may not be copied, imitated or used, in whole or in part, without the prior written permission of ManagementDirect. All other trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by ManagementDirect. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
Some images appearing on ManagementDirect.com are submitted by our users who are prohibited from uploading images unless they are the lawful copyright owner. Other images may be obtained from third party sources licensed by us, or used when doing so constitutes fair use under Section 107 of the U.S. Copyright Act, 17 U.S.C. § 107. As such, ManagementDirect.com’s use of images is generally protected under the safe-harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c).
If you are aware of an infringement of either your or our intellectual property rights, including but not limited to trademarks, copyrights or brands, please let us know by e-mailing us at copr@ManagementDirect.com. We only address messages concerning infringement at this email address. If you are a copyright owner and you believe the use of your images on this site is infringing in any way, please contact us immediately. We will promptly comply with any takedown demand as long as the demand meets the requirements of the DMCA.
At a minimum, any removal request is required to include at least the following things:
(1) Your name, address, telephone number, and e-mail address;
(2) A description of the copyrighted work that you claim has been infringed;
(3) The exact URL or web address where the alleged infringing material is located (NOTE: a description such as "the 3rd image on page 4" is NOT sufficient because we add new content all the time and images may shift location. Also, a description such as "that picture of me" is unacceptable because we do not know who you are. You must therefore provide the exact URL of the image at issue. You can get the URL by clicking on the title of the post and then looking at the address bar on the top of that page. Failure to do so may result in your request being delayed or rejected).
(4) A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(5) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(6) A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please email your DMCA removal request to: copr@ManagementDirect.com. Please be patient, your requests may take up to 72 hours to process. If a notice which substantially complies with these requirements is received we will expeditiously remove or disable access to the allegedly infringing material.
NOTE: If you submit a removal request and you are NOT the copyright owner, or if you make any false statement in your demand (including a statement that our use of images is infringing when the use is clearly fair), you should be aware that the law imposes substantial liability for any damages and any attorney’s fees incurred as a result; 17 U.S.C. §512(f).
PROVISIONS APPLICABLE TO ADVERTISERS ONLY
Any advertiser who wishes to place advertising on our Service will be asked to provide certain information such as the advertiser's business name, phone number, physical address, e-mail address, service area, website URL, description of the advertiser's business, a contact name, advertising category and/or keyword, and credit card information. Some of this information is personally identifiable. This information will be used by ManagementDirect.com to create an account for the advertiser, improve the Service, communicate changes to the Service, conduct research, provide anonymous reporting for internal purposes and for reporting to third-parties, and market ManagementDirect.com products and services to advertisers. Some of the information will also be displayed within the advertiser's ad copy on the Service. We will not disclose any Personal Information to third parties without your prior consent. Advertisers may edit their account information through the ManagementDirect.com web site.
GENERAL
This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of Georgia, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Georgia, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against ManagementDirect arising from or relating to the Site must be heard and resolved in a court of competent subject matter jurisdiction located in the state of Georgia. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and the ManagementDirect Companies and/or their Affiliates as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and ManagementDirect with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and ManagementDirect with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Agreement.
YOU AND MANAGEMENTDIRECT.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
SERVICE HELP
For answers to your questions or ways to contact us, visit our Help Center. Or, you can write to us at:
Franchise Direct USA, Inc., d/b/a ManagementDirect
3355 Lenox Road, Suite 750
Atlanta, Georgia, USA
