Last Modified: August 3, 2018
Purpose of These Terms of Use
The terms of use set out here (collectively, the “Terms”) have been established by FranSave, LLC (the ”Company,” or “We”) to govern all access to and all use of the Company’s websites, including, but not limited to, fransave.com (the “Website”), together with any documents incorporated by reference and any content, functionality, and/or services offered on or through such Website, including the Referrals, Transactions and Fees (as each is defined below). The Website is intended to promote and deliver the services and products of the Company (“Services”) to guests and registered users of the Company (“You” or “Your”) and not for any other purpose whatsoever. Access to or use of the Website in violation of these Terms is unlawful.
Referrals of Franchises and Other Business Opportunities
The Services include the identification of franchises and other business opportunities for which the Company determines that You may be an interested buyer and Your referral by the Company to the franchisor or other seller of such business as a potential franchisee or buyer (each, a “Referral”).
In the case of any sale resulting from such Referral (each, a “Transaction”), You acknowledge and agree that the Company shall act as a referral source and does not represent You, the franchisor or seller in such Transaction. The Company shall receive a referral fee (each, a “Fee”) in respect of such Transaction. The Company will agree to pay You a portion of the Fee if all of the following conditions are met: (a) the Company received a Fee from the franchisor or other seller at issue; (b) the Transaction is completed within ninety (90) days from the date You registered with the Website; and (c) You have neither registered with a franchisor or other seller directly nor have had a broker (or other similar sales representative) register You on Your behalf. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL RESULT IN ANY REFERRAL OR THAT ANY REFERRAL WILL RESULT IN ANY TRANSACTION.
The Company is not a franchise seller and is neither offering nor selling franchises through the Website or via any other means. An offer for a franchise may be made by prospectus only. The Company refers candidates to franchise sellers that may elect to sell a franchise to a candidate. Certain states require that those franchise sales may not take place until the franchise seller has complied with the state’s registration and disclosure requirements.
Acceptance of the Terms of Use
Please read the Terms and the Company’s privacy policy (the “Privacy Policy”) carefully before accessing or using the Website.
By accessing or using the Website (other than to review the Terms or the Privacy Policy), You accept and agree to be bound by and abide by this Privacy Policy.
If You do not agree to accept and abide by the Terms or the Privacy Policy, You must exit after reviewing the Terms and Privacy Policy and may not thereafter access or use the Website.
Changes to the Terms of Use
The Company may revise and update these Terms from time to time in its sole discretion. All changes will be effective immediately when posted on the Website and will apply to all access to and use of the Website thereafter.
You should review the Terms and the Privacy Policy before each time You access or use the Website.
If You do not agree to abide by the Terms or the Privacy Policy as revised, You may not access or usethe Website.
Accessing the Website and Account Security
You expressly agree that: (a) the Company may eliminate or limit access to or use of the Website, and any content, functionality, and/or services, including the Services, at any time and in its sole discretion without notice; and (b) the Company will not be liable if, for any reason, the Website, or any part of the Website, is unavailable at any time, or for any period of time. From time to time, we may restrict Your access to some parts of the Website, or the entire Website.
You are responsible for making all arrangements necessary for You to have access to the Website and ensuring that all persons who access the Website through Your internet connection are aware of these Terms of Use and comply with them.
To access the Website or any of the Services, You may be asked to provide certain details or other information, including Personally Identifiable Information (“Personal Information”). Additionally, if You apply to use some of the Services delivered on or through the Website, You may be asked to disclose confidential information (“Confidential Information”). By registering or requesting any Services on or through the Website, You expressly agree that all information that You provide, including but not limited to, through the use of any interactive features on the Website, will be governed by our Privacy Policy, and You consent to all actions we take with respect to Your Personal and Confidential Information consistent with the Company’s then-current Privacy Policy.
Your Warranties on Information that You Provide
You expressly represent and warrant to the Company that all information, including Personal Information and Confidential Information, which You provide to the Company on or through the Website, at any time, is correct, current, and complete. You expressly authorize the Company to take steps that it deems reasonable, in its sole discretion, to verify the accuracy, currency and completeness of such information and to remove or block access to information that it deems in its sole discretion, to be incorrect, outdated or incomplete.
Use of User Names and Passwords
If You choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to the Website or portions of it using Your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
The Company has the right to disable any user name, password, or other identifier, whether chosen by You or provided by us, at any time, in our sole discretion, for any or no reason, including if, in the Company’s opinion, You have violated any provision of these Terms.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by theCompany, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not (a) modify copies of any materials from the Website; (b) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website; or (d) except as may be required to use the Services, access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, Your right to use the Website will stop immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Trademarks
The Company’s trade names, including “FranSave,” the Company’s trademarks, and all related names, logos, product and service names, designs, and slogans are the sole and exclusive property of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, and slogans used on the Website are the trademarks of their respective owners.
Website for Personal Use Only
These Terms permit You to use the Website for Your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: (a) Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials; (b) You may store files that are automatically cached by Your Web browser for display enhancement purposes; (c) You may print or download one copy of a reasonable number of pages of the Website for Your own personal, non-commercial useand not for further reproduction, publication, or distribution; (d) if the Company provides desktop, mobile, or other applications for download, You may download a single copy to Your computer or mobile device solely for Your own personal use, provided You agree to be bound by our end user license agreement for such applications; (e) if we provide social media features with certain content, You may take such actions as are enabled by such features.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:(a) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (c) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms; (d) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (e) to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or (f) to engage in any other conduct that restricts or inhibits anyone’s useor enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Websiteor expose them to liability.
You further agree not to: (a) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; (b) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (c) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (d) use any device, software, or routine that interfere with the proper working of the Website; (e) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (f) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (g) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (h) otherwise attempt to interfere with the proper working of the Website.
User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution You post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, You grant the Company and its affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that: (a) You own or control all rights in and to the User Contributions; (b) You have the right to grant the license granted above to the Company and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (c) all of Your User Contributions do and will comply with the Content Standards and these Terms.
You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
The Company is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by You or any other user of the Website.
Monitoring and Enforcement; Termination
The Company has the right to: (a) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Websiteor the public, or could create liability for the Company; (c) disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and (e) terminate or suspend Your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards; Removal of Information
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not (a) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, (c) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and/or our Privacy Policy; (e) be likely to deceive any person; (f) promote any illegal activity, or advocate, promote, or assist any unlawful act; (g) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (h) impersonate any person, or misrepresent Your identity or affiliation with any person or organization; (i) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or (j) give the impression that they emanate from or are endorsed by the Company or any other person or entity, if this is not the case.
The Company reserves the right to remove any information from the Website, including, Personal Information, Confidential Information or User Contribution, that it determines, in its sole discretion, to violate the Content Standards. Users and others may request the removal of information which they believe to violate Content Standards at abuse@fransave.com.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
The Company’s Privacy Policy
All information we collect on the Website is subject to the Company’s Privacy Policy. By using the Website, You consent to all actions taken by the Company with respect to Your information in compliance with the Privacy Policy.
Linking to the Websiteand Social Media Features
You may link to the Company’s homepage, provided You do so in a way that is fair and legal and does not damage the Company’s reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the Company’s part without the Company’s express written consent.
The Website may provide certain social media features that enable You to link from Your own or certain third-party websites to certain content on the Website, send emails or other communications with certain content or links to certain content on the Website, or cause limited portions of content on the Website to be displayed or appear to be displayed on Your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, You must not establish a link from any website that is not owned by You, cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking, link to any part of the Website other than the homepage, or otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms.
The website from which You are linking, or on which You make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in the Company’s discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for Your convenience. This includes links contained in advertisements, including banner advertisements and sponsored links. The Company has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from Your access to or use of them. If You decide to access any of the third-party websites linked to the Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the Commonwealth of Pennsylvania in the United States. The Company provides the Website for use solely by persons over the age of eighteen (18) years located in the United States. The Company makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on Your own initiative and are solely responsible for compliance with the laws of such jurisdictions.
Disclaimer of Warranties
You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Company’s site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE COMPANY’S SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Termsor Your use of the Website, including, but not limited to, Your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms or Your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania and Montgomery County, Pennsylvania although the Company retains the right to bring any suit, action, or proceeding against You for breach of these Terms in Your state of residence or any other relevant jurisdiction. You expressly agree to waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
The Terms and our Privacy Policy and all documents incorporated by reference constitute the sole and entire agreement between You and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
The Website is operated by FranSave, LLC, 640 Freedom Business Center Drive, King of Prussia, Pennsylvania 19406. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@fransave.com.