FSC Terms of Use
Please read these Terms of Use ("Terms")
carefully before using any FSC websites (FSC.com, BeefOBradys.com, or
BrassTapBeerBar.com), mobile/tablet applications, loyalty programs, stored
value cards and other online programs, or the materials, software and content
available in or through them (altogether, "FSC Online Services").
By
downloading or using any of the FSC Online Services, you affirm you are able
and legally competent to accept and agree to these terms and our FSC PRIVACY POLICY. If you do not agree to
any of these terms, then please do not access or use any of the FSC Online
Services.
These
Terms constitute an agreement between you and FSC Franchise Co, LLC. and its
affiliates and franchisees (collectively, "FSC" or "we" or
"us").
Notice
Regarding Dispute Resolution: These Terms of Service contain provisions that
govern how claims you and FSC have against each other are resolved (see the Dispute Resolution Section below),
including an obligation to arbitrate disputes, which will, subject to limited
exceptions, require you to submit claims you have against us to binding
arbitration, unless you opt-out in accordance with the Arbitration Agreement Section below.
ADDITIONAL TERMS
Certain
services offered by through the FSC Online Services, such as mobile apps,
loyalty programs, sweepstakes and other similar offers, will be subject to
additional terms. Those terms will be presented in conjunction with the
particular program or offer and will be binding on those who participate in
those programs or offers. These Terms will apply equally. Without limitation,
the additional terms include the following:
- Reward
Program Beef’s
- Reward
Program Brass Tap
- Digital
Stored Value Program
- iPhone
App End User Agreement – Beef’s
- iPhone
App End User Agreement – Brass Tap
- Android
App End User Agreement – Beef’s
- Android
App End User Agreement – Brass Tap
- FSC Privacy
Policy
links to specific topics
MINORS
The
FSC Online Services are not intended for use by anyone under age 13. YOU MUST
BE AT LEAST AGE 13 TO ACCESS AND USE THE FSC ONLINE SERVICES. By accessing,
using and/or submitting information to or through the FSC Online Services, you
represent you are at least age 13. Anyone between age thirteen (13) and
eighteen (18) may only use the FSC Online Services under the supervision of
his/her parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU
PROVIDE YOUR CONSENT TO YOUR TEENAGER'S ACCESS TO AND USE OF THE FSC ONLINE
SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS
USERS AND ACCOUNTS
To
use certain FSC Online Services, such as the Rewards or Digital Stored Value
Program, you may need to create an account. If you create an account, you
agree you will: (a) create only one account; (b) provide honest, accurate,
current and complete information regarding yourself; (c) keep your information
updated and accurate; (d) keep your account password private and not share it
with others; and (d) notify FSC if you discover or suspect that your account
has been hacked or its security breached.
You
agree to take responsibility for all activities on or under any account
registered to you and you accept all risks for any unauthorized use of your
account. You are responsible for providing the equipment and services you need
to access and use the FSC Online Services. We do not guarantee the FSC Online
Services are accessible on any particular equipment or device or with any
particular software or service plan.
We
reserve the right, without notice and in our sole discretion at any time, to
terminate your right to access and use the FSC Online Services or any component
of them and to block or prevent future access to and use of the FSC Online
Services and to delete your account and any related information. Any
obligation or liability incurred prior to our termination of your access to the
FSC Online Services will survive such termination.
LIMITED USE
The
FSC Online Services are owned by FSC and licensed to you for your personal,
non-commercial use only. Except as expressly provided in these Terms, you may
not copy, distribute, publish, transmit, modify, transmit, publicly display or
perform, create derivative works of or otherwise exploit any part of the FSC
Online Services. You may not save or archive a significant portion of the
material appearing in or on the FSC Online Services. All rights not expressly
granted herein are reserved by FSC.
PRIVACY
Our FSC Privacy Policy describes the data
we gather about or from users of the FSC Online Services and how we process,
use and share that data. Be sure to read it to understand these matters.
RESPONSIBLE USE OF THE FSC ONLINE SERVICES
You
may use the FSC Online Services for lawful purposes and in accordance with
these Terms. No other use is permitted. Without limiting the foregoing, you
may not use the FSC Online Services: (a) for any purpose that is unlawful or
prohibited by these Terms; (b) to cause harm or damage to any person or entity;
(c) to interfere with the proper operation of the FSC Online Services; or (d)
to upload, post or transmit any material that violates any law, infringes on
the rights of any third party or contains defamatory, libelous, abusive,
obscene or otherwise objectionable material (as determined by FSC in its sole
discretion). YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FSC AND ITS
PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS,
LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR
THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS RESULT) FROM
YOUR USE OF ANY FSC ONLINE SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED
TO VIOLATE APPLICABLE LAW OR THESE TERMS.
