Terms of Use

eAdvantage4u, llc

Website/Intranet Terms of Use

Last Updated: March 26, 2013

eAdvantage4u, llc (eAdvantage4u) provides this website (Site) for your use, subject to these Terms of Use and all applicable laws and regulations. Please read these Terms of Use carefully. By accessing and/or using the Site, and by using the intranet part of the Site that is pass word protected, you specifically agree to be bound by these Terms of Use and further agree that eAdvantage4u may forward your personal confidential questionnaire (PCQ) to third party companies for either financing help or for your exploration to consider the purchase of potential businesses or franchisees or to attempt to contact you by telephone or email in order to help you.  If you do not agree to these terms, please do not visit or use the Site.

eAdvantage4u reserves the right to revise these Terms of Use at any time and without further notice to you so check back periodically for changes.  Your continued use of the Site following the posting of any changes to these Terms of Use constitutes your acceptance of those changes.  Updates will be evidenced by a more recent Last Updated date at the top of this page.

eAdvantage4u maintains this Site for you who are prospective purchasers of franchises or business working with eAdvantage4u or one of its independent consultants who provide services to  assist you in obtaining information about entrepreneurism, franchising, business opportunities and financing of their new businesses. The PCQ requests no specific account, financial, social security or birth date information. After your free personal consultation with Your Consultant, you will be provided the opportunity to verbally agree that you wish to proceed to explore business and franchise ownership as a viable career option or you may decide that you have no interest and your file will put into an inactive status.  (In such event, you agree that eAdvantage4u or Your Consultant may contact you again within the next year to see if your situation and interest has changed.)

With your agreement and consent, your PCQ will be forwarded to financing resources and other third party companies and franchisors so you can begin a due diligence process designed to help you obtain information from the companies and franchisors and from others engaged in the same business as owners/franchisees in order that you can gather facts and information to make an informed decision about whether the business/franchise meets your goals and objectives.   The role of Your Consultant is to coach and guide you, the prospective entrepreneur, through an educational SMART eDiscovery™  process; and when you engage in this SMART eDiscovery process by using the password protected intranet portion of the Site, you, the prospective entrepreneur, acknowledge you are to conduct your own due diligence and you further acknowledge that you will  seek out professional guidance as may be appropriate, and you should only purchase a business or franchise after you are informed and knowledgeable about the business/franchise and the opportunity.

Neither Your Consultant nor eAdvantage4u can warrant any level of success nor make any specific financial representations in any way for any business or provide any warranties or guarantees about the success or profitability  of any business or franchise as the role of Your Consultant is only to educate in general about business ownership and to help guide you, as a prospective entrepreneur to form your goals and suggest some potential matches of company with your goals for you to further explore. You, as the prospective entrepreneur, must determine for yourself whether business ownership is a viable career option to help you reach your goals.

Without limiting the foregoing, you may not: 1) not use the Site in a commercial manner, including distributing, transmitting or publishing the Site or any of its content; 2) interfere with others’ use of the Site; 3) impair the Site’s operation or interfere with or disrupt the servers or networks connected to it; 4) interfere with eAdvantage4u’s intellectual property rights; 5) frame or otherwise co-brand the Site or any of its content; 6) deep-link to any portion of the Site; or 7) use the Site for any illegal purpose.  eAdvantage4u reserves the right, at its sole discretion, to terminate or restrict your use of the Site, especially the password protected intranet part of the Site to only when you are actively engaged and under the direction of Your Consultant and working on your exploration of career business ownership options.  Without notice, or for any or no reason, and without liability to you or any third party, eAdvantage4u may terminate or restrict your use of the Site.  In the event of any misuse, eAdvantage4u may inform your Internet service provider of your activities and/or take any appropriate legal action.

eAdvantage4u reserves the right, at its sole discretion, to modify, suspend, or discontinue any part of the Site at any time, without notice or liability to you or any third party, including any independent consultant you may be working with.  eAdvantage4u also reserves the right, at its sole discretion, to impose limits on certain features and services.

eAdvantage4u collects no financial account numbers, social security numbers, or birth date information on its PCQ but does request generally information to help you. By your submitting your information in the PCQ to eAdvantage4u and Your Consultant, you agree and acknowledge that this limited information is not considered to be “private” by you and you further acknowledge that such information is not protected/encrypted. eAdvantage4u agrees to only provide your PCQ to Your Consultant and does not sell any of the information but provides your PCQ information to third parties upon your request, agreement and authorization.  Your agreement is further confirmed by your first access of the intranet portion of the Site. You acknowledge that Your Consultant and eAdvantage4u are not responsible for any misuse of your information by third parties.  You also acknowledge that if you want to further explore any business or franchise opportunity or obtain financing, it is your decision about whether to submit any additional information that the third parties have requested.  (See also Privacy Policy.)

This Site may include links to third-party web sites and you may also receive links in separate emails in connection with the education and investigation of businesses or financing resources, and eAdvantage4u and Your Consultant does not control and is not responsible for the content or privacy policies of any linked site or link and the inclusion of any link on the Site or any email suggestion, referral or reference does not imply our endorsement of any particular business or financing source other than it professes to be an opportunity for you to research.

