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Terms and Conditions

Code of Conduct

The FBA, and its employees, strive to be an ever supportive network for the members within our community. This includes all of our brokers, consultants, franchisors and industry associates. The FBA will continue to develop their network and resource center for the benefit of all its members and will consistently strive to be the best broker resource in the industry.

Members are expected to treat all others with respect and honesty. All members should conduct business in an ethical way, as to always be proud of this Association and their membership.

Each individual should endeavor to be a positive and contributing member of the FBA. Members are expected to use the tools and resources to the best of their ability and to continually improve themselves as a member, as well as their interactions within the community and the industry as a whole.

When issues arise, the FBA will seek to resolve them in an unbiased and fair means for all. As an association we will focus on building partnerships and effective collaboration. We will seek to understand all parties involved in the award process, by always asking and never assuming. We will always keep the client’s best interest in mind.
 

TERMS AND CONDITIONS OF USING THE
www.FranchiseBA.com WEBSITE

Welcome

The following are the rules and “terms” that govern use of the Franchise Brokers Association, Inc. web site (“Site”) including, without limitation, our Privacy Policy which is included herewith. As used herein, “We” , “we” , “us” and “our” mean Franchise Brokers Association, Inc.

By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. We reserve the right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. We will note when there are updates to the Terms of Use at the bottom of the Terms. If you violate these Terms of Use, we may terminate your use of the Site, bar you from future use of the Site, cancel any orders or transactions you have in connection with the Site and/or take appropriate legal action against you.

Permitted Use

You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than personal use while a member of the Franchise Brokers Association, Inc. and those expressly authorized by us. The content and software on this Site is the property of Franchise Brokers Association, Inc. and/or its suppliers and is protected by U.S. copyright laws.

Access and Interference

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without our prior expressed written permission.

Copyright Policy

User acknowledges that the Site contains information, data, software, photographs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. Neither you nor any other user may modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and the you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

Disclaimers

We do not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any Content. The Site and its Content are delivered on an “as-is” and “as-available” basis. We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. We disclaim all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. We will not be liable for any damages of any kind arising from the use of the Site, including without limitation, direct, indirect, incidental, and punitive and consequential damages.

We make no guarantee of any specific result from use of this Site or use of the our services.

We disclaim any and all liability for the acts, omissions and conduct of any third party users, advertisers and/or sponsors on or of the Site and our suppliers, in connection with the our services or otherwise related to your use of the Site and/or our services. We are not responsible for the products, services, actions or failure to act of any third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to us at admin@franchiseba.com. We may investigate the claim and take appropriate action, in our sole discretion.

Limitation of Liability

Except in jurisdictions where such provisions are restricted, in no event will we be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, lost profits, even if we have been advised of the possibility of such damages.

Under no circumstances shall we or any other party involved in creating, producing, contributing to or distributing the Site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by you on any information obtained from the Site or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to our records, programs, or services. You hereby acknowledge that this paragraph shall apply to all content, products, and services available through us or the Site.

Disputes

If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Florida.

Indemnity

You agree to indemnify and hold us, our subsidiaries, affiliates, officers, directors, owners, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site, including also, your use of the Site.

Trademarks

www.FranchiseBA.com is a service mark of Franchise Brokers Association, Inc. All rights reserved. That and other graphics, logos and service marks and trademarks of Franchise Brokers Association, Inc. and any of its affiliates or suppliers may not be used without prior written consent of Franchise Brokers Association, Inc. or its affiliates or suppliers, as the case may be. All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners.

Franchise Brokers Association reserves the right to refuse or revoke membership to any individual who is not in compliance with the FBA’s Code of Conducts, Trainings, Best Business Practices, Terms & Conditions, or otherwise deemed necessary by the Association.

PRIVACY POLICY:

Account Information

When you create an account with us or become a registered user of our Site, you will be asked to share with us certain basic personal information, such as your name, e-mail address, password and other information. After creating an account, you can view or update the personal information in your account at any time.

Transaction Information

You may be asked for information including your billing and shipping addresses, credit card number and expiration date, etc.

