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Welcome to OpenAFranchise.com
Please be sure to carefully read all of the Terms of Use and
Disclaimers outlined on this page prior to use of this site.
The use of this website and/or doing business with us signifies
that that you agree with and fully understand these terms of use
and disclaimer. If you do not agree with these terms or
disclaimer then you are not permitted to use this website or to
do business with us. We suggest that you hire an attorney if you
need assistance understanding our terms of use or disclaimer
prior to using the website or purchasing any of our services.
The use of this website or its services signifies that you
accept all risks and OpenAFranchise.com, its directors,
management, owners, officers, or employees are not responsible
for any loss, damages, legal consequence, or anything that may
result from the use of the site or its services.
Listing Services
Listing services provided by us are provided "As Is". Clients of
any of these services are responsible for the information posted
on the site and are responsible for monitoring and managing
their own accounts. In no way are we responsible for this
information. Purchasers or users of these services also agree
that all information provided to us or posted on this website is
accurate and is in no way misleading. It is the full
responsibility of the advertiser to monitor this information. We
reserve the right to modify, change, reject, delete, or update
any information provided on the site by a listing service or
advertising client. We also reserve the right to modify,
upgrade, or change our listing service(s) features in any way
with or without notice. We also reserve the right to forward
contact information from individual businesses who post
businesses for sale on our website to business brokers,
attorneys, merger and acquisition professionals, or other
related service providers.
Business Brokers, Agents, Buyers, Independent Sellers,
Franchise Companies, Attorneys, and all other Site Advertisers
We operate
a lead generating advertising service. Business brokers, agents,
business buyers, independent business sellers, franchise
companies, attorneys, and all other listings found on this
website are simply advertising purchasers, listing service
purchasers, or other advertising clients and are not employed by
or otherwise affiliated with us. We are in no way responsible
for their actions, representations, or business dealings. We
reserve the right to identify these service clients as
"members", "subscribers", "affiliates", "advertisers" or any
other related description. Business brokers, agents, franchise
companies or other intermediary's who post business for sale
listings for their clients or companies on our website assume
all responsibility for these listings and acknowledge that they
have the authority, granted by their client, to post these
listings.
Site Users
All site users and service customers agree and understand that
we are not providing any legal, accounting, or business advice
relating to the purchase or sale of any business, the hiring of
any service advertiser, or the purchase of any products
advertised on the website. We strongly recommend that all users
consult with a qualified third party not associated with us
prior to engaging in any of these activities. We are merely a
lead generating advertising service for our clients.
Non Disclosure Agreement
Site users, advertisers, and broker & agent members
are required to keep all dealings between us and themselves
strictly confidential. Site user acknowledges that the sharing
of any information, gathered as a result of using our online
service, with others could negatively impact our business. Site
user agrees to be held responsible for any financial damages
that we may incur as a result of this type of behavior. Any
monetary damages will be determined and set by us. Employees of
other industry related franchise or business for sale sites and
businesses are not allowed to use our site under any
circumstance without our express written consent. If you do not
agree with our Non Disclosure Agreement terms then you are not
permitted to use our services under any circumstance.
Payment of Services - Subscriptions
Payment of services is due prior to the activation of any
advertising service. According to the periodic billing plan you
choose, all Franchise Company, Business Broker, Agent, and Legal
Directory membership accounts/listings are considered
subscriptions that will be billed to your credit card on an
ongoing basis. To cancel any subscription prior to additional
billing, simply contact us at
info@openafranchise.com
Pricing for these memberships is subject to change with or
without notice. It is the responsibility of the
advertising/subscription/membership/listing purchaser to cancel
their advertising to avoid any additional periodical
subscription charges. Declined credit card authorizations, bad
checks, or bad payments may be subject to a service fee that
will be determined by us. We reserve the right to increase
prices for any of its listing services, membership services, or
other products at any time with or without notice. It is the
subscriber/members responsibility to monitor the current prices
on our website for our listing services and to cancel their
subscription/membership if they do not wish to pay.
Refund Policy
We are in no way obligated to refund any money for any service
purchases after the actual service has been activated or
implemented.
Collection Of Information
All primary contacts for advertisers on our site will be
automatically provided a free subscription to the
OpenAFranchise.com Email Newsletter plus other company related
communication products and services. We reserve the right to
collect email addresses and other contact information from
potential business buyers, entrepreneurs, opportunity seekers,
and other site users who wish to contact advertisers found on
our site through the email contact forms found in their ads.
This information will be used in email newsletters and other
forms of communication. Subscribers to the OpenAFranchise.com
email newsletter and/or periodic magazine/publication will be
provided this service free of charge. The newsletter and
magazine/publication are tentatively scheduled to launch in the
second half of 2008. We reserve the right to allow 3rd parties
to rent or purchase this contact information.
Advertising Categorization
We reserve the right to modify and re-classify any advertising
listing on the site at any time by adding new industry related
categories, removing industry related categories, or modifying
or adjusting any other classifications system that defines where
or how a user will find a listed company's ads. These changes
may alter the way a listing advertisement is found through our
site's various search functions and tools.
Illegal Usage - Database Reproduction & Information
Gathering
The reproduction of our database in any way is strictly
prohibited without our expressed written consent. The use of
information located in our database in any unauthorized sales,
information gathering, or any other marketing related initiative
is strictly prohibited. The use of this website for any of these
reasons without the expressed written consent of our executive
management is unlawful and will be aggressively defended in the
court system. If we find that any person, business, company, or
other entity has used the website for any of these reasons then
the party responsible will agree to pay us a fee, which will be
determined by our executive management depending on the severity
of the infringement. Unauthorized use of the email contact forms
to contact advertisers on our website will be billed to the
responsible party at a rate of $2500.00 per unauthorized
contact. By using the website you agree with these conditions.
If you have trouble understanding these terms then we suggest
that you seek the advice of a lawyer.
Miscellaneous Advertisers in our Franchise Channels
Please note that not all of the advertisers in the various
franchise advertising channels on OpenAFranchise.com are legally
a franchise. Some of the companies that advertise in these
channels are dealership opportunities or other business related
opportunities. We recommend seeking the advice of a lawyer,
business consultant, financial advisor, and accountant before
purchasing any of these opportunities.
Copyrights and Intellectual Property Rights
The content on the OpenAFranchise.com website is copyrighted ©
2008 and all rights are reserved. Any unauthorized reproduction
is strictly prohibited. All services, logos, publications,
trademarks, service marks, software, and formats are the
property of OpenAFranchise.com and is not to be reproduced in
any way without the written consent of our executive management.
Users of the website may print information found on this site
only for non-commercial, personal, regular use.
Service Problems or Interruptions
OpenAFrnachise.com
relies on an outside vendor for website hosting and some
technology solutions. We are not responsible for any website
downtime or service interruptions associated with any technology
problem(s), Internet problem(s), or any other type of problem(s)
and is in no way obligated to make monetary reimbursements or
refunds for any reason.
Privacy Policy
When you sign up for an Advertiser service with us we ask for
your name, e-mail address, mailing address, phone number, and
other information. This information is sometimes displayed to
users of our websites in order to generate leads.
OpenAFranchise.com or our business partners and sponsors may use
your information to contact you about services and
opportunities, to take surveys, and to offer other related
services. In addition to your contact information, we may also
ask for your credit card number. Your credit card number will
remain confidential and will only be used for proper billing
purposes. By agreeing with these terms you agree that we may use
and store your information, including credit card information,
in accordance with this privacy policy. You are not permitted to
use our services unless you agree with these terms.
We do not knowingly collect or solicit personally identifiable
information from or about children under the age of 13. If we
discover that we have received any information from a child
under the age of 13, we will delete that information
immediately. By visiting our websites or by submitting any
information to our websites, you are representing to us that you
are age 13 or older.
Cookies
Cookies are small text data files that we transfer to our users'
hard disk or browser for added functionality. It is very common
for sites like ours to use cookies. We use cookies to improve
the way our network operates and to help our users use our
services, but such cookies do not contain anything that can be
used to personally identify users. You may still use the website
if you set up your browser to reject cookies.
Links to Other Websites
We may link to other websites, which is done for your
convenience and information only, and occasionally other
websites may be co-branded with our trade names and trademarks.
Websites that are linked to our websites or carry our brands may
have privacy policies which differ from ours, and which we do
not control. In no way are we responsible for the content,
representations, advertising, or anything else found on these
websites and has no control over this information. Users of the
OpenAFranchise.com website visit these sites under their own
risk.
Affiliate Website
We expect to receive site users and listing service purchases
from traffic delivered from partner and affiliate websites. We
are not responsible for any false or misleading claims made by
affiliates or partners. Refunds made to these customers, for any
reason, will only be completed after we receive a full and equal
refund from the affiliate or partner website that was paid a
commission to deliver the listing service purchaser.
Jurisdiction and Legal Issues
The use of the OpenAFranchise.com website or its services is
governed by the laws of the State of Pennsylvania. Any
enforcement of our terms or disclaimer will be brought in the
state or federal courts located in Philadelphia, Pa. Any claim
against us will also be required to be brought in the state
court located in Philadelphia, Pa. We reserve the right to
request and to receive an arbitration hearing for any claims
brought against the company, its officers, management, owners,
or employees by any site users, clients, or other parties that
will be fully paid for by the person(s), company(s), or
organization(s) making the claim. Any arbitration hearing will
be held in Philadelphia, Pa. The use of the OpenAFranchise.com
website or any of its services signifies that you agree with
these terms and disclaimer. If you do not agree with these terms
and disclaimer then you are not permitted to use our website or
any of our services. We recommend that you hire an attorney if
you need assistance understanding these terms.
Newsletter, Magazines, and other Publications
All of the Terms of Use and Disclaimers outlined on this page
apply to all OpenAFranchise.com newsletters, magazines,
publications, advertising, press releases, and other forms of
communication.
If you need
to contact us for any reason, please email us here:
info@openafranchise.com
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