Effective November 1, 2020
Please read these Terms of Service ("Terms") carefully. R.EA.L., LLC d/b/a FranchiseResales.com ("Company", "we", "us" or "our") provides an online marketplace for franchise buyers and sellers service (the "Service") accessible via our website located at franciseresales.com ("Website"). These Terms are a binding electronic contract between you, on behalf of yourself and the entity that you represent, and Company. By accessing, or using the Service or otherwise registering to use the Service made available by or on behalf of Company, you agree to be bound by these Terms. These Terms affect your legal rights and obligations, so if you do not agree to these Terms, do not use the Service.
Except for certain types of disputes described in the arbitration clause below, you agree that disputes between you and Company will be resolved by mandatory binding arbitration and you waive any right to participate in a class-action lawsuit or class-wide arbitration.
The information on this website does not constitute an offer to sell, or the solicitation of an offer to buy, a franchise. It simply lists information supplied by our advertisers about various operating franchised businesses that may be available for resale either by the seller, or a franchisor or broker/intermediary seeking to facilitate the transaction. The website may also display "wanted" listings of potential buyers of operating franchised businesses. We do not offer and sell franchises or businesses or otherwise assist in the sale.
Our role is to simply post the information we receive on our website. We do not review or confirm the accuracy of the information or verify it. We make no representation or warranty regarding its truth or accuracy or whether it is complete. We simply provide listings and information made available to us from those advertising on the website. You must do your own investigation of the business.
Franchises may only be offered and sold in compliance with applicable federal and state law, including franchisor compliance with applicable state registrations in those states that require it. We do not review, confirm or verify the existence or status of any franchise legal compliance.
Any listings on this website do not constitute an offering of the franchise by us or our agents or affiliates. Neither this website nor its listings have been reviewed or approved by any federal or state governmental or regulatory agency (domestic or international), including the California Department of Business Oversight.
We are compensated solely by fees for listing services. We do not otherwise assist in the sales process and are not compensated in any way from sales that may occur between users and customers of our website. Accordingly, we are not a franchise or business broker.
Modifications to These Terms
We may, at our sole discretion, revise these Terms from time to time. The most current version of these Terms will be made available to you within the Service. If we make material changes to these Terms, we will notify you via email or within the Website or Service by posting a conspicuous notice prior to the effective date of the changes. By continuing to access or use the Service after those changes become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you may cease use of the Service or otherwise terminate your account as set forth below.
We reserve the right to modify or terminate the Service or your access to the Service for any reason, at any time, and without liability to you. We have no responsibility or liability for any outcomes using the Service or any business decisions made based on the Service.
With the limited exception of individuals that are expressly authorized by their respective employers or business clients to create Accounts on behalf of their respective employers or clients, Company prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself. If you do create an Account or otherwise use the Service on behalf of an entity, you represent that you have the ability to bind such entity.
You also represent that all information you provide to Company upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
Your application to open an Account is an offer on your part to enter into a contract, which offer Company may reject. Furthermore, we reserve the right to refuse access to the Service to anyone for any reason at any time.
With respect to any franchise you list for sale through the Service (Listing) you represent that (i) you own or are the business representative of the franchise and have the legal authority to market and sell the franchise; (ii) the Listing is for an existing franchise location with an established customer base and revenue history that is available to be purchased if the buyer and seller can agree on terms; (iii) all information included in the Listing is accurate; and (iv) you will maintain the accuracy of the Listing.
We reserve the right to remove some or all of your Listings if you do not meet these requirements.
Only one Listing per franchise location is permitted. Once the Listing is uploaded, the address of the location cannot be changed. You are permitted to change or update or change information in the listing other than the address at any time.
Current fees are posted on our Website and may change from time to time without notice to you. All fees are considered fully earned when charged.
All listings have a 3 or 6 month minimum term (Minimum Term) which must be paid in advance. Although the user can cancel any time, payment for the Minimum Term is not refundable. At the end of the Minimum Term, the listing will automatically renew on a month to month basis at the agreed monthly rate (the Monthly Fee). The Monthly Fee will be charged each month in advance and will remain in effect until the listing is canceled. Once canceled, no further Monthly Fees will be incurred.
You may remove the listing at any time through the "Edit My Listings" function on your dashboard. Once the listing is removed there will be no additional charges beyond the removal date. Fees already incurred will not be refunded.
