Website Terms and Conditions
The submission of information to FranchiseeNetwork.com (as defined below), access to, and use of the FranchiseeNetwork.com website (located at www.FranchiseeNetwork.com.com), and the real estate information services provided thereon (collectively, the “Service”) is subject to the following contractually binding terms and conditions (the “Terms and Conditions” or the “Agreement”).
If you are viewing, using, or accessing the Service for free, you are a “User.” If you are viewing, using or accessing the Service under a paid or Premium subscription, you are a “Customer.” These Terms and Conditions refer to Users and Customers collectively as “You.” No employee, independent contractor, agent, or affiliate of any competing real estate information, analytics or listings service is permitted to be a User or a Customer or to view, use, or access the FranchiseeNetwork.com website without express written permission from FranchiseeNetwork.com. By viewing, using, or accessing the Service, You represent and warrant that You are not a competitor of FranchiseeNetwork.com, FranchiseeNetwork.com or any of its affiliates, including, without limitation, any company owned or operated by FranchiseeNetwork.com (collectively, “FranchiseeNetwork.com” or the “Company”) or acting on behalf of a competitor of FranchiseeNetwork.com in registering for or accessing the Service.
Membership privileges are granted by FranchiseeNetwork.com to individuals exclusively and are granted specifically to the subscribing registered member only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered Member without the express written permission of FranchiseeNetwork.com. By completing the registration process You become a “Member,” and You represent and warrant that the information You provide is true, accurate, complete, and current. Each Member must maintain a valid email address, which shall be utilized for logging on to the FranchiseeNetwork.com system. Members are not permitted to share their individual login information with others. FranchiseeNetwork.com has the right to refuse or terminate service to any Member, individual, organization, or firm (and all persons associated or affiliated with said organization or firm) that fails to abide by the Terms and Conditions, the Marketing Center Terms as posted and displayed on the FranchiseeNetwork.com website, or abuses its rights related to the Service. Upon registration, which is free, User becomes a Basic Member. Users and Basic Members may search using the Service, and will receive access to the available advertised properties matching the designated search parameters. A Basic Member may also list franchise opportunities on the Service, but those listings will only be able to be fully accessed and viewed in the search results generated on the Company’s www.FranchiseeNetwork.com.com site.
FranchiseeNetwork.com utilizes email as a vital and primary communication channel with Members, who hereby acknowledge and grant FranchiseeNetwork.com the permission to communicate with them via email (as well as other communication channels such as phone and fax) for any purposes FranchiseeNetwork.com determines to be relevant including, but not limited to, system messages, product updates, service announcements, and other marketing messages. FranchiseeNetwork.com will use best efforts to honor Member’s request to opt out of marketing messages, but under no circumstances will FranchiseeNetwork.com have any liability for sending any email to its Members. By becoming a Member, you acknowledge and agree that the Company may record telephone and other electronic communications it has with you for their internal business purposes, including but not limited to training and quality assurance purposes.
Members may submit to FranchiseeNetwork.com property descriptions, photographs, images, videos (which may include sound and/or music), graphics and financial, contact or other information (collectively, the “Submitted Content”) for each listing in FranchiseeNetwork.com. By submitting a listing, Member represents, warrants and agrees that (a) You own or have the full right, power and authority to grant to FranchiseeNetwork.com use of and rights in and to all Submitted Content that you upload, post, e-mail or otherwise transmit to FranchiseeNetwork.com; (b) Your license of such content to FranchiseeNetwork.com hereunder does not, and the use or license of such content by FranchiseeNetwork.com to third parties will not, infringe any right or interest owned or possessed by any third party; (c) there are no claims, judgments or settlements to be paid by You, or pending claims or litigation, relating to such content; and (d) You will fully indemnify the Company against any and all damages or other losses, and any related attorney’s fees, other fees, and/or expenses, incurred by the Company as a result of any breach of the foregoing representations or in connection with Your Submitted Content, including, without limitation, as a result of any claim brought by a third party in connection with Your Submitted Content, whether or not such claim prevails. With respect to all Submitted Content You have uploaded in the past or elect to upload in the future, post, e-mail or otherwise transmit to or via the Service, FranchiseeNetwork.com acknowledges that you retain any applicable ownership rights that You may have with respect to the Submitted Content. You nonetheless grant FranchiseeNetwork.com and its affiliates (including other FranchiseeNetwork.com Group, Inc. companies) and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Submitted Content (in whole or part), whether submitted in the past or in the future, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Member further acknowledges and agrees that FranchiseeNetwork.com may preserve any such Submitted Content, whether submitted in the past or in the future, and may also disclose such Submitted Content in its sole discretion (including, without limitation, within other products offered by FranchiseeNetwork.com and its affiliates). Member agrees not to submit any Submitted Content to FranchiseeNetwork.com unless Member has received all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner of any photographs or videos, to publish and advertise the property listing on Member’s website and FranchiseeNetwork.com’s website. Specifically, Member will not submit a photograph if Member received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph or video on the FranchiseeNetwork.com website. Where Member’s listing incorporates content provided by FranchiseeNetwork.com or its affiliates, such as property photos or other images or information (collectively, “FranchiseeNetwork.com Materials”), Member is granted a limited, revocable, exclusive and non-sub-licensable license to use such FranchiseeNetwork.com Materials strictly in connection with Member’s FranchiseeNetwork.com listing. All other rights to FranchiseeNetwork.com Materials are expressly reserved. The Company may, in its sole discretion but without any obligation to search for such, remove property listings that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Members who are alleged to have submitted property listings, Submitted Content or other information in violation of these binding Terms and Conditions. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Member who repeatedly or knowingly violates these binding Terms and Conditions. Member agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the FranchiseeNetwork.com website. No robot, spider or other automated service may be used to submit listings to the Service. The Company shall have the sole authority to choose the manner in which any property listing will be searched, displayed, accessed, viewed, downloaded, copied, and otherwise used on the FranchiseeNetwork.com website and Company shall have the right to modify the property listing in the exercise of its rights under these binding Terms and Conditions. While the Company will undertake reasonable efforts for data backup and business resumption, Member will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to FranchiseeNetwork.com. FranchiseeNetwork.com may add digital watermarks to certain parts of your property listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission. Member agrees that FranchiseeNetwork.com may adjust portions of the information contained within the Service (e.g., within property listings). Any such adjustments will have no material impact on the meaning and interpretation of property listings, but will serve as a means of uniquely identifying the property listings. Member accepts that this is a legitimate and lawful security precaution on the part of FranchiseeNetwork.com, and accepts further that in the event that any third party has access to property listings that can be identified as having such unique adjustments, this shall constitute a prima facie breach of security and of these Terms and Conditions.
You agree to treat all information obtained from the Service, including FranchiseeNetwork.com Materials, listings, member directory, and any information otherwise made available to You in the Service (individually and collectively, the “Content”) as proprietary to FranchiseeNetwork.com. You agree that Content reserved for Members will be maintained as confidential and shall be protected as a trade secret of FranchiseeNetwork.com. FranchiseeNetwork.com does not ensure the accuracy of, endorse or recommend any Content and You use such Content at Your own risk. You may view, access, or otherwise use the Content solely to obtain initial information from which further evaluation and investigation may commence.
Email addresses that a Member uploads to Marketing Tools are for Member’s use only; FranchiseeNetwork.com agrees not to use a Member’s Marketing Tools contact list.
You shall limit access to, viewing of, and use of active property listings and broker directory information to personal and internal use, and shall not use any information obtained from 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 any Content that is obtained from the Service, or that is otherwise made available to You in the Service, for or in connection with any other listing service or device. You further shall not use the Service in any other manner for or in connection with any other listing service or device. You shall not use the FranchiseeNetwork.com Service as part of any effort to compete with FranchiseeNetwork.com, including, without limitation, using the FranchiseeNetwork.com Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential FranchiseeNetwork.com customer, nor shall You remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the FranchiseeNetwork.com Service. You shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy FranchiseeNetwork.com products, services or information; decompile, decode or reverse engineer FranchiseeNetwork.com software; or use FranchiseeNetwork.com products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.
If a Member or an affiliate of Member owns franchise systems and intends to market them directly via the public FranchiseeNetwork.com marketplace and sites within its networks, such Member represents to FranchiseeNetwork.com that it either (a) markets or (b) markets properties for third parties where such third-party brokerage services account for more than twenty percent (20%) of the total revenues of the entity.
Customer agrees to pay for all products ordered through the FranchiseeNetwork.com website or via the FranchiseeNetwork.com sales team using the payment method indicated, and provides FranchiseeNetwork.com express authorization to charge said fees to the Customer’s payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of FranchiseeNetwork.com products, services, information, or deliverables (collectively “Deliverables”) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, FranchiseeNetwork.com may immediately cease to provide any and all Deliverables to the Customer. The fees do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Deliverables. At FranchiseeNetwork.com’s option, Customer shall pay such taxes or fees directly or pay to FranchiseeNetwork.com any such taxes or fees immediately upon invoicing by FranchiseeNetwork.com. FranchiseeNetwork.com is required to collect sales tax on purchases in select states. Recurring charges will include sales tax in accordance with applicable laws of your state. All cancellation and non-renewal requests by Customer will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the Customer’s email account on record with FranchiseeNetwork.com.
If Customer has a question about a cancellation, Customer should contact FranchiseeNetwork.com via email.
FranchiseeNetwork.com prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). You may not use the email services that FranchiseeNetwork.com offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. By using Marketing Tools, You agree to send email only to those who have given You consent or with whom You have an established business relationship. FranchiseeNetwork.com has the right to revoke the privileges of any party who breaches these terms.
In addition to any other termination rights permitted herein, FranchiseeNetwork.com reserves the right to terminate or suspend a Customer’s account upon a good faith determination of a violation of these binding Terms and Conditions or any material provision of another agreement between the parties or their affiliates. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of FranchiseeNetwork.com services, nonpayment of fees owed by you in connection with FranchiseeNetwork.com or its affiliates’ services, account inactivity or technical or security issues. Upon termination, FranchiseeNetwork.com shall have no obligation to maintain or forward any content in your account.
FranchiseeNetwork.com retains all rights (including Intellectual Property Rights as defined below), title and interest in the Service, the FranchiseeNetwork.com website, FranchiseeNetwork.com Materials, technology and brochures, Email Alert database, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. You will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of FranchiseeNetwork.com’s technology or delete or alter author attributes or copyright notices.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including, without limitation, (a) all rights associated with works of authorship including, without limitation, copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
IN NO EVENT SHALL FRANCHISEENETWORK.COM BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE YOU ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF FRANCHISEENETWORK.COM’S SERVICES, PRIVATE LISTING FUNCTIONALITY OR MEMBER’S FAILURE TO KEEP LOGIN AND/OR PASSWORD SECURE AND CONFIDENTIAL ARISING OUT OF THESE BINDING TERMS AND CONDITIONS. Your exclusive remedy, and FranchiseeNetwork.com’s entire liability under these Terms and Conditions shall be a refund of the fees paid to FranchiseeNetwork.com hereunder, and in no event will FranchiseeNetwork.com’s liability for any reason exceed such fee. FranchiseeNetwork.com (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer’s use of the Deliverables, and Customer shall indemnify FranchiseeNetwork.com (and FranchiseeNetwork.com’s officers, directors, employees and agents), and hold each of them harmless 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 other than Customer arising from Customer’s use or application of the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
THE LISTINGS, INFORMATION, AND FRANCHISEENETWORK.COM SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. FRANCHISEENETWORK.COM MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, OR FRANCHISEENETWORK.COM INFORMATION, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND FRANCHISEENETWORK.COM SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. FRANCHISEENETWORK.COM MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO FRANCHISEENETWORK.COM’S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM FRANCHISEENETWORK.COM’S WEBSITE, INCLUDING LISTINGS, SERVICE, AND FRANCHISEENETWORK.COM INFORMATION IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WAIVE ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FRANCHISEENETWORK.COM OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
You agree that FranchiseeNetwork.com shall have the right to use Listings and other information submitted to it for any purpose, including, without limitation, for publication of all or part of such Listing on the Internet. FranchiseeNetwork.com 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. FranchiseeNetwork.com shall have no obligation to (i) resolve disputes among Users, Members and/or Customers or (ii) monitor or verify the accuracy or proper use of the Listings. FranchiseeNetwork.com reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on FranchiseeNetwork.com's corporate website, located at http://www.FranchiseeNetwork.com.com.
If you believe that your work has been copied onto FranchiseeNetwork.com in a way that constitutes copyright infringement, please provide FranchiseeNetwork.com’s registered DMCA agent the written information specified below:
A description of the copyrighted work that you claim has been infringed;
Identification of the material you claim is infringing, including a description of where such material is located;
Your address, telephone number, and e-mail address;
A signed statement that the information in your notice is accurate, that you have a good-faith belief that the identified use is not authorized by the copyright owner, its agent, or the law; and under penalty of perjury, that that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Address for FranchiseeNetwork.com's DMCA registered agent:
Attn: General Counsel
7900 East Union Ave Suite 1100
Denver, Colorado 80237
We may forward any notice(s) of alleged infringement to the person(s) who provided the allegedly infringing content. Please note that this procedure is exclusively for notifying FranchiseeNetwork.com that your copyrighted material has been infringed
These binding Terms and Conditions, and the Deliverables provided by FranchiseeNetwork.com, shall be governed by the laws of Colorado, without reference to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of the Colorado for the adjudication of any disputes or claims arising out of and/or related to these binding Terms and Conditions. If any provision of these binding Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which shall remain in full force and effect.
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sub-licensed or otherwise transferred by Customer without the prior written consent of FranchiseeNetwork.com, which retains the right to withhold consent in its sole discretion.
The failure of FranchiseeNetwork.com to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, You agree that the remaining terms and provisions remain in full force and effect.
All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Member Services at FranchiseeNetwork.com.
Except as provided herein, the terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
Last Updated: December 11, 2019