TERMS AND CONDITIONS OF USE
LAST MODIFIED ON: May 3, 2019
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.
- ADMINISTRATION OF LISTINGS; WARRANTIES. You agree not to submit through the Website any description, photograph, financial, contact or any other listing information to publish and advertise a franchise business opportunity using the Service unless You have received all necessary rights, consents and/or authorizations from the appropriate parties, including, without limitation, photographers, copyright owners of any photographs, and any trademark owners of trademarks. You agree not to submit any content to the Website or to the Company which contains any misrepresentations or unsuitable, inappropriate or controversial content. Additionally, you agree to allow the listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by the Company or other users of the Website, and to allow the listing, or any part of it, to be placed by the Company on any other business listing website, at Company’s sole discretion. The Company shall have the sole authority to choose the manner in which any listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Websites, and the Company shall have the right to modify the listing in the exercise of its rights under this Agreement.
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, valuation 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 valuation 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.