Terms and Conditions

No Offer of a Franchise

This Website is for general informational purposes only and does not constitute an offer to sell, or the solicitation of an offer to buy, a franchise. Any such offer will be made only through the delivery of a Franchise Disclosure Document (“FDD”) in compliance with applicable federal and state law.

Certain states require registration of a franchise offering before it may be offered or sold to residents of, or persons located in, that state, and we will not offer or sell franchises in any such state until the offering has been registered (or exempted) and the required disclosures have been made. Nothing on this Website should be construed as, or relied upon as, a representation of the actual or potential sales, costs, income, or profits of any Better Gourmet Health Kitchen location.

Eligibility

You must be at least 18 years old to submit an inquiry through the Website. By submitting information to us, you represent that the information you provide is accurate and that you have the legal capacity to enter into these Terms.

Intellectual Property / License to Use the Website

Unless otherwise stated, Better Gourmet and/or its licensors own the intellectual property rights in all content on the Website, including text, graphics, logos, and images, and all such rights are reserved.

You may view and print pages from the Website for your own personal, non-commercial use, subject to the restrictions in these Terms. You must not:

• Republish material from the Website without our prior written consent;
• Sell, rent, or sub-license material from the Website;
• Reproduce, duplicate, or copy material from the Website, except as permitted above; or
• Redistribute content from the Website, unless the content is expressly made available for redistribution.

User Submissions

By submitting an inquiry, application, message, or other information through the Website, you represent that the information is true and accurate and that you have the right to submit it. You agree that we may use the information you submit to evaluate your interest in and qualifications for a Better Gourmet franchise and to communicate with you, as described in our Privacy Policy.

Hyperlinking to the Website

The following organizations may link to the Website without our prior written approval, provided the link is not misleading, does not falsely imply endorsement or sponsorship by us, and fits within the context of the linking party’s site: government agencies; search engines; news organizations; and online directory distributors that list us in a manner consistent with how they list other businesses.

We may, in our sole discretion, approve other link requests from organizations such as consumer or business information sources, industry associations, accounting/law/consulting firms, and educational institutions, provided the link would not reflect unfavorably on us and is consistent with the criteria above. Organizations interested in linking to the Website should contact us at info@betterhealthyfranchise.com with their name, organization, contact information, and the relevant URLs. Please allow 2–3 weeks for a response.

No use of the Better Gourmet name, logo, or other branding is permitted in connection with any link absent a separate written trademark license agreement. We reserve the right to request removal of any link to the Website at any time, and to amend this linking policy at any time.

Framing / iFrames

You may not create frames around, or use other techniques that alter the visual presentation of, any pages of the Website without our prior written permission.

Third-Party Links and Content

The Website may contain links to third-party websites for your convenience. We do not control and are not responsible for the content, accuracy, or privacy practices of any linked third-party website, and inclusion of a link does not imply our endorsement.

Disclaimer of Warranties

The Website and its content are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, we disclaim all warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website will be uninterrupted, error-free, or completely secure, or that the information on the Website is complete, accurate, or up to date.

Nothing in these Terms will limit or exclude any liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Better Gourmet, its officers, directors, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Website, even if advised of the possibility of such damages. Our total liability for any claim arising from your use of the Website will not exceed one hundred dollars ($100).

Indemnification

You agree to indemnify, defend, and hold harmless Better Gourmet and its officers, directors, employees, and affiliates from and against any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Website, your submission of information through the Website, or your violation of these Terms.

Dispute Resolution — Binding Arbitration and Class Action Waiver

a. Agreement to Arbitrate. Except for disputes that qualify for small claims court, you and Better Gourmet agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or your interactions with us shall be resolved by binding, individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, rather than in court, except that either party may bring an individual action in small claims court.

b. Class Action Waiver. You and Better Gourmet agree that any arbitration or proceeding will be conducted only on an individual basis and not as a class, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

c. Opt-Out Right. You may opt out of this arbitration agreement by sending written notice to info@betterhealthyfranchise.com within thirty (30) days of the date you first accept these Terms. Your notice must include your name and a clear statement that you wish to opt out of arbitration.

d. Severability. If any part of this arbitration provision is found unenforceable, the remainder of this section will remain in effect, except that if the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court and not in arbitration.

This arbitration provision applies only to disputes relating to the Website and these Terms. It does not apply to, and does not modify, any arbitration, dispute resolution, or venue provisions contained in a separate Franchise Agreement or Area Development Agreement between you and Better Gourmet, which will be governed by their own terms.

Governing Law and Venue

These Terms are governed by the laws of the State of [State], without regard to its conflict of law principles. Subject to Dispute Resolution, any legal action not subject to arbitration will be brought exclusively in the state or federal courts located in [County, State], and you consent to the jurisdiction of those courts.

Changes to These Terms

We may revise these Terms at any time by updating this page. The “Last updated” date at the top of this page reflects the most recent changes. Your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms.

Severability; Entire Agreement

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Better Gourmet regarding your use of the Website.

Contact Us

If you have questions about these Terms, please contact us at: