This quick value calculation is only provided as a general guide and may not be an accurate representation value for your business. There are many factors that must be considered when doing a thorough value assessment. To gain a more comprehensive understanding of value, we recommend speaking to a resale advisor and completing a Franchise Flippers Value Assessment
franchiseflippers.com, along with its content, all associated websites, and the business listing service (the “Website”) is owned and operated by Franchise Hawk, LLC, d/b/a Franchise Flippers, a Colorado limited liability company (the “Company”). The Company is the owner of an online marketplace for buying, selling, and providing information on franchise and business opportunities (the “Services”), which are provided subject to the terms of this Agreement. By submitting information to, accessing information from, and otherwise using the Services, you, the end user customer (“You”), agree to the terms and conditions contained in this Agreement.
THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND THE COMPANY. YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, AND YOU FURTHER REPRESENT THAT YOU HAVE THE POWER, RIGHT, AND AUTHORITY TO AGREE TO AND BE BOUND BY THIS AGREEMENT. WHEN YOU USE THE WEBSITE AND THE SERVICES, YOU EXPRESSLY AGREE TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE AND SERVICES. THE COMPANY RESERVES THE RIGHT TO MODIFY, AMEND, REPLACE, SUSPEND, OR TERMINATE THIS AGREEMENT AT ANY TIME, WITHIN ITS SOLE DISCRETION. IN THE EVENT THE COMPANY MODIFIES, AMENDS, OR REPLACES THIS AGREEMENT, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE. YOUR USE OF THE WEBSITE OR SERVICES AFTER A CHANGE IN THE EFFECTIVE DATE CONSTITUTES YOUR EXPRESS ACCEPTANCE OF ANY MODIFICATION, AMENDMENT, OR REPLACEMENT TO THIS AGREEMENT.
All questions concerning this Agreement should be directed to: Franchise Flippers, Attention: Manager, 1805 10th Street SW, Loveland, CO 80537.
You represent, warrant, and covenant that (a) all business listings and associated information provided by you are franchise businesses; (b) all business and associated information provided by You will be, and is, accurate, and to the extent applicable, You have acquired or obtained all the required licensing, permits and legal authority to market and sell the franchise business(es) in the locations in which it is advertised; (c) Your use of the Website does not violate any law, ordinance, statute, or any other regulation; (d) You will not permit the posting of a business on the Website under a name other than that of the business owner or the named licensed business agents that have been engaged by the business owner to market the business under the terms of a duly executed, active and exclusive listing agreement with the owner; and (e) You will administer and maintain the accuracy of any listing provided by You at all times, and to update such listing monthly. You further agree not to advertise a franchise business opportunity as an established business unless such a business has an established customer base and material revenue history and has the ability to provide financial history information to qualified buyers. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by You or any other customer. You are solely responsible for retaining back-up copies of all information, photographs, content, and other materials you provide to the Company or the Website.
3. INTELLECTUAL PROPERTY. The Company is the owner of all rights in and to the Website and Services, and all associated content, including, but not limited to, design rights, trade dress, copyright rights, trademark rights, patent rights, rights of publicity and privacy, trade secret rights, and any other personal or proprietary rights (the “Content”). All information and Content obtained from the Website and Services, including business listings, calculation reports, and any other information otherwise made available by the Company is proprietary to the Company and its licensors, and is protected by copyright and other United States and international intellectual property rights, laws, and treaties. You are expressly prohibited from using the Website for any purposes not stated in this Agreement. You are prohibited from using the Company’s trademarks, service marks, design marks, logos, trade dress, or trade names, or any colorable imitation thereof, whether on a website, on a product or service, in a domain name, in pay-per-click advertising, or otherwise, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services. All other trademarks, service marks, design marks, logos, trade dress, or trade names displayed on the Website are the property of their respective owners. The Company hereby provides you with a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to use the Website and Services for their customary and intended purposes. This license is revocable at any time by the Company, and any rights not expressly granted herein are expressly reserved to the Company.
