TERMS OF USE
This website is owned and operated by Amada Franchise, Inc. (“Amada Franchise” or “we” or “us” or “our”). Feel free to browse this website; however, your access to and use of this website is subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these Terms and Conditions. If you do not agree with any of these Terms and Conditions, you should not use this website.
PRIVACY POLICY STATEMENT
Protecting your privacy is very important to us. Please read our Privacy Policy before proceeding to use this website. Our Privacy Policy describes the types of information we gather about you and the types of uses we make of such information as well as the security measures we maintain in order to protect customer information.
COPYRIGHTED MATERIALS
This website and any e-mail messages you receive from us contain copyrighted materials (“Materials”). The Materials may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without our prior written consent; provided, however, you may download one copy of the Materials on one computer for your personal, non-commercial home use only, so long as you do not delete or change any copyright, trademark, or other proprietary notices. You acknowledge and agree that you do not acquire any ownership rights by downloading the Materials. Modification or use of the Materials for any other purpose violates our intellectual property rights. The Materials are provided for lawful purposes only.
SOFTWARE
If you download software from this website, the software, including all files, images, contained in or generated by the software, and accompanying data (collectively, the “Software”) are deemed to be licensed to you by us. Neither title nor intellectual property rights are transferred to you, but remain with Amada Franchise, which owns full and complete title in such Software. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.
TRADEMARKS, TRADE NAMES, AND SERVICE MARKS
Unless otherwise indicated, all logos, names, package designs, and marks on this website are trademarks or service marks owned or used under license by Amada Franchise. The use or misuse of any of these marks or other information is strictly prohibited.
SUBMISSIONS
All remarks, suggestions, ideas, graphics, or other information communicated to us through this website (collectively, the “Submission”) will forever be the property of Amada Franchise. We will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Amada Franchise operations. Without limitation, Amada Franchise will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Amada Franchise will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this website is provided voluntarily by a visitor to this website and is subject to our Privacy Policy. Information submitted via a number of areas in this website is not retained. Therefore, the above right to use Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge and agree that you are responsible for whatever material you submit, and you, not Amada Franchise, shall have full responsibility for such message, including its legality, reliability, appropriateness, originality, and copyright.
UNITED STATES ONLY
All materials on this website are provided solely for the purpose of promoting Amada Franchise’s operations, products, and services in the United States and its territories and possessions. Amada Franchise controls and operates this website from its headquarters in San Clemente, California, United States of America, and makes no representation that these materials are appropriate or available for use in other locations. If, despite these conditions, you use this website from outside the United States, you are solely responsible for compliance with any applicable local laws. Some Software from this website may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of ) any country to which the United States has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the U.S. Treasury Department’s Specially Designated Nationals list, or (c) the U.S. Commerce Department’s Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.
USER RESPONSIBILITY
We assume users of this website will act responsibly and use the tools provided by us in a law-abiding manner. If Amada Franchise determines that any user of this website is not using the information provided by Amada Franchise responsibly, we can censor, edit or block such user’s transmissions or use of the website. Possible evidence of use of this website for illegal purposes will be provided to law enforcement authorities.
LIMITATION OF WARRANTY
The Materials in this website could include technical inaccuracies or typographical errors. Amada Franchise may make changes or improvements to any of the materials in this website at any time. THE MATERIALS IN THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. AMADA FRANCHISE DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMADA FRANCHISE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AMADA FRANCHISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT AMADA FRANCHISE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
This website contains downloadable materials as well as links to external sites. Amada Franchise is not responsible for, and has no control over, the content of such downloadable materials or external websites. You understand that Amada Franchise cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this website, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.
LIMITATION OF LIABILITY
Amada Franchise and its officers, directors, employees, agents, licensors, and suppliers, are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your access to, or use of, this website, our website-related services and/or content, or information contained within the website.
INDEMNITY
You agree to defend, indemnify, and hold Amada Franchise, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your acts, omissions, or representations in any way related to these Terms and Conditions or your access to, and use of, this website.
GOVERNING LAW; JURISDICTION; VENUE
These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. Any action brought in connection with this Agreement shall be filed within one year of the date of the alleged injury, regardless of any of statute of limitations, in a court located in Orange County, California.
SEVERABILITY
If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
DOWNTIME
Amada Franchise strives to keep its website available on a continuous basis to its users. However, as with all computer software systems, from time to time, this website may become unavailable due to periodic updates or due to circumstances beyond our control. If this website becomes unavailable due to causes beyond our control, some (or all) of your data could be lost. Please understand that Amada Franchise cannot be held responsible or liable for data that is irretrievable, damaged, or altered. Amada Franchise is constantly trying to improve this website and technologies. We value your comments and feedback, as your input plays an integral role in this website’s development.
TERMINATION
Amada Franchise or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Amada Franchise websites, and (b) all related documentation and all copies and installations.
GENERAL
These Terms and Conditions constitute the entire agreement between the parties relating to the use of this website. We can revise these Terms and Conditions at any time without notice to you by updating this posting.
CONTACTING THE WEBSITE
If you have any questions about these Terms and Conditions, this Website, or Amada Franchise, feel free to contact us at franchising@amadafranchiseinc.com.
This website is not an offer to sell a franchise to, and is not directed to, any resident of a state requiring the filing or registration of franchises unless we are registered to sell franchises in that state and have received approval of this website as franchise advertising, if required in that state. The states requiring registration or filing of franchises include: California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington and Wisconsin. No franchises will be offered or sold by us in any of these states until the franchise offering has been registered and declared effective in that state and the Franchise Disclosure Document required by that state has been delivered to you before the sale and in compliance with applicable state and federal laws regulating the offer and sale of franchises.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Users can expect to receive messages regarding reminders and touch points of the various aspects and progression of their franchise onboarding, including location information, contract progression, and more.
Users can opt-out or request help by sending an email to (franchisevelopment@amadaseniorcare.com) with the subject line: “Opt-out” or “Help” with the body of the message describing the issue. Users can also opt-out by Replying with “Opt-Out” to the SMS message received.
Carriers are not liable for delayed or undelivered messages. Message frequency varies. Message and data rates may apply.
Data Collection and Usage
Amada collects personally identifiable information, such as your full name, address, telephone number(s) email address(es), demographic information, and any other information you may voluntarily provide. This information is used for the following purposes: (1) to communicate with you via SMS messages, phone calls, and/or emails; (2) to send notices of updates on your franchise application progress; (3) to respond to specific requests from users; and (4) to send notices of updates regarding Amada to those who have chosen to opt-in to receive such communications.
Amada will not sell, rent, loan, transfer, or otherwise disclose any Personal Information to third parties except under the following circumstances: (i) in connection with a court order, subpoena, government investigation, or when otherwise required by law; or (ii) in the event of a corporate sale, merger, acquisition, or similar event. No information will be shared with third parties for marketing/promotional purposes.
You have the right to opt-out of receiving communications from us at any time. To unsubscribe from email communications, users can click on the unsubscribe link provided in the emails. To opt-out of SMS communications, users can just reply “STOP” to any of our SMS messages.