PROVISION OR SUSPENSION/WITHDRAWAL OF THE FSC ONLINE
SERVICES
You
understand and agree that: (a) the FSC Online Services may change from time to
time without notice to you. Any new feature that augments, enhances or
modifies the current FSC Online Services is subject to these Terms; (b) we may
decline to provide access to the FSC Online Services or stop (permanently or
temporarily) providing the FSC Online Services (or any feature, program or
content within the FSC Online Services) to you or other users at our sole
discretion, without notice or liability to you; and (c) if we disable access to
your account, you may be prevented from accessing the FSC Online Services, your
account details, or any files or other content which are contained in your
account.
SOCIAL MEDIA ACCESS
If
you choose the option to access or log-in to the FSC Online Services through a
third party social media service you belong to, such as Facebook, Twitter,
YouTube, and/or Instagram, you grant us permission to access and use the
information you post or store on the applicable social media service, in
accordance with the privacy policy of service and the privacy settings that are
applicable to your account. For more information on how we use the information
we collect about you from these social media services, please review our FSC Privacy Policy. For more details on how
you can manage the information provided to us by these social media services,
please review the privacy settings applicable to your account with the
applicable social media service.
MOBILE ACCESS
If
you use a mobile device to access the FSC Online Services, the following
additional terms and conditions ("Mobile Terms") you acknowledge and
agree that: (a) you are solely responsible for all message and data charges
that apply to use of your mobile device to access the FSC Online Services; and
(b) all such charges are billed by and payable to your mobile service
provider. Please contact your participating mobile service provider for
pricing plans, participation status and details. You further understand that
service may not be available in all areas at all times and may be affected by
product, software, coverage or service changes made by your mobile service
provider or otherwise. Additional terms and conditions may apply to your use of
our mobile applications based on the type of mobile device that you use. By
accessing or using any FSC Online Services via a mobile device, you agree to
these Terms and to any applicable terms of a mobile app you may use.
UNITED STATES ONLY
The
FSC Online Services are intended for use only in the 50 United States, plus
D.C. You are responsible for compliance with any local laws if you access or
use the FSC Online Services anywhere else. All prices displayed on the FSC
Online Services are quoted in U.S. Dollars and are valid and effective only in
the United States.
INDEMNITY, DISCLAIMERS AND LIMITS ON LIABILITY
INDEMNITY
You
agree to indemnify, defend, and hold harmless FSC Franchise Co, LLC, its
affiliated companies and franchisees (collectively "FSC"), and their
respective affiliates, officers, directors, shareholders, employees, contractors,
licensors, licensees, agents, and representatives (the "Covered
Entities") against all liability, claims, costs, damages, settlements, and
expenses (including interest, penalties, attorney fees and expert witness fees)
("Liabilities") incurred by any Covered Entity in any way arising out
of or relating to your breach of these Terms. FSC reserves the right, at your
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, and if FSC assumes defense and control, you
agree to cooperate with our defense of an applicable claim. You agree not to
settle any matter related to the FSC Online Services, including indemnified
claims, without our prior written consent. We will use reasonable efforts to
inform you of any indemnified matter.
DISCLAIMERS
To
the maximum extent permitted by law, THE COVERED ENTITIES MAKE NO WARRANTY OF
ANY KIND ABOUT the FSC Online Services, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR USE, AND NON-INFRINGEMENT. THE COVERED ENTITIES HAVE NOT MADE
ANY REPRESENTATION AS TO THE POTENTIAL BENEFITS YOU MAY REALIZE BY USING THE
FSC ONLINE SERVICES. THE FSC SERVICES ARE PROVIDED AS IS, WITH ALL FAULTS, AND
AS AVAILABLE. THE COVERED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING
THOSE MENTIONED ABOVE.
THE
COVERED ENTITIES ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY A THIRD PARTY
OR BY YOU OR ANYTHING ACCESSED VIA ANY LINKS TO THIRD PARTY WEBSITES, SERVICES,
OR SOFTWARE. THE COVERED ENTITIES UNDERTAKE NO OBLIGATION TO ENFORCE THEIR
POLICIES OR RIGHTS AGAINST ANY THIRD PARTY. YOU BEAR ALL RISKS ASSOCIATED WITH
USING THIRD PARTY LINKS, WEBSITES, ETC. The Covered Parties are not
responsible or liable for the conduct of any user of the FSC Online Services.