Payments and fees are non-refundable and must be received in full prior to activation of your Account and access to the Service. We have no responsibility or liability if the applicable financial institution declines your payment, however, we will notify you if your payment is declined.
Company will pass through and/or charge you any applicable sales or transaction taxes arising from your use of or registration for the Service. Company reserves the right to change the manner in which it calculates such taxes to meet changing tax obligations without notice. If Company discovers that taxes were computed or collected incorrectly, you will be obligated to remit such additional taxes found to exist to Company upon demand.
Use of Your Account
If you elect to set up an Account, you do not have any ownership or other property interest in your Account. Your Account and all rights in your Account are owned by Company. However, subject to your compliance with these Terms, you are allowed to use your Account as set forth in these Terms. You may not sell, transfer, license or assign your Account, username, or any Account rights. You are responsible for keeping your password secret and secure.
You are responsible for any activity that occurs through your Account and any data charges and/or SMS charges you incur through use of the Service. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, works of authorship, applications, links and other content or materials that you submit or otherwise use via the Service (collectively, "Content"). You agree not to provide any Content unless you have all necessary rights, consents and/or authorizations from the appropriate parties.
We may, but have no obligation to, remove, edit, block, and monitor Content or accounts containing Content that we determine, in our sole discretion, violates these Terms. You understand and agree that Company cannot and will not be responsible for the Content submitted to the Service and you use the Service at your own risk. By accessing or using the Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
- Use the Service for any purpose that is illegal, unauthorized, beyond the scope of its intended use, or engage in, encourage, promote, advocate or assist any third party in any activity that violates these Terms or is otherwise prohibited in these Terms or the terms of any third party that govern a particular Service;
- Interfere with or disrupt servers or networks used by Company to provide the Service or used by other users to access the Service, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user's full use and enjoyment of the Service;
- Intercept, examine, monitor or otherwise observe any proprietary communications protocol used by a device, a client or a server communicating with the Service, whether through the use of a network analyzer, packet sniffer or other device or software, unless expressly authorized by the company;
- Use any robot, bot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Service or to extract data;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or circumvent measures employed to prevent or limit access to any area, content, or source code of the Service;
- Use or attempt to use another user's account without authorization or otherwise impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Attempt to compromise any security measures or circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Service that you are not authorized to access;
- Attempt to represent in any manner that you have a relationship of any kind with us or that we have endorsed you or any products or services without our express written consent to do so;
- Submit or use any Content that is unlawful or otherwise infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
- Reproduce, duplicate, copy, buy, sell, trade, resell or exploit for any commercial purpose any portion of the Service, including your Account, Company Materials or access to or use of the Service or Company Materials without our prior written consent; and
- Develop any third party applications that interact with the Service or Company Materials without prior written consent from Company.
Term and Termination of Your Account
These terms will continue until you cease all access to the Service.
You can deactivate your Company Account within the settings of the Service or by requesting the deactivation of your account at: firstname.lastname@example.org. Your Account will also terminate if you do not authorize the payment of any necessary fees for your Account tied to the Service, or if your payment is not authorized by your applicable financial institution for the necessary payment. In such an instance you may still be able to access the Free Service, subject to your compliance with these Terms.
We may also terminate your access to the Service if we believe you have materially breached these Terms or your use of the Service otherwise presents any legal or other risk to Company or any third party.
Upon termination, all licenses and other rights granted to you in these Terms will immediately cease and your Content and any models you may have generated using the Service will no longer be accessible through your Account.
Your Content. Company does not claim ownership of your Content. As between you and Company, you retain ownership of any intellectual property rights that you hold in your Content. By posting Your Content to or through the Service, you grant Company an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sub-licensable, and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display your Content.
Company Materials. Unless otherwise stated, the Service and all materials contained on or within the Service are provided by Company, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, and written and other materials (collectively, "Company Materials"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws.
Subject to your compliance with these Terms, Company grants you a limited, nonexclusive, non-sub-licensable license to access and use the Service and Company Materials. This license is revocable at any time as further contemplated by these Terms. You may not:
- distribute, publicly perform or publicly display any Company Materials;
- modify or make any derivative uses of the Service or Company Materials, or any portion thereof;
- Download any portion of the Service, Company Materials, or any information contained therein, except as expressly permitted by the Service;
- copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Company Materials, the Service, the Application the Website or any related software, except as expressly stated in these Terms; or
- use Company Materials in any manner except as necessary to use the Service as provided by Company.
