Effective Date: August 20, 2009
You may wish to register on our Website so you will be able to receive email newsletters and other information from House of Speed, or use certain features of our Website. If you register on our Website, you agree to provide accurate, current and complete personal data about yourself as required by our registration form, and you agree to update such data to keep it accurate, current and complete.
The use of certain areas of our Website is only available to individuals who have obtained a user name and password from House of Speed by means other than registration on our Website. For example, individuals who have attended one of our camps or training sessions may be provided an account to enable them to access the “My Speed” section of our Website. In addition, our franchise owners can receive their own user name and password directly from House of Speed, which will enable them to access certain sections of our Website only available to franchisees.
Our Website Store
If you are interested in the possibility of purchasing a House of Speed franchise location, please complete the Pre-Qualification Form available on our Website in its entirety, and submit it to us either by clicking the “Submit by Email” button at the end of the form, or print the form and mail it to us (our address is below). Your submission of the Pre-Qualification Form does not obligate House of Speed to contact you or reply to your submitted form in any manner, and does not create any relationship between you and House of Speed. We will contact you if we are interested in pursuing discussions with you regarding a franchise opportunity.
Ownership of Content
The House of Speed logo, all product names, all page headers, all custom graphics, all trademarks, service marks and logos appearing on this Website, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of House of Speed or their respective owners (the “Marks”). You are not authorized to display or use the Marks in any manner without the prior written permission of the owner. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
We welcome your comments, feedback, suggestions, and other communications regarding House of Speed, this Website, our programs, and other aspects of our business (collectively, “Feedback”). Note, however, that any Feedback you provide to us through this Website shall be and remain the exclusive property of House of Speed. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
Submission of Personal Information
House of Speed reserves the right to immediately terminate your use of, or access to, this Website at any time for any reason in its sole discretion. House of Speed further reserves the right to modify or discontinue this Website or any portion thereof at any time without notice.
If you believe that any material contained in this Website infringes your copyright, you should notify House of Speed of your copyright infringement claim in accordance with the following procedure. House of Speed will process notices of alleged infringement which it receives and will take appropriate action pursuant to the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Website’s Designated Agent:
Mail: 301 Snow Street, Sugar Grove, IL 60554
Attn: Copyright Agent
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512©(3)): 1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work(s) claimed to have been infringed; 3. Identification of the material that is claimed to be infringing and the location of such material on our Website; 4. Information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR FRANCHISEES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AND ANY RELATED ENTITIES TO HOUSE OF SPEED SHALL HAVE THE BENEFIT OF THIS CLAUSE.
Limitation of Liability
You agree to defend, indemnify and hold harmless House of Speed, its franchisees and its related entities, together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of or related to your use of this Website or your breach or alleged breach of this Agreement.
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement, will be substituted with a valid and enforceable provision reflecting the intent of the invalid provision, and does not affect the validity and enforceability of any remaining provisions. This Agreement is governed by, and construed in accordance with, the laws of the State of Illinois without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of Illinois for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use of the Website, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
This Agreement may be assigned by House of Speed in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach of this agreement does not waive our right to act with respect to subsequent or similar breaches. This Agreement, together with any Additional Terms, sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Contacting House of Speed
Please feel free to contact us with any questions or comments regarding this Website:
Mail: 301 Snow Street, Sugar Grove, IL 60554