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.
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.
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.
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.
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.
Collecting your Personal Information
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.
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.
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.
Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome)
(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera)
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer)
(e) https://support.apple.com/kb/PH21411 (Safari)
(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge)
For European Economic Area Residents
If you reside in a country in the European Economic Area (EEA), then under the GDPR and applicable data protection laws you have the rights, among other things, to access your personal data, have us erase it, and/or restrict its further processing. If you wish to access or delete your personal data (if any) maintained by us, you can contact us by clicking here.
We may collect your email address, but only if you voluntarily provide it to us. This may occur, for example, if you sign up to receive an email newsletter, or enter a promotion. If you have provided your email address to us, we promise to use it only for the purposes for which it is provided. We will not use your email address to contact you for unrelated reasons. You may opt out of such email communications at any time by clicking the “unsubscribe” button in the email. We will not share your email address with any third parties. If you are a resident of a country in the European Economic Area (EEA), please refer to the section below entitled “Additional Rights of EEA Residents.”
Additional Rights of EEA (European Economic Area) Residents
If you are a resident of a country in the EEA, you have the rights, among others, to:
(i) access your personal data
(ii) ensure the accuracy of your personal data
(iii) the right to have us delete your personal data
(iv) the right to restrict further processing of your personal data, and
(v) the right to complain to a supervisory authority in your country of residence in the event that data is misused
If you believe that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your residence, your place of work or the place of the alleged infringement. You may exercise any of your rights in relation to your personal data by contacting us here.
Sale of Business or Assets
In the event that the Site or substantially all of its assets is sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, or in the event of an insolvency, bankruptcy or receivership, the information we have collected about you may be one of the assets sold or merged in connection with that transaction.