LIMITATIONS ON LIABILITY
THE
COVERED ENTITIES SHALL NOT BE LIABLE FOR (A) CONSEQUENTIAL, INCIDENTAL,
INDIRECT, SPECIAL, STATUTORY DAMAGES OR PENALTIES, OR PUNITIVE DAMAGES
(INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF
BUSINESS INFORMATION), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF
THESE TYPES OF DAMAGES, OR (B) LOSS OF OR DAMAGE TO REPUTATION arising in
connection with, out of, or as a result of (i) these Terms or the FSC Online
Services, and (ii) any acts or omissions of any of the covered entities in
connection with these terms or the FSC Services. The only remedy available to
you under these terms AND in connection with the FSC Online Services is
reimbursement of the access fees you have paid for the FSC Online Services.
LEGAL DISPUTES
In
the event you have a dispute with one or more other users, you hereby release
the covered entities from any and all claims, demands, damages (actual and
consequential), losses and liabilities of every kind or nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of
or in any way related to these disputes. If you are a California resident, you
waive California Civil Code Section 1542, which says: "A general release does
not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which, if known by him must
have materially affected his settlement with the debtor."
EXCEPTIONS TO DISCLAIMERS AND EXCLUSIONS OF DAMAGES
If
you live in a jurisdiction that does not allow disclaimer of warranties or
exclusion of damages, the foregoing disclaimers and exclusions may not apply to
you.
TIMING OF CLAIMS
You
must bring any claim you have against FSC relating to these terms or the FSC
Online Services within two years from the date of accrual of the applicable
claim.
ARBITRATION AGREEMENT
INITIAL DISPUTE RESOLUTION
We
are available by email at to address any concerns you may have regarding your
use of the FSC Online Services. Most concerns may be quickly resolved in this
manner. The parties shall use their best efforts to settle any dispute, claim,
question, or disagreement directly through consultation and good faith
negotiations which a precondition to shall be either party initiating a lawsuit
or arbitration.
TERMS OF SERVICE AND BINDING ARBITRATION AGREEMENT
If
the parties do not reach an agreed upon solution within a period of thirty (30)
days from the time informal dispute resolution is pursued pursuant to the
immediately preceding paragraph above, then either party may initiate binding
arbitration. All claims arising out of or relating to this Agreement (including
its formation, performance and breach), the parties' relationship with each
other and/or your use of the FSC Online Services shall be finally settled by
binding arbitration administered by the JAMS on a non-confidential basis in
accordance with the provisions of its then-effective rules, including any
streamlined procedures, but excluding any rules or procedures governing or
permitting class actions. The arbitrator, and not any federal, state or local
court or agency, shall have exclusive authority to resolve all disputes arising
out of or relating to the interpretation, applicability, enforceability or
formation of these Terms of Service, including, but not limited to any claim
that all or any part of these Terms of Service is void or voidable. The
arbitrator shall be empowered to grant whatever relief would be available in a
court under law or in equity. The arbitrator's award shall be binding on the
parties and may be entered as a judgment in any court of competent
jurisdiction. The procedures and rules of the Federal Arbitration Act shall
exclusively govern the interpretation and enforcement of this arbitration
provision and the parties hereby reject, waive and disclaim the application of
any state Arbitration Act.
The
JAMS Rules governing the arbitration may be accessed at
https://www.jamsadr.com/rules-streamlined-arbitration/, or by calling JAMS at
1.800.352.5267. To the extent the filing fee for the arbitration exceeds the
cost of filing a lawsuit, FSC will pay the additional cost. A request for
payment of fees should be submitted to JAMS along with your form for initiating
the arbitration, and FSC will make arrangements to pay all necessary fees
directly to JAMS. If the arbitrator finds the arbitration to be non-frivolous,
we will pay all of the actual filing and arbitrator fees for the arbitration,
provided your claim does not exceed $75,000. The arbitration rules also permit
you to recover attorney's fees in certain cases.
The
parties understand that, absent this mandatory provision, they would have the
right to sue in court and have a jury trial. They further understand that, in
some instances, the costs of arbitration could exceed the costs of litigation
and the right to discovery may be more limited in arbitration than in court.
CLASS ACTION WAIVER
The
parties further agree any arbitration shall be conducted in their individual
capacities only and not as a class action or other representative action, and
the parties expressly waive their right to file a class action or seek relief
on a class basis. If any court or arbitrator determines the class action
waiver set forth in this paragraph is void or unenforceable for any reason or
an arbitration can proceed on a class basis, then the arbitration provision set
forth above shall be deemed null and void in its entirety and the parties shall
be deemed to have not agreed to arbitrate disputes.