4. RESTRICTIONS ON USE. You agree that You, and all your employees, agents, or representatives will treat all Content as proprietary, and will maintain the same as confidential, and a trade secret of the Company. The Company does not ensure the accuracy of, endorse, or recommend any Content, including, without limitation, any calculation reports. You agree that your use of the Content and Services is at your sole risk. You understand and acknowledge that the Company is not acting as a broker in any manner, and that You may access the Content solely to obtain initial information from which further evaluation and investigation may commence. You agree that you will not use the Content obtained from the Website or the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. You shall not use or reproduce Content obtained from the Website Service for or in connection with any other listing service or device. You shall not modify, merge, decompile, disassemble, translate, decode, circumvent, or reverse engineer any portion of the Website or Content, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Website or Service. You shall not access or use any portion of the Website or the Service if you are a direct or indirect competitor of the Company, nor shall you provide, disclose or transmit any portion of the Website or Service to any direct or indirect competitor of Company (by way of example, a “direct or indirect competitor” of Company includes, but is not limited to, Internet listing services or other business information services and employees, independent contractors and agents of such services). You may not use the Website or Services to send unsolicited commercial email (spam). You may not use the listing form to promote products or services to the business owner or broker.
5. USER GENERATED CONTENT. You shall not use the Website or the Services to post or transmit content (a) intend to collect personal or personally identifiable information from users of the Website or third parties; (b) that violates or infringes upon the rights of any third party, including, without limitation, intellectual property and privacy rights; or (c) that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter. You warrant that You own all rights in and to your content, or are otherwise authorized to use the same. By submitting information and content to the Website, you grant the Company a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to your User-Generated Content for the customary and intended purposes of the Website. The Company shall have sole authority to choose the manner in which any listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a listing or refuse Services to anyone at any time in its sole discretion. Company shall have no obligation to resolve disputes among users of the Service; or to monitor or verify the accuracy or proper use of the listings.
7. INFRINGEMENT NOTIFICATION. Company and its affiliates respect the intellectual property of others, and the Company asks those posting or transmitting any content to or through Company’s Services and the Website to respect copyright law. It is the policy of Company to restrict and/or terminate in appropriate circumstances the ability to submit content and/or use the services and any associated websites by individuals or entities that repeatedly submit infringing content in violation of this Agreement. If you believe that your work has been copied and is available on the Website or the Services in a way that constitutes copyright infringement, you may notify the Company according to the notice requirements of the Digital Millennium Copyright Act (“DMCA”) and any other applicable law. Pursuant to 17 U.S.C. Section 512, Company’s DMCA registered agent can be reached by mail at the address listed above. Please note that this procedure is exclusively for notifying the Company that Your copyrighted material has been infringed.
8. TERM AND TERMINATION. This Agreement will remain in full force and effect until the expiration of the Service listing term, or as otherwise provided in this Agreement. The Company reservices the right to terminate your use of the Website or Services at any time without prior notice. Upon termination, the Company shall have no obligation to maintain or forward any content in your account. In addition, the Company pay require additional evidence of your compliance with the terms of this Agreement if you are alleged to have submitted information or content in violation of this Agreement.
9. PAYMENT; NO REFUNDS. You agree to pay for all Services and access to the Website using the payment method indicated and provided by the Company, and you grant the Company express authorization to charge all fees to your payment provider. Fees owed are based on the type and the term of Service, content, and other deliverables ordered by You. All payments are nonrefundable, regardless of whether the subscription, listing, or other Service is terminated prior to the end of the term. Payment of fees shall not be contingent on any events other than the delivery of the ordered Services and deliverables. You are solely responsible for any attorney fees and other costs incurred by the Company in the collection of delinquent and undisputed amounts. If your payment is not current, the Company may immediately cease to provide any and all Services or deliverables. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to any affected customers of any such changes.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMANGES (INCLUDING, WITHOUT LIMTIATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. YOUR EXCLUSIVE REMEDY, AND THE COMPANY’S ENTIRE LIABILITY UNDER THIS AGREEMENT, SHALL BE A REFUND OF FEES PAID BY YOU TO THE COMPANY, AND IN NO EVENT WILL THE COMPANY’S LIABILITY EXCEED THE AMOUNT OF SUCH FEE FOR ANY REASON. THE COMPANY (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES) SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES, OR YOUR USER GENERATED CONTENT.
11. WARRANTY DISCLAIMERS. ALTHOUGH THE COMPANY MAKES EFFORTS TO PROVIDE AN ACCURATE PRODUCT, THE LISTINGS, WEBSITE, AND SERVICE ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” COMPANY DOES NOT ENDORSE OR RECOMMEND ANY CONTENT ARISING OUT OF THE WEBSITE AND SERVICE, AND YOU USE SUCH CONTENT AT YOUR OWN RISK. COMPANY MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, THE WEBSITE, OR THE SERVICE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED STATES OF AMERICA, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.
1. INDEMNIFICATION. You agree to hold harmless, defend, and indemnify the Company (and its officers, directors, employees, agents, and representatives), for, from, and against any and all costs, damages, or losses by any of them (including, without limitation reasonable attorneys’ fees) as a result of a claim by any person arising out of your use of the Website, the Services; any content generated by You; any violation by You of this Agreement, any rights of a third party, or any laws or regulations.
2. ASSIGNMENT; SEVERABILITY. You may not assign or transfer any of your rights or obligations under this Agreement. The Company may assign its rights and obligations under this Agreement at any time, without notice, including but not limited to in a sale of the Website. If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
3. GOVERNING LAW. The parties agree that any and all claims arising out of or related to this Agreement, including its validity, interpretation, breach, violation, or termination, shall be brought in the exclusive forum of the state or federal courts located in Larimer County, Colorado and pursuant to Colorado law. The Parties expressly consent to personal and subject matter jurisdiction in this forum. The prevailing party is entitled to payment of its costs, expenses, and attorney fees by the non-prevailing party for actions, disputes, or litigation arising out of or related to this Agreement. This Agreement is deemed to have been negotiated, executed, and performed exclusively within Larimer County, Colorado. YOU UNDERSTAND AND AGREE THAT ALL DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE DISPUTE AROSE. THE PARTIES EXPLICITLY WAIVE ANY AND ALL STATUTE OF LIMITATIONS OR TIME BARS.
5. NO WAIVER; RESERVATION OF RIGHTS. No term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged. All rights not expressly granted herein are reserved to The Company.
Franchise Flippers may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy was last updated on May 8, 2019.
OUR COMMITMENT TO INDIVIDUAL PRIVACY
Franchise Flippers is committed to protecting the privacy and accuracy of your information. We collect Usage Data (as described below) and may collect zip codes and other information in connection with your use of the Franchise Flippers website. We collect personally identifiable information only when you provide it, and we collect the least amount of personally identifiable information required to provide you with requested services. The types of personally identifiable information collected will depend on the nature of the submission or the features of the website used, but could include your name, address, phone number, information related to your franchise business, and/or email address.
Franchise Flippers does not request and we ask that you not send us any sensitive information (e.g., government-issued identification numbers, racial or ethnic information, political opinions, religious affiliations, health, biometrics or genetic characteristics). If you choose not to provide requested personal information, you can still visit most Franchise Flippers web pages, but you might be unable to access certain services that require our interaction with you.
WHAT WE COLLECT
We collect a variety of information that you provide directly to us. In general, we collect information from you through:
We may collect the following information:
Please note, we will never ask for your social security number.
INFORMATION WE COLLECT THROUGH AUTOMATED MEANS
Cookies, Web Beacons
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. Web beacons are electronic images embedded into a web page, which may be placed by us or a third party tracking utility partner) can tell us what advertising you have seen on the website, and allows us to offer you a more diverse selection of advertising information and may also be used together with cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. A cookie or web beacon in no way gives us access to your computer or any information about you, other than the data you choose to share with us. Web beacons may also be included in emails sent by the website to determine when and if such emails are opened or forwarded.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
We use third-party web analytics services (such as those of Google Analytics) on our website to collect and analyze usage information through cookies and similar tools; engage in auditing, researching, or reporting; assist with fraud prevention; and provide certain features to you. We also provide a limited amount of your information (such as your e-mail address and order history) to our marketing agency partners so that they can analyze website usage on our behalf, which allows us to improve our services.
We may allow third party companies, including advertising companies to place cookies on our website. These cookies enable such companies to track your activity across various sites where they display ads and record your activities so they can show ads that they consider relevant to you as you browse the Internet. These Cookies store information about the content you are browsing together with an identifier linked to your device or IP address. These Cookies also allow us and third parties to know whether you’ve seen an ad or a type of ad, and how long it has been since you’ve last seen it. This information is used for frequency capping purposes, to help tailor the ads you see, and to measure the effectiveness of ads. You may choose to modify your browser settings to decline cookies.
WHAT WE DO WITH THE INFORMATION WE GATHER
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
The website may share personally identifiable information that you provide with third parties in the following cases:
AGGREGATE / ANONYMOUS DATA
We may aggregate and/or anonymize any information collected through the website so that such information can no longer be linked to you or your device (“Aggregate/Anonymous Information”). We may use Aggregate/Anonymous Information for any purpose, including without limitation for research and marketing purposes, statistical analyses of website(s) usage, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.
SOCIAL MEDIA LINKS AND FEATURES
Our websites may contain links to third-party social media sites, and also contain third-party integrations (such as LinkedIn, or the Facebook “Like” button) and functionalities. If you choose to use these sites or features, you may disclose your information not just to those third-parties, but also to their users and the public more generally depending on how their services function. Franchise Flippers is not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites or services, and we urge you to read the privacy and security policies of those third-parties.
DATA SUBJECT RIGHTS AND YOUR CHOICES
You may have certain rights with respect to your information as further described in this section.
Your local laws may permit you to request that we:
We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests, to comply with a legal obligation, or if necessary for the performance of a contract involving you or us. To the extent that you make such a request, we require certain information to help verify your request and prevent fraudulent information and removal requests. Specifically, we ask that you provide the following pieces of information:
Depending on the circumstances and the information you request, we may require additional methods of verification in our discretion.
JURISDICTION AND CROSS-BORDER TRANSFER
Your personally identifiable information may be stored and processed in any country, including the United States, where we have facilities in which we engage third-party service providers, and by requesting Franchise Flippers services you consent to the transfer of information to countries outside of your country of residence which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personally identifiable information.
Franchise Flippers is intended for general audiences and not for children under the age of 18. If we become aware that we have inadvertently collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act) from children under the age of 13 without legally-valid parental consent, we will take reasonable steps to delete it as soon as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.
HOW WE PROTECT YOUR INFORMATION
We consider the confidentiality and security of your information to be of the utmost importance. Franchise Flippers takes a variety of technical, administrative, and physical measures to protect your information from disclosure to or access by third parties. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. When you enter sensitive information on our registration or order forms, we encrypt that information using SSL protocol. To learn more about SSL protocol, follow this link.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. Please note that we do not guarantee the security of information, as no method of internet transmission or storage is completely secure. Also note that we may retain and store your information in our databases and systems even after your Franchise Flippers account is deactivated as long as we have a legitimate purpose to do so and in accordance with applicable law. We intend to take reasonable and appropriate steps to protect the information that you share with us or third-party service providers from unauthorized access or disclosure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us by e-mail at [email protected].
CONTROLLING YOUR PERSONAL INFORMATION
You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or e-mailing us at [email protected]
We also send our users site and service announcement updates. Users are not able to un-subscribe from service announcements, which contain important information about service notices and responsibilities. Franchise Flippers occasionally communicates with its users via email and phone to provide information about requested services and regarding issues related to their account. It is important to note that this communication is not used for marketing or promotional purposes. Requesting the deletion of certain types of user information may prevent users from accessing some website features.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting. You will have the choice to opt out from receiving this promotional information.
CHANGING, UPDATING, OR DELETING PERSONAL INFORMATION
If you believe that any information we are holding on you is incorrect or incomplete, please write to or e-mail as soon as possible. We will promptly correct any information found to be incorrect.
If you would like to request to review, correct, update, suppress, restrict, or delete personally identifiable information that you have previously provided to us, or if you would like to request to receive an electronic copy of your personally identifiable information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may contact us by e-mail at [email protected]. We will respond to your request consistent with applicable law.
In your request, please make clear what personally identifiable information you would like to have changed, whether you would like to have your personally identifiable information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your personally identifiable information. For your protection, we will only implement requests with respect to the personally identifiable information associated with the particular e-mail address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.
Please note that we may need to retain certain information for record keeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed.
FRANCHISE FLIPPERS CONTACT INFORMATION
E-mail: [email protected].
Franchise Hawk, LLC
d/b/a Franchise Flippers
1805 10th Street SW
Loveland, CO 80537
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