Terms of Service

Terms and Conditions of The Smoothie Factory, Inc.
 
Welcome to our website. This website with URL address www.smoothiefactoryfranchise.com is owned and operated by The Smoothie Factory, Inc. Should you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern The Smoothie Factory, Inc.’s relationship with you in connection with this website. Should you not agree with any of these terms and conditions, do not use our website.
 
The term ‘The Smoothie Factory, Inc.’, or ‘Smoothie Factory International’, or ‘Smoothie Factory’, or ‘us’ or ‘our’ or ‘we’ refers to The Smoothie Factory, Inc., the owner of the website, whose registered office is in Texas, United States of America. The term ‘you’ or ‘your’ refers to the website user.
 
If you purchase products through our Website, there will be additional terms and conditions relating to the purchase.
 
Your use of this website is subject to the following terms and conditions:

• The content of this website is for your general information and use only. It is subject to change without prior notice.
• This website uses cookies to monitor browsing preferences. If you allow cookies to be used, the following personal information may be stored by us for use by third parties: name, address, contact number, email.
• Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• You agree that you will use this website in accordance with all applicable local, state, federal and international laws, rules and regulations.
• You agree that you will not use, nor will you allow or authorize any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.
• If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.
• We reserve the right to refuse or terminate service to anyone at any time without notice or reason.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.
• All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
• Unauthorized use of this website may be a criminal offence and/or give rise to a claim for damages.
• This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites. We accept no liability for loss or damage arising out of or in connection to your use of these sites. You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.
• Your use of this website and any dispute arising out of your use of it is subject to the laws of Texas, United States of America.
• You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.
• These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.
• These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.
• We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a License Agreement. If you wish to use content, images or other of our intellectual property, you should submit your request to us by email at info@smoothiefactory.net.
• You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website of every kind and nature incurred by you or any third parties through you.
• In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.
• The trademarks and logos contained on this Website are trademarks of The Smoothie Factory, Inc. Use of these trademarks is strictly prohibited except with Our express, written consent.
• We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.
• Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.
• All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.
• Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
• These terms and conditions are governed by and construed in accordance with the laws of Texas, United States of America. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Texas, United States of America.

We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.