You have already provided your consent and authorization to a third party provider who sold your contact information to eAdvantage4u or to Your Consultant or your contact information was directly referred to eAdvanatage4u or you contacted us directly, and in doing so, you consented to receive telephone and electronic communications from eAdvantage4u and Your Consultant.  In addition, by using the Site, you further consent to continuing to receive electronic communications and notices from eAdvantage4u, and Your Consultant even if your file is closed or becomes inactive for a reasonable time period thereafter, about 2 years from date of last contact. You agree that any notice, agreement, disclosure or other communications that is sent to you electronically will satisfy any legal communication requirements, including that such communications be in writing. However, you may opt out from receiving any future communication by email from eAdvantage4u by sending eAdvantage4u a written notice to optout@eAdvantage4u.com  eAdvantage4u will use its best efforts to delete and remove your contact information from its electronic distribution lists but cannot control the actions of Your Consultant or any third party that purchased your information or other third parties that you requested information from. You will have to contact Your Consultant and each one of the other third parties to opt out of future communications.

If you believe that any material posted on your Site violates your intellectual property rights, please contact lsturm@eadvantage4u.com or eAdvantage4u, llc, 5511 Aryshire Ct. Dublin, OH 43017.  Please include a description of the copyrighted work or other protected material that you claim has been infringed upon; a description of where the material is located on the Site, the name of the person authorized to act for the owner, and the statement, that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or law and your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner’s behalf.

eAdvantage4u.com and eAdvantage4u is a service mark registered in Ohio.  The SMART eDiscovery™ Process is a mark registered in Ohio by eAdvantage4u, llc. The data base of the US Patent and Trademark office were searched and showed no conflicting uses of “SMART eDiscovery” before such registration in Ohio. eAdvantage4u’s trademarks and service marks may not be used in connection with any product or service without our prior written permission.  All other brands, trademarks and names not owned by eAdvantage4u that appear on the Site are the property of their respective owners, who may or not be affiliated with, connected to or endorsed by eAdvantage4u.

You agree that eAdvantage4u may use any comments, information or ideas contained in any communication you may send to us, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including, but not limited to, developing, and marketing products and services and creating, modifying or improving the Site, or other products or services, including the licensing thereof.

While eAdvantage4u uses its best efforts to maintain the accuracy and reliability of the Site, eAdvantage4u, llc does not warrant nor represent that it will always function or be error-free.  eAdvantage4u assumes no responsibility nor liability for errors or omissions on the Site or for problems with its operation.  Your access and use of the Site are at your own risk.  Without limiting the foregoing, THE SITE, ITS CONTENT AND ANY PRODUCT, SERVICE OR LICENSE OFFERED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  Some jurisdictions do not allow the exclusion of certain warranties, so the above may not apply to you.

You agree to indemnify and hold eAdvantage4u, llc and Your Consultant and each of their officers, managers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorney’s fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Site or your violation of any law or the rights of any person.

These Terms of Use shall be governed and construed in accordance with the laws of Ohio without regard to its conflict of law principles. Any action to enforce these Terms of Use shall be brought in the 6^th Circuit Federal Court in Franklin County or in the state of Ohio, Delaware County.  By using the Site, you consent to the jurisdiction and venue of these courts.  Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of the Site shall be resolved individually, without resort to any form of class action. Any claim or cause of action you may have with respect to the Site must be commenced within one year after the claim or cause of action arises, regardless of any law to the contrary.  Furthermore, if you are a licensee or client, your cause of action shall be limited to the amount of proceeds directly paid to eAdvantage4u by you under your license agreement or the referral fee, if any, paid by the placement that eAdvantage4u, llc and/or Your Consultant may have received for assisting and educating you about business and franchise ownership.  In the event that eAdvantage4u, llc and/or Your Consultant is found not to be liable or you settle without either party admitting liability or dismiss your suit with prejudice, you shall also be responsible to pay for eAdvantage4u, llc’s and Your Consultant’s reasonable attorney’s fees and costs.  If the terms of these Terms of Use are in conflict with the Working Terms connected to the PCQ, the more specific provisions shall govern. If any provision of these Terms of Use or Working Terms is held to be invalid or unenforceable, the provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced.  Headings are for reference purposes and only and in no way define, limit, construe or describe the scope of such section.  eAdvantage4u’s failure to enforce any provision of these Terms of Use or the Working Terms or any License Terms shall not constitute a waiver of that or any other provision.  These Terms of Use and Privacy Policy on the Site and the Working Terms connected with the PCQ and License Terms connected to the Guide How to Buy a Business set forth the entire agreement between you and eAdvantage4u, llc and Your Consultant in connection with your use of the Site, its forms and materials provided by eAdvantage4u, llc.

If you have any questions about these Terms of Use, please contact eAdvantage4u at lsturm@eadvantage4u.com.