EXCEPTION - SMALL CLAIMS COURT CLAIMS
Notwithstanding
the parties' decision to resolve all disputes through arbitration, either party
may also seek relief in a small claims court for disputes or claims within the
scope of that court's jurisdiction.
30 DAY RIGHT TO OPT OUT
You
have the right to opt-out and not be bound by the arbitration and class action
waiver provisions set forth above by sending written notice of your decision to
opt-out to the following address: FSC Arbitration Opt-Out, 5660 W Cypress St
Suite A Tampa, FL 33607. The notice must be sent within thirty (30) days of
registering to use the FSC Online Services, otherwise you shall be bound to
arbitrate disputes in accordance with the terms of those Sections. If you
opt-out of these arbitration provisions, FSC also will not be bound by them.
EXCLUSIVE VENUE FOR LITIGATION
Solely
to the extent the arbitration provisions set forth above do not apply, or for
purposes of either party enforcing an award granted to it pursuant to
arbitration, the parties agree that any litigation between them shall be filed
exclusively in state or federal courts located in Tampa, FL (except for small
claims court actions which may be brought in the county where you reside). The
parties expressly consent to exclusive jurisdiction in Tampa, FL for any
litigation other than small claims court actions. The Parties irrevocably
consent to personal jurisdiction in Tampa, FL for any litigation and hereby
waive, for all purposes, their right to challenge the lack of personal
jurisdiction of Tampa, FL over any litigation arising in connection with, out
of, or as a result of (a) these Terms or the FSC Online Services, and (b) any
acts or omissions of any of the Covered Entities in connection with these Terms
or the FSC Online Services.
COPYRIGHT AND TRADEMARK
Unless
otherwise noted, all materials published in or through the FSC Online Services
are protected as the copyrights, trade dress, trademarks and/or other
intellectual property of FSC or its licensors. You may not remove or alter any
copyright, trademark or other proprietary right notice in the FSC Online
Services. All rights not expressly granted are reserved
FSC
is strongly committed to respecting intellectual property and other rights. As
set forth in the following paragraphs, we have a policy of responding to
notices of alleged copyright and trademark infringement that comply with
applicable laws, including the Digital Millennium Copyright Act in the United
States, and terminating accounts of repeat infringers in appropriate
circumstances. To report a problem other than copyright or trademark
infringement, please email legal@fscfranchiseco.com. We may, in our
sole discretion, limit, suspend, or terminate and user's access or account,
delay or remove Content, and take technical and legal steps to keep users from
using the FSC Online Services, if we think that they are creating problems or
possible legal liabilities, infringing the intellectual property rights of
third parties, or acting inconsistently with the letter or spirit of our
policies (for example, and without limitation, circumventing temporary or
permanent suspensions or harassing our employees or other users).
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA")
POLICY
FSC
will respond to proper notifications of claimed copyright infringement with
respect to material posted by users and will take appropriate action including
removing and disabling access to the allegedly infringing material. We also
will, in appropriate circumstances, terminate the accounts of registered users
whom we find to be repeat infringers. We also may, in our discretion, suspend
and/or terminate the account of any registered user who infringes another's
intellectual property right, whether or not there is repeat infringement.
If
you believe your copyright has been infringed, you should submit notice to:
Copyright
Agent
FSC Franchise Co, LLC.
5660 West Cypress St. Suite A
Tampa, FL 33607
Any
such notice should include the following:
- Physical or
electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
- Identification of the
copyrighted work claimed to have been infringed, or if multiple copyrighted
works at a single online site are covered by a single notification, a
representative list of such works at that site.
- Identification of the
material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit the service provider to locate the
material.
- Information
reasonably sufficient to permit the service provider to contact the complaining
party, such as an address, telephone number, and if available, an electronic
mail address at which the complaining party may be contacted.
- A statement that the
complaining party has 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.
- A statement that the
information in the notification is accurate, and under penalty of perjury, that
the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
If a
notice of copyright infringement has been filed against material posted by you,
you may make a counter-notification with our Designated Agent listed above,
provided that such counter-notification must be in writing and contain the
following requisite information:
- Your physical or
electronic signature.
- Identification of the
material that has been removed or to which access has been disabled and the
location at which the material appeared before it was removed or access to it
was disabled.
- A statement by you
under penalty of perjury that you have a good faith belief that the material
was removed or disabled as a result of mistake or misidentification.
- Your name, address,
and telephone number, and a statement that you consent to the jurisdiction of
Federal District Court for the judicial district in which you are located (or
in the State of Maryland, U.S.A., if you reside outside of the U.S.A.), and
that you will accept service of process from the person who filed the notice of
copyright infringement or an agent of such person.
