Agreement between User and www.kirvanconsulting.com
Welcome to www.kirvanconsulting.com (the “Site”). The Site is operated by Kirvan Consulting, LLC (“Kirvan Consulting,” “Company,” “we,” “our,” or “us”).
By accessing or using this Site, you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, please do not use the Site.
The Site is intended to provide information regarding business consulting, franchise development, operational advisory, franchise sales support, and related services.
Visiting the Site, submitting forms, or sending emails to Kirvan Consulting constitutes electronic communications. You consent to receive communications electronically and agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
Kirvan Consulting provides consulting, advisory, operational, and franchise-related guidance based on experience, industry knowledge, and information provided by clients.
While we strive to help clients improve operations, systems, franchise development efforts, sales processes, and overall business performance, we do not guarantee specific results, including but not limited to franchise sales, profitability, operational outcomes, financial performance, business growth, or market success.
All business decisions remain the sole responsibility of the client. Results may vary based on execution, market conditions, management, capitalization, competition, and other factors outside of Kirvan Consulting’s control.
Information provided through the Site or through Kirvan Consulting services is for general business and operational advisory purposes only and should not be construed as legal, accounting, tax, financial, or investment advice.
Clients are encouraged to consult with qualified legal, accounting, financial, and franchise professionals regarding their specific circumstances, franchise disclosure documents, regulatory obligations, and financial decisions.
Kirvan Consulting is a franchise development and franchise sales support organization. Kirvan Consulting is not a franchisor and does not itself offer, sell, or grant franchises. Any franchise offering is made solely by the applicable franchisor through a Franchise Disclosure Document (“FDD”) in compliance with applicable federal and state law. Nothing on the Site or in any communication from Kirvan Consulting constitutes an offer to sell, or the solicitation of an offer to buy, a franchise. A franchise offering will not be made, and a franchise will not be sold, except in compliance with the FTC Franchise Rule and applicable state franchise registration and disclosure laws. Kirvan Consulting does not direct any offer to, or sell any franchise to, any resident of any jurisdiction until the applicable franchisor has complied with the registration and disclosure requirements of such jurisdiction, where required.
Except as expressly set forth in a franchisor’s FDD, neither Kirvan Consulting nor any of its representatives makes any representation, projection, or guarantee regarding actual or potential sales, costs, income, profits, or earnings of any franchise or business. Any information regarding financial performance is provided for general illustrative purposes only, is based on information supplied by third parties, and should not be relied upon as a representation of future results. You are encouraged to make your own independent investigation and to consult qualified professional advisors before making any business or financial decision.
Clients are solely responsible for the accuracy and completeness of all information provided to Kirvan Consulting. Any recommendations, evaluations, projections, or guidance provided are based upon the information made available at the time of review.
Kirvan Consulting shall not be responsible for decisions made based upon incomplete, inaccurate, or outdated information provided by the client or third parties.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms.
You agree not to:
All content, materials, branding, graphics, logos, text, methodologies, frameworks, templates, operational systems, and materials available on the Site are the property of Kirvan Consulting, LLC unless otherwise noted.
Any methodologies, frameworks, templates, processes, manuals, documents, or materials developed or provided by Kirvan Consulting remain the intellectual property of Kirvan Consulting, LLC unless otherwise agreed to in writing.
No content from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed without prior written consent.
The Site may contain links to third-party websites or services. These third-party sites are not under the control of Kirvan Consulting, and we are not responsible for the content, policies, accuracy, or practices of any linked website.
The inclusion of any link does not imply endorsement or affiliation.
Certain services may be provided in partnership with third-party vendors or organizations. By using the Site, you acknowledge that certain information may be shared with trusted third parties as necessary to provide requested services.
To the fullest extent permitted by law, Kirvan Consulting, LLC shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or relating to:
Kirvan Consulting’s total liability for any claim arising out of or relating to the Site or services shall not exceed the amount paid by the client to Kirvan Consulting for the applicable services giving rise to the claim.
The Site and all content, materials, and services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied. To the fullest extent permitted by law, Kirvan Consulting disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. No advice or information, whether oral or written, obtained from Kirvan Consulting or through the Site shall create any warranty not expressly stated in these Terms.
You agree to indemnify, defend, and hold harmless Kirvan Consulting, LLC and its owners, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses arising out of your use of the Site, violation of these Terms, or misuse of any services or materials provided.
Kirvan Consulting does not knowingly collect personal information from children under the age of thirteen. If you are under 18, you may use the Site only with the involvement of a parent or guardian.
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy. If no separate Privacy Policy is posted, you acknowledge that information you submit may be used to respond to your inquiries and to provide requested services as described in these Terms.
Kirvan Consulting reserves the right to modify these Terms at any time without prior notice. Continued use of the Site following any changes constitutes acceptance of those changes.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles.
Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any services provided by Kirvan Consulting shall be resolved by binding arbitration administered by the American Arbitration Association under its applicable rules, with the arbitration to take place in Pennsylvania. Judgment on the award may be entered in any court of competent jurisdiction. To the extent any matter is not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Pennsylvania. To the fullest extent permitted by law, each party waives any right to a trial by jury and to participate in any class, collective, or representative action. Any claim must be brought within one (1) year after the cause of action arises, or it shall be permanently barred, except where a longer period is required by applicable law.
Kirvan Consulting, LLC
www.kirvanconsulting.com
If you have any questions regarding these Terms and Conditions, please contact us through the contact information provided on the Site.