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TERMS AND CONDITIONS


Welcome to the Franchise Leader™ website (the "Site"). Franchise Leader™ and its affiliates provide their products and services to you subject to the terms, conditions and notices contained in this Terms and Conditions ("Agreement").

Acceptance of Terms

Failure to abide by the following terms, conditions or notices will prohibit your use of this Site or to conduct business with Franchise Leader™. By using this Site, you are indicating your acceptance to be bound by these terms, conditions and notices. We reserve the right to make changes to our Site and Agreement at any time without notice to you. Please visit this page periodically to review the Agreement because they are binding to you.

Use of Site Content

The contents of this Site, and of all other sites under the control of Franchise Leader™, whether partial or otherwise such as text, graphics, images, logos, button icons, software, audio and video clips and other Site content (collectively, "Site Content"), are protected under both United States and foreign copyright, trademark and other laws. All Site Content is the property of Franchise Leader™ or its content suppliers or clients. The collection, arrangement and assembly (compilation) of all content on this Site is the exclusive property of Franchise Leader™ and protected by U.S. federal, state and international copyright laws. Any unauthorized reproduction, modification, distribution, transmission, republication, display or performance of the content and software on this Site, or of any products or services sold by Franchise Leader™, is strictly prohibited. By submitting any information or other material to us, you automatically grant Franchise Leader™ a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, create derivative works, and distribute such materials or portions of such materials in any form or medium known or later developed. You shall not copy or adapt the HTML code that Franchise Leader™ creates to generate any Site Content. It is also protected by Franchise Leader™'s copyright.

Limitations of Liability

Franchise Leader™ acts as a venue. This Site acts as a venue and is provided on an "as is" basis for sellers to list businesses for sale and buyers to express interest in these businesses. Franchise Leader™ is not involved in the actual transaction between buyers and sellers. As a result, Franchise Leader™ has no control over the quality, safety, legality or regulatory compliance of any transaction they enter into, the truth or accuracy of the listings, the ability of sellers to sell businesses listed or the ability of buyers to buy businesses they express interest in. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Site.

Because user authentication on the Internet is difficult, Franchise Leader™ cannot and does not confirm each user's assumed identity. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Site, in the event that you have a dispute with one or more users, you release Franchise Leader™ (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

We are under no legal obligation to, and generally do not, control the information provided by other users, which is made available through the Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Site.

The Site Content may contain inaccuracies or typographical errors. Franchise Leader™ makes no representations about the accuracy, reliability, completeness, or timeliness of any material in the Site Content. The use of our Site and the Site Content is at your own risk. Changes are periodically made to the Site and may be made at any time.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any business listing or material contained therein placed by you on the Site. Sellers are solely responsible for their postings on the Site.

Franchise Leader™ DOES NOT WARRANT THAT ANY SITE PAGES WILL OPERATE ERROR-FREE OR THAT ANY SITE PAGE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY SITE PAGE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Franchise Leader™ IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE PAGES AND SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Franchise Leader™, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. Franchise Leader™ MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages

IN NO EVENT SHALL Franchise Leader™, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY SITE PAGE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY SITE PAGE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Franchise Leader™ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Other Web Sites and Services

Our Site contains links to third party web sites. Franchise Leader™ is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party web sites, you do so at your own risk.

Refund Policy

Franchise Leader™ is in no way obligated to refund any money for any service purchases after the actual service has been activated or implemented. All sales are final, and all fees are non-refundable and non-transferable.

Termination

Franchise Leader™ reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your listings from this Site and immediate termination of your registration with or ability to access this Site and/or any other service provided to you by Franchise Leader™ upon any breach by you of this Agreement or if Franchise Leader™ is unable to verify or authenticate any information you submit to the Site.

Indemnity

You agree to defend, indemnify, and hold harmless Franchise Leader™, subsidiaries, affiliates, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by a third party alleging or resulting from your use of the materials or your breach of the terms of Agreement.

Arbitration

Any controversy or claim arising out of or relating to this Agreement or our products or services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

General

Franchise Leader™ makes no claims that this Site and Site Content may be lawfully viewed or accessed outside of the United States. Access to the Site and Site Content may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The laws of the State of California govern this Agreement, without giving effect to any principles of conflicts of laws. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Site, this Agreement constitute the entire agreement between you and Franchise Leader™ with respect to the use of the Site.



