General Terms and Conditions
The submission of information to, and use of, the business listing service ("Service") available through the FindAFranchise web site (located at http://www.FindAFranchise.com) is subject to the following terms and conditions. BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and FindAFranchise, an operating division of LoopNet, Inc. (“FindAFranchise” or the "Company").
Company utilizes email as a vital and primary communication channel with customers. As a registered user, Customer hereby acknowledges and grants Company permission to communicate with customer via email (as well as other communication channels such as phone and fax) for any purpose Company determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Company will use best efforts to honor Customer’s request to opt out of marketing messages, but under no circumstances will Company have any liability for sending any email to its registered users/customers. Company assures customer that under no circumstances will it knowingly share personal and/or email information with any third party.
Use of Information
Customer agrees to treat all information obtained from the Service, including franchise listings and any other information otherwise made available to Customer in the Service (individually and collectively, the “Content”) as proprietary to Company. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Company. Company does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the Content solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of Content to personal and internal use, and shall not use Content obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce Content obtained from the Service for or in connection with any other listing service or device. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed an excessive use fee of $500.
Customer agrees to pay for all products ordered through the FindAFranchise web site, or via the FindAFranchise sales team or client services personnel using the payment method indicated and provides Company express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of FindAFranchise 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, Company may immediately cease to provide any and all Deliverables to the customer. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the month. Fees paid for business listings and other products are not refundable. No partial month refunds will be provided.
If Customer has a question about cancellation, Customer should contact FindAFranchise Client Services at firstname.lastname@example.org or at 888-280-3815. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.
It is the Customer's responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made by contacting FindAFranchise Client Services at email@example.com or at 888-280-3815. FindAFranchise does not validate all credit card information required by the Customer's payment provider to secure payment.
The Customer must notify FindAFranchise about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to FindAFranchise's attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies.
Unsolicited Commercial Email (Spam)
Company prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the email services that Company offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. Company has the right to revoke the privileges of any customer or company that breaches these terms.
FindAFranchise reserves the right to terminate a Customer's membership at any time without prior notice with or without cause. 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 FindAFranchise services, nonpayment of fees owed by you in connection with FindAFranchise services, account inactivity or technical or security issues. Upon termination, FindAFranchise shall have no obligation to maintain or forward any content in your account.
Ownership and License Grant
Company retains all rights (including Intellectual Property Rights, as defined below), title and interest in the FindAFranchise Web site and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer 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 Company's technology or delete or alter author attributes or copyright notices. Customer shall use the FindAFranchise system solely for their own use and shall not allow others to use the FindAFranchise system under or through that Customer's login ID/email and password.
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.
Limitation of Liability and Indemnification
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy, and Company's entire liability under this Agreement shall be a refund to Customer of the fees paid to Company hereunder, and in no event will Company's liability for any reason exceed such fee. Company (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 Company (and Company'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 Services or 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 AND SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMPANY MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, RECENTSALES INFORMATION, OR FINDAFRANCHISE MARKET REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND FINDAFRANCHISE 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. FINDAFRANCHISE MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO FINDAFRANCHISE'S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM FINDAFRANCHISE'S WEB SITE, INCLUDING LISTINGS, SERVICE, RECENTSALES INFORMATION AND FINDAFRANCHISE MARKET REPORTS IS ACCESSED AT CUSTOMER'S OWN DISCRETION AND RISK, AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO CUSTOMER'S 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 FINDAFRANCHISE 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.
Links to Third Party Sites
Other Rights of Company
Customer agrees that Company shall have the right to use information submitted to it for any purpose, including without limitation for publication on the Internet for unrestricted use by FindAFranchise customers and partners. Company shall have sole authority to refuse Services to anyone at any time in its sole discretion. Company shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Franchise Directory. Company 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 Company's corporate web site at http://www.findafranchise.com/terms-of-use/.
If you believe that your work has been copied onto FindAFranchise in a way that constitutes copyright infringement, please provide FindAFranchise's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying FindAFranchise that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on FindAFranchise, with identifying information for the listing, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Address for FindAFranchise's copyright agent:
181 W. Huntington Drive, Suite 208
Monrovia, CA 91016
Attn: Maribeth Mann
Phone: (800) 725-3872 ext. 5017
We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content.
Brokers and Agents
Any Customer who identifies himself or herself as a broker or agent on the FindAFranchise web site member registration form or otherwise purports to be a broker on FindAFranchise’s web site hereby represents and warrants that Customer is validly licensed as a broker and is in compliance with applicable broker requirements in all jurisdictions in which Customer is required to be licensed. The Company may, in its sole discretion, terminate the accounts of, and refuse services to, any Customer who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such Customer is not a licensed broker. FindAFranchise does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the web site. It is your responsibility to confirm the licensed status of any brokers listed on the FindAFranchise web site.
This Agreement, and the Deliverables provided by FindAFranchise, shall be governed by the laws of the State of California, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Los Angeles County, California for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, 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, sublicensed or otherwise transferred by Customer without the prior written consent of FindAFranchise, which retains the right to withhold consent in its sole discretion.
Waiver and Severability
The failure of FindAFranchise 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, Customer agrees 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 General Manager at FindAFranchise.
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.
FRANCHISE DIRECTORY PROVISIONS
The following provisions of FindAFranchise's Terms and Conditions are specifically and only applicable to Franchise Directory:
FindAFranchise's Franchise Directory provides Leads (as defined herein) to Customer on a cost per lead or fixed fee basis. Franchise Directory customers are billed a one-time set-up fee, and for leads delivered on a monthly basis. The one-time set-up fee includes the creation of an online brochure (from content provided by Customer) and one round of revisions prior to the brochure being posted on the site. Any subsequent revisions, prior to launch, will incur additional fees. The Customer's credit card is charged for leads received after Customer has had a chance to review lead information, generally by the 5th business day of the following month.
A “Lead” is defined as: a user who submits information to be contacted by the sponsor franchise, and such user includes its (i) first and/or last name, (ii) mailing address or desired location, (iii) phone number and/or email address, and (iv) user available capital. All Lead submissions to Franchise Directory sponsors are executed by the party submitting the Lead. It is the policy of FindAFranchise to not resell Leads to other third parties.
Customers will not be billed for Leads that are: (a) located outside of the 50 United States, or (b) are duplicates of Leads received during the same month for the same franchise concept, or (c) include demonstrably invalid information for both phone number and email address. FindAFranchise will utilize its best efforts to review the validity of Leads.
Cancellations may be made at any time, but are effective at the end of the month when notice of cancellation is received. Cancellations must be received by either email or in writing.
Last Updated: December 2, 2010