Company does not grant you any other right or license to use the Company Materials. Unauthorized use of Company Materials is a violation of these Terms, which may result in the termination of your Account, and may constitute a violation of applicable federal and state laws.
Feedback. You agree that submission of feedback, suggestions, ideas, or other information or materials regarding Company or the Service that you provide, whether by email or otherwise ("Feedback") is at your own risk and that Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re- format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sub-license the foregoing rights, in connection with the operation and maintenance of the Service.
Disclaimer of Warranties
The Service, including, without limitation, Company Materials, and any website used to access the same, are provided "as is", "as available" and "with all faults". To the fullest extent permissible by law, neither Company, our shareholders, employees, managers, officers, and agents, (collectively, the "Company Parties") make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Service; (b) the Company Materials, including any website; (c) Content or third party content; or (d) security associated with the transmission of information to Company or via the Service. In addition, the Company Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
The Company Parties do not represent or warrant that the Service will be error-free or uninterrupted; that defects will be corrected; or that the Service or the server that makes the Service available is free from any harmful components, including, without limitation, viruses. The Company Parties do not make any representations or warranties that the information (including any instructions) on the Service is accurate, complete, or useful. You acknowledge that your use of the Service is at your sole risk. The Company Parties do not warrant that your use of the Service is lawful in any particular jurisdiction, and the Company Parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction's law is applicable to you and these Terms.
The Company Parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Content.
You warrant and represent that you will comply at your expense with all federal, state, foreign, and local statutes, rules, regulations, ordinances, directives, and orders of any governmental body or agency that apply to you or your business or use of the Service.
By agreeing to these Terms you agree to indemnify, defend, and hold harmless any and all Company Parties from and against any and all charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) incurred as a result of or arising from any claim, complaint, allegation, lawsuit or demand arising out of or relating in any way to (a) your access to or use of the Service; (b) Your Content or any content posted, uploaded, used, distributed, stored, or otherwise transmitted through your Account; (c) your violation of these Terms; (d) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or propriety right; or (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.
Limitation of Liability
Except where prohibited by law, in no event will Company or the Company Parties be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the Service; (b) the provision of the Service or any materials available therein; or (c) the conduct of other users of the Service, even if Company has been advised of the possibility of such damages. You assume total responsibility for your use of the Service. Your only remedy against Company for dissatisfaction with the Service or any content is to stop using the Service. Notwithstanding the foregoing, in no event will Company's liability to you for any damage or loss that arises out of or is in any way connected with these Terms or your use of the Service or any Content or Company Materials, exceed the fees paid by you to Company in the previous six (6) months, even if such amount should fail of its essential purpose. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Third party Sites and Materials
There may be links from the Service, or from images or content within the Service, to third party websites or features. We do not control, maintain or endorse any content or materials provided by any third party. If you choose to access such third party websites or materials you do so at your own risk. We encourage you to visit the terms and policies applicable to such websites and materials.
If you are a copyright owner, or an authorized agent of a copyright owner, and believe your copyrighted work has been posted on the Website without your authorization, you may notify us in accordance with the notice requirements of the Digital Millennium Copyright Act (DMCA) at the address listed below.
Arbitration Agreement; Class Waiver; Waiver of Trial By Jury
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH COMPANY AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
All claims and disputes between the parties that cannot be resolved informally must be resolved by binding arbitration on an individual basis under the terms set forth below (the "Arbitration Agreement"). Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of the other party's intellectual property or other proprietary rights, the non-breaching party may immediately resort to court proceedings in a court of competent jurisdiction as set forth below in order to seek immediate equitable relief without posting of a bond, proof of damages or other similar requirement.
This Arbitration Agreement applies to you and Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Service provided under the Terms.
The arbitration will be conducted by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (the "Rules"). You agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.
Any final award may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration. Any such arbitration will take place at a location within the United States federal judicial district identified below and will apply the substantive law set forth below. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION.
This provision will survive the termination of your relationship with Company.
You agree that any claim you may have arising out of or related to your relationship with Company must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
A lawsuit, if any, by you or Company against the other will occur in state or federal court in Hillsborough County, Florida. You and Company agree that the jurisdiction and venue of these courts is exclusive.
Any dispute between you and Company will be governed by the laws of the State of Florida and applicable United States law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any other questions or concerns regarding these Terms, please contact us by email at email@example.com
or by mail at:
2414 Avenue A
Bradenton Beach, Florida 34217