Terms of Use

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THE SITE YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS THE SITE.

Welcome to Birkhoff Research! We are a friendly online franchise research company that offers individuals greater transparency and information when researching franchise opportunities.

The Birkhoff Research Service is provided by the Birkhoff Research Group, Inc., however, we will refer to our company and Service as “Birkhoff Research” to keep things simple. Like all online services, we need to have a Terms of Service (“Terms”).

Please read these Terms carefully, and email us at contact@birkhoffscore.com if you have any questions. By accessing or using the Birkhoff Research Service, you agree to be bound by these Terms and by our Privacy Policy, whether or not you are a registered user of our Service. These Terms apply to all visitors, registered users, and others who access the Service (“Users”).

  1.            Using Birkhoff Research:
  2. Who can use Birkhoff Research? You may use the Service only if you can form a binding contract with Birkhoff Research, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under the age of 18 is strictly prohibited. The Service is not available to any Users previously removed from the Service by Birkhoff Research.
  3. Birkhoff accounts. Creating an account with Birkhoff Research gives you access to the Services in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. By connecting to Birkhoff Research with a third-party service (e.g., Facebook), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For more information on the types of information we collect from these third-party services, please read our Privacy Policy.
  4. Terminating your account:

You may close your account at any time by sending an email to contact@birkhoffscore.com. We may permanently or temporarily terminate or suspend your User account or access to the Service for any reason, without notice or liability to you, including if in our sole determination you violate any provision of our Terms of Use, or for no reason.

  1. Your responsibility for your account:

When you create your Birkhoff Research account, you must provide us with accurate and complete information. Please be sure to provide us with up to date contact information for you so we know how to reach you. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are solely responsible for the activity that occurs on your account, and you agree to keep your account login and password secure. You must immediately notify Birkhoff Research of any compromise of your credentials you become aware of and any unauthorized use of your account.

  1. Changes to the Service:

Here at Birkhoff Research, we’re always innovating and finding ways to provide our Users with new and innovative features and services. Therefore, we may, without prior notice, change the Service; add features, stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service.

  1.            Privacy and Security:

We care about the privacy and security of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your Personally Identifiable Information collected, used, transferred to and processed in the United States. While we work to protect the security of your account, Birkhoff Research cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You acknowledge that you provide your information at your own risk.

  1.            Third-party Links, Sites and Services:

The Birkhoff Research Services may contain links to third-party websites, advertisers, services, and special offers. Although we take reasonable measures to ensure third-party services meet our partnership standards we cannot guarantee content accuracy and therefore assume no responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Birkhoff Service, you do so at your own risk and you agree that Birkhoff Research will have no liability arising from your use of or access to any third-party website, service, or content.

  1.            Indemnity:

You agree to indemnify and hold harmless Birkhoff Research and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of the Services or Birkhoff Research Content, or (ii) your breach of any of these Terms.

  1. Disclaimers:

THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICES, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BIRKHOFF RESEARCH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

The Birkhoff Research Group helps readers augment their personal franchise research efforts with high-level, directional franchise analysis (via Birkhoff Score) to increase individual franchise research efficiency.

The Birkhoff Score is an aggregate score that comprises data from multiple information sources, is carefully weighted and reviewed by the Birkhoff Research Analysts –all striving for greater industry transparency and consumer research simplicity.

We believe our sources of data to be accurate and reliable, but sometimes they may not be. The Birkhoff Research Group makes no claims or representations as to the accuracy, completeness, or truth of any material comprising the Birkhoff Score. Nor is the Birkhoff Research Group liable for any errors or delays in the content or transmission of the data on our site.

The Birkhoff Score should be viewed as a starting point for doing independent research on franchises.

You are responsible for your own investment decisions. The Birkhoff Research Group will not be responsible for any errors or omissions in the Birkhoff Score, posted articles, shared hyperlinks, or for any results obtained from the use of such information. Birkhoff Research will not be liable for any loss or damage caused by a reader's reliance on information obtained in our area. If you don't accept this responsibility for yourself, then you should not use Birkhoff Research tools and information.

If you ignore our advice to do independent research of industries and franchises, choosing instead to base decisions solely on the Birkhoff Score or information provided by the Birkhoff Research Group, you have made a conscious, willing, free, and personal decision to do so. You have also probably made a mistake.

  1.            Limitation of Liability:

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, AND BIRKHOFF RESEARCH CONTENT  REMAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK.

YOU AGREE THAT NEITHER BIRKHOFF RESEARCH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, BIRKHOFF RESEARCH CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIRKHOFF RESEARCH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT WILL BIRKHOFF RESEARCH AGGREGATE LIABILITY OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT OR BIRKHOFF CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BIRKHOFF RESEARCH AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

The Service is controlled and operated from its facilities in United States. Birkhoff Research makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use the Service if you are a resident of a country embargoed by United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

  1.          Arbitration and Governing Law:
  2. For any dispute you have with Birkhoff Research, you agree to first contact us at contact@birkhoffscore.com and attempt to resolve the dispute with us informally. In the unlikely event that Birkhoff Research has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Birkhoff Research agree otherwise, the arbitration will be conducted in the country where you reside.

Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Birkhoff Research will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BIRKHOFF RESEARCH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

  1. Governing Law. You agree that: (i) the Service shall be deemed solely based in Wyoming; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Birkhoff Research, either specific or general, in jurisdictions other than Wyoming. These Terms shall be governed by the internal substantive laws of the State of Wyoming, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in Cheyenne Wyoming, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above.
  2.          General Terms:
  3. Notification Procedures and changes to these Terms. Birkhoff Research may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, “push” mobile notification, written or hard copy notice, or through posting of such notice in our community, as determined by Birkhoff Research in our sole discretion.

Birkhoff Research reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms and our Privacy Policy. Birkhoff Research may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these Terms or to any future Terms of Service, do not use or access (or continue to access) the Service. Birkhoff Research is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

  1. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Birkhoff Research without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

iii.           Export Control. Any software or technology obtained from Birkhoff Research through the Service, originates in Wyoming, and is subject to United States export laws and regulations. Such software and technology may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, software and technology obtained from Birkhoff Research may be subject to the import and export laws of other countries. It is your responsibility to comply with all United States and foreign export and import laws and regulations.

  1. Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with Birkhoff Research in connection with the Service, shall constitute the entire agreement between you and Birkhoff Research concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
  2. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Birkhoff Researches failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
  3. Contact. Please contact us at contact@birkhoffscore.com with any questions regarding these Terms.

These Terms were last modified on May 14, 2015.

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