If we
receive a valid counter-notification, we may reinstate the removed or disabled
material in accordance with the DMCA.
LINKS
Links
provided within the FSC Online Services will allow you to connect to other
websites and services that are not under FSC control. We do not endorse and
are not responsible for the content of such websites and/or services. You
access such websites and use such services at your own risk.
ERRORS AND INACCURACIES
The
FSC Online Services may contain errors, inaccuracies or omissions related to
product descriptions, pricing, promotions, offers, availability and other
information. If any information in the FSC Online Services is inaccurate,
incomplete or out of date, we reserve the right to correct, change or update
such information or to cancel orders related to such information (including
after you have submitted an order) without prior notice and issue a refund for
amounts paid. We cannot guarantee your computer's display of color or other
product features is accurate. If any product you purchase is not satisfactory
to you, your sole remedy is to return it (unused) for a refund.
idea SUBMISSIONS
FSC
does not seek or accept unsolicited ideas. By submitting any material to us
through any of the FSC Online Services, you expressly grant to FSC and its affiliates
a royalty-free, non-exclusive, fully transferable, assignable and sublicensable
right and license to use, reproduce, modify, display, transmit, adapt, publish,
translate, create derivative works from and distribute such material,
throughout the world and in perpetuity, in all media now known or hereafter
devised and for all lawful business purposes of FSC and its affiliates
(including, without limitation, advertising, promotional and marketing
purposes). You also acknowledge and agree that if and to the extent the
material submitted by you identifies you by name, likeness, voice or otherwise
("your identification"), the foregoing license granted by you will
automatically be deemed to cover and extend to our use of your identification in
connection with our use of the material submitted by you. In addition, you
warrant that all so-called "moral rights" have been waived.
FRANCHISE PROSPECTS
Certain
materials on the FSC Online Services may describe the FSC franchise system.
They do not constitute an offering for the sale of a franchise. Such offering
is only commenced by our delivery of the Franchise Disclosure Document to you
in compliance with the Federal Trade Commission Rule on Franchising and various
state laws regulating the sale of franchise opportunities.
NOTICE TO CALIFORNIA RESIDENTS
Under
California Civil Code Section 1789.3, California residents are entitled to the
following specific consumer rights information: The provider of the FSC Online
Services is FSC Franchise Co, LLC. To file a complaint regarding the FSC
Online Services or to receive further information regarding use of the FSC
Online Services, send a letter to the above address or contact FSC via e-mail
(with "California Resident Request" as the Subject Line). You may
also contact the Complaint Assistance Unit of the Division of Consumer Services
of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080,
Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
CHANGES/UPDATES
We
will notify you of changes to these Terms by posting the amended terms on the
FSC website at least thirty (30) days before the effective date of the
changes. If you have provided us with your email address, we will also notify
you of material changes to these Terms by sending an email at least thirty (30)
days before the effective date of the changes to the email address you most
recently provided to us. We encourage you to keep the email address you
provide to us current, and to promptly notify us of any changes to your email
address, so that you may receive any notices we send to you regarding material
changes to these Terms. If you do not agree to the new Terms, you should stop
using the FSC Online Services, and if you are a registered user, you may cancel
your account with us within the thirty (30) day period by contacting us at legal@fscfranchiseco.com and you will not be
bound by the new terms. Otherwise, the new terms will take effect after thirty
(30) days. FSC employees do not have the right to modify these Terms orally or
otherwise. If any employee of FSC offers to modify the provisions of these
Terms except using the process described above, he or she is not acting as an
agent for FSC or speaking on our behalf.
MISCELLANEOUS
APPLICABLE LAW
These
Terms constitute a contract made solely over the Internet and you agree that
the laws of the State of Florida, without regard to principles of conflict of
laws, will govern these Terms and any claim or dispute that has arisen or may
arise between you and FSC relating to use of any aspect of the FSC Online
Services.
ENTIRE AGREEMENT
These
Terms of Service and the terms and conditions incorporated in these Terms of
Service by reference are the entire agreement between you and FSC.
SEVERABILITY
Except
as provided in the Arbitration provisions above, if any provision of these
Terms is unenforceable, the validity and enforceability of the remaining
provisions will not be affected.
NO THIRD-PARTY BENEFICIARIES
These
Terms of Service are between you and FSC. There are no third-party
beneficiaries.
WAIVER
Our
failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches. We do not
guarantee we will take action against all breaches of these Terms.
CONTACT FSC
If
you have questions regarding any of these Terms, you can call us at
813-223-2333 or write to us care of FSC Franchise Co, LLC, 5660 West Cypress
St. Suite A Tampa, FL 33607.