PRIVACY POLICY

At Franchise Leader™, we are committed to protecting the privacy of our users. This policy was developed to promote trust and confidence in our Site. Franchise Leader™ is not responsible for the content or privacy practices of third party websites to which www.franchiseleader.com may link. This Privacy Policy applies solely to the information we collect on the Franchise Leader™ website (the "Site"), and would not apply to information we collect in any other fashion. By using this Site, you agree to the terms of the Franchise Leader™ Privacy Policy. Franchise Leader™ reserves the right to change, modify, or update this statement at any time without notice.

Collecting your Personal Information

In general, you can visit our Site without divulging any personal information. Information is gathered when you choose to become a Registered User. As a Registered User, you could list a business for sale, express interest in a business listing, and use materials and other services on the Site. The information allows us to provide users with private and secure areas to post and modify their original content on our Site. We will request personal information from you such as your name, e-mail address, telephone number, fax number, as well as information about your business for sale. We collect personal information from users on a voluntary basis only. Your personal information will not be shared unless you choose to disclose it or otherwise as set forth in this Privacy Policy. All information provided by you will be stored in a secure manner.

Please keep in mind that if you post any of your personal information in public areas of Franchise Leader™ such as in our business exchange or message boards, such information may be collected and used by others who Franchise Leader™ has no control over.

We may also gather information as part of our analysis of use on our Site, such as which areas you visit and what services you access. This data enables us to become more familiar with which individuals visit our Site, how often they visit, and what parts of the Site are visited most often. There is information about your computer hardware and software that may be collected by Franchise Leader™. This information can include without limitation your IP address, browser type, domain names, access times and referring website addresses.

Use of your Personal Information

We use the information collected on our Site, whether personal, demographic, or technical for the purpose of operating and improving our Site. Information we collect is also used to customize your experience on our Site. We may use this information to alert you to products and services available from Franchise Leader™ or from our affiliated companies. We would not disclose to a third party the fact that your business has been advertised for sale, other than displaying your advertisement on our website as well as on any affiliated partner sites that we choose.

We will not disclose your personal, demographic information, or information about your site usage to third parties except as set forth in this section of the Privacy Policy. We may disclose such information to companies and individuals we employ to perform functions on our behalf, such as hosting our web servers, analyzing data, and providing marketing assistance and customer service. These companies will have access to your personal information as necessary to perform their functions but will not share that information to a third party. If legally required to disclose such information, we will do so if requested by a governmental entity or if we believe in good faith that such action is necessary to conform to legal requirements or comply with legal process; protect the rights of property of Franchise Leader™ or its affiliated companies; prevent a crime or protect national security; or protect the personal safety of users or the public. We may disclose such information to a third party who acquires all or a substantial portion of Franchise Leader™'s business.

We may contact you via e-mail or other means of communication to provide you with information about Franchise Leader™'s products and services, updates regarding the Franchise Leader™ website, such as additional listings which may be of interest to you. To provide you with co-branded services, we may share your information with our partners. If you prefer to not receive such information, you can let us know at the time you become a Registered User. You may also edit your user information at a later time. However, Franchise Leader™ reserves the right to limit Registered Users to those who provide the requested information and accept our terms and condition of use and legal disclaimer as well as our privacy policy.

Control and Access to your Personal Information

You may at any time view, update, edit or delete the information you have provided to Franchise Leader™ by accessing the User Registration page and following the instructions accordingly. If you delete some information, it may continue to be stored for archival purposes.

Security of your Personal Information

Franchise Leader™ has implemented reasonable and current Internet security methods and technologies designed to secure all our transactions and personal information from accidental loss and unauthorized access, use, alteration or disclosure. We install firewalls and use password protection and encryption techniques where appropriate. While we endeavor to protect your personal information, we cannot guarantee the security of any information you transmit to us.

Use of Cookies

Franchise Leader™ uses "cookies" to help customize and maximize your online experience. Cookies are small text files that are placed on your computer's hard drive by a Web page server. Cookies are not used to run programs or deliver viruses to your computer nor is it used to retrieve any information about you from your computer that you have not voluntarily given to us. Cookies are a time saving feature used to submit your requests. Through the use of our cookies, we can deliver faster and more accurate results and a more personalized site experience. When you return to the Franchise Leader™ site, the information you had provided previously can be retrieved so you can easily use the features you customized. You may also receive cookies when you link to our partners' sites or when you click on banner ads provided on our Site. You could edit your browser to accept or decline cookies. If you choose to decline cookies, the features of our Site may not function properly and negatively impact your experience on our Site.



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