Subscription Information

Within your account you can indicate whether you desire alerts or notices via e-mail. You can subscribe or unsubscribe to receive these emails at any time.

Use of Personal Information

Your personal information will be shared with the third parties necessary to successfully complete whatever transaction you are attempting to accomplish through or using the Site and others who facilitate the transaction (for example, your credit card company).

As an account holder, from time to time, you may receive communications from us or third parties performing services on our behalf, which include: (i) information regarding a transaction; (ii) notifications regarding updates or modifications to our Site; and (iii) details regarding any special offers or alerts.

As an account holder, you may also choose to receive from us, or trustworthy third parties authorized by us, special promotions that we believe will be valuable to you.

We may disclose your personal information (i) if you fail to pay amounts due for services; or (ii) if you violate our Terms of Use or any governmental, regulatory or other enforcement agency law, rule, or regulation. Unless otherwise prohibited by law or our contractual obligations, we may disclose personal information if required to do so by law, court order, or as requested by a governmental or law enforcement authority, or in the good faith belief that disclosure is otherwise necessary or advisable. Such situations may include: to perform, maintain or enforce contracts with our customers; to protect our rights or properties and those of our business affiliates, customers, employees or others; or when we have reason to believe that disclosing the information is necessary to identify, contact, or bring legal action against someone who may be causing, or who may be threatening to cause, interference with or damage to our rights or properties, whether intentionally or otherwise; or when anyone else could be harmed by such activities.

Use of your personal information by third parties distributing promotions on our behalf shall be subject to our Privacy Policy.

To subscribe or unsubscribe to our e-mails, you can log into “Your Account” at any time. Also, you may unsubscribe to our e-mails where indicated on our e-mails.

We will not sell or rent your personal information to any third parties.

Security

As an account holder or authorized subscriber to our Site, your personal information is password-protected. If you ever forget your password, you can request your password be emailed to you. You can change your password at any time by visiting “Your Account” and updating your information. Remember to log out of your account and close your browser window when you have finished visiting our Site in order to ensure that others cannot access your personal information.

We permit authorized personnel only to access personal information.

We use industry-standard technology to encrypt (or convert into code) your personal information before it is transferred across the Internet.

Since we do not control transmissions over the Internet, via commercial Internet service providers, and/or the security of your personal computer, we cannot guarantee 100% secure transmission via the Internet. Use of the Internet is at your own risk. Also, it is important that you take steps to protect yourself against unauthorized access to your computer, your password, your personal information and your identity.

Other, Non-Personal Information Collected

Like many other Internet sites, we automatically collect non-personal information regarding our visitors, such as software client information (for example, IP addresses, browser versions and operating systems) and aggregate information (for example, number of pages accessed) in order to analyze Web traffic and usage trends. Information of this nature does not pertain to your specific identity and is not associated with your personal information.

To enhance your experience on our Site, we and our third-party advertiser(s) commonly employ Internet technologies, such as “cookies,” to collect and store non-personal information about our visitors. “Cookies” are small pieces of information that are transferred by a website and stored by your Web browser on your computer’s hard drive. With most browsers, you can set the preferences to show a warning each time a cookie request is received. You can also set the browser not to accept cookies at all; however, we won’t be able to personalize your experience if we cannot recognize you.

Cookies and Web beacons (also called “pixel tags”) may be used by us or our third-party advertiser(s) to determine how you reached our Site, to track your usage patterns once you are on our Site, and to target our Internet banner advertisements on our Site and other websites.

Questions, Comments or Concerns

If you have additional questions or concerns regarding our Privacy Policy, please e-mail us at contact@franchiseba.com.

Privacy Policy Updates

We may, in our sole discretion, revise this Privacy Policy at any time; all such revisions shall be effective when posted. If we change the way your personal information will be used, we will post an announcement on our homepage. We encourage you to periodically review this Privacy Policy in order to keep apprised of our current privacy practices.

REFUND POLICY

Due to the nature of the content on our site No refunds will be made for purchases and subscriptions. This refund policy can be modified by the Franchise Brokers Association, Inc. without any prior notice to